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November 20, 2008 

BIS Seeking Comments on the Prospect of Removing ECCN 7A Commodities From De Minimis Eligibility

The Bureau of Industry and Security (BIS) published a notice in today's Federal Register announcing that it is seeking public comment on the prospect of removing from de minimis eligibility commodities controlled for missile technology (MT) reasons under Category 7-Product Group A on the Commerce Control List (CCL), except when the items are incorporated as standard equipment in Federal Aviation Administration (FAA) (or national equivalent) certified civilian transport aircraft.

Commodities controlled by Category 7-Product Group A in the CCL are certain equipment and components related to navigation and avionics. According to BIS, several agencies have raised concerns that such commodities, when controlled for MT reasons, have the potential to provide a foreign product with unique military capabilities, even if the value of the commodity is below normal de minimis levels.

If such a policy were implemented, foreign made items that incorporate U.S.-origin 7A commodities would be subject to the Export Administration Regulations, except when the 7A commodities are incorporated as standard equipment in FAA (or national equivalent) certified civilian transport aircraft.

BIS is seeking public input on the impact such a change would have on U.S. manufacturers of category 7A commodities, as well as the impact such a change would have on foreign manufacturers that incorporate U.S.-origin 7A commodities into their foreign-made products.

Comments must be submitted to BIS by January 20, 2009.

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