BIS Amends Certain CCL Entries Pursuant to Australia Group Plenary
The Bureau of Industry and Security has issued a final rule, effective April 20, 2011, which amends certain entries under the Commerce Control List (Supplement No. 1 to Part 774 of the EAR) to implement understandings reached at the June 2010 plenary meeting of the Australia Group1 and makes certain AG-related editorial clarifications and corrections to the Export Administration Regulations.
The final rule amends the description of certain “materials" under the chemical manufacturing equipment entry; the human and zoonotic pathogens and toxins entry and the animal pathogens entry; and the listing for “valves” in the chemical manufacturing equipment entry.
Specifically, BIS' final rule amends the following:
Certain ECCN 2B350 Dual-Use Chemical Manufacturing "Materials" Clarified
The final rule amends Export Control Classification Number (ECCN) 2B350 (Chemical manufacturing facilities and equipment) to add two parenthetical phrases that describe types of “materials” contained in items on the AG “Control List of Dual-Use Chemical Manufacturing Facilities and Equipment and Related Technology and Software," as follows:
- adds a parenthetical phrase to ECCN 2B350.a.3, .b.3, .c.3, .d.3, .e.3, .g.3, .h.3., and .i.3 to clarify the meaning of the term “fluoropolymers” in connection with the types of “materials” from which certain chemical manufacturing equipment is made. This parenthetical phrase describes “fluoropolymers” as “polymeric or elastomeric materials with more than 35% fluorine by weight.”
- adds a parenthetical phrase to ECCN 2B350.i.11 (under the listing for “pumps”) to clarify that the "material" "ferrosilicon" refers to "high silicon iron alloys."
Certain ECCN 1C351, 1C352 Biological Agent Names Updated and Clarified
The final rule updates ECCN 1C351 (human and zoonotic pathogens and “toxins”) and clarifies ECCN 1C352 (animal pathogens) consistent with the controls described in the AG “List of Biological Agents for Export Control” and the AG “List of Animal Pathogens for Export Control,” respectively, as follows:
- revises the listing for “Chlamydia psittaci” in ECCN 1C351.c.7 by updating the name of the bacterium to read “Chlamydophilapsittaci (formerly known as Chlamydia psittaci).”
- revises the listing for the “Lyssa virus” in ECCN 1C352.a.8 by adding a parenthetical phrase to indicate that the virus is also known as “Rabies.”
Certain ECCN 2B350 "Valve" Controls Clarified
The final rule also makes two clarifications to ECCN 2B350, consistent with the controls described in the AG “Control List of Dual-Use Chemical Manufacturing Facilities and Equipment and Related Technology and Software,” as follows:
- amends the introductory text of ECCN 2B350.g (valves) to clarify that the ECCN controls valves specified therein that are used in the “production” of chemicals, as well as valves that are used in the “processing” or “containment” of chemicals.
- revises the description of the material “Glass or glasslined (including vitrified or enameled coatings)” in ECCN 2B350.g.4 to read “Glass (including vitrified or enameled coating or glass lining)” to clarify the extent to which valves containing this type of material are controlled under this ECCN.
(BIS notes that none of the changes made by this rule alters the scope of the controls in ECCNs 1C351, 1C352, or 2B350.)
1The AG is a multilateral forum consisting of 40 participating countries that maintain export controls on a list of chemicals, biological agents, and related equipment and technology that could be used in a chemical or biological weapons program. The AG periodically reviews items on its control list to enhance the effectiveness of participating governments’ national controls and to achieve greater harmonization among these controls.
(See ITT's Online Archives or 04/13/11 news, 11041313, for BP summary of BIS official remarks regarding its updated list of “best practices” to prevent diversion of dual use exports, etc. at the recent NCBFAA Annual Conference.)
(D/N 110106012-1013-01, FR Pub 04/20/11)