BIS Initiates Foreign Availability Assessment of Certain Cameras in China
The Bureau of Industry and Security has issued a notice and press release announcing the initiation of a foreign availability assessment of uncooled thermal imaging cameras incorporating microbolometer focal plane arrays in China in response to petition received from the Sensors and Instrumentation Technical Advisory Committee (SITAC).
BIS is also seeking public comments by September 17, 2008 on the foreign availability of these cameras in China.
(BIS is initiating this assessment in response to a certified petition, which asserts that these cameras are widely available in China and render U.S. export controls ineffective in achieving their purpose. If foreign availability exists, BIS may remove the license requirement, unless the President determines that this would be detrimental to national security. Alternatively, BIS may recommend to the President that negotiations be undertaken to eliminate the foreign availability. )
Cameras Incorporate Certain Focal Plan Arrays, Under ECCN 6A003.b.4.b of CCL
These cameras incorporate microbolometer focal plane arrays operating in a spectral band between 8 and 14 microns, with a frame rate no higher than 60 Hz, and a pixel count of 110,592 or less. These items are currently controlled for national security reasons under Export Control Classification Number (ECCN) 6A003.b.4.b on the Commerce Control List (CCL) (Supplement No. 1 to 15 CFR Part 774).
Due to Availability of Comparable Cameras, Export Controls May be Ineffective
The SITAC petition asserts that cameras of comparable quality to those subject to control under ECCN 6A003.b.4.b are available-in-fact from China in sufficient quantities to render the U.S. export control of the cameras ineffective.
BIS Initiating Review as Sufficient Evidence Suggests Foreign Availability
BIS states that it has reviewed the SITAC petition and determined that it has sufficient evidence to show that foreign availability of these cameras exists. Therefore, BIS is initiating a foreign availability assessment of uncooled thermal imaging cameras incorporating microbolometer focal plane arrays.
BIS Seeks Comments on Comparable Cameras in China, Etc.
To assist in assessing the foreign availability of these cameras, BIS is seeking public comments and submissions that relate to the following information:
Product names and model designations of cameras that are made in China and that are comparable to the U.S. cameras with a spectral band between 8 and 14 microns, a frame rate of no more than 60 Hz, and a pixel count of 110,592 or less (U.S. cameras);
Names and locations of Chinese companies that produce and export indigenously-produced cameras comparable to U.S. cameras;
Chinese production quantities, sales, and/or exports of cameras comparable to U.S. cameras;
Data on imports of Chinese cameras comparable to U.S. cameras, and/or testing and analysis of such cameras;
An estimate of the economic impact on U.S. companies of the export controls on the U.S. cameras.
Secretary of Commerce to Make Final Determination
BIS will submit its findings to the Secretary of Commerce, who in turn will issue a final determination which will be published in the Federal Register.
- comments due by September 17, 2008
BIS contact - Kevin Kurland (202) 482-2385
BIS Notice (D/N 0808251149-81159-01, FR Pub 09/02/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-20168.pdf
BIS press release (dated 09/02/08) available at http://www.bis.doc.gov/news/2008/bis_press09022008.htm