[Federal Register Volume 69, Number 137 (Monday, July 19, 2004)]
[Rules and Regulations]
[Pages 42862-42870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16351]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 742, 748, 770, and 774
[Docket No. 031202303-3303-01]
RIN 0694-AC75
Revisions of Export Licensing Jurisdiction of Certain Types of
Energetic Material and Other Chemicals Based on Review of the United
States Munitions List
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
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SUMMARY: This final rule amends the Export Administration Regulations
(EAR) to implement decisions to move export licensing jurisdiction of
certain types of energetic materials and other chemicals from the
Department of State, Directorate of Defense Trade Controls (DTC), to
the Department of Commerce, Bureau of Industry and Security (BIS), and
to move such jurisdiction for other chemicals from BIS to DTC.
DATES: This rule is effective July 19, 2004.
FOR FURTHER INFORMATION CONTACT: Robert Teer at (202) 482-4749 for
questions concerning changes to Export Control Classification Numbers
(ECCN) 1C018 and 1C992; Steve Clagett (202) 482-1461 for questions
concerning coverage of guanidine nitrate or nitroguanidine under ECCN
1C011; Joan Roberts (202) 482-4252 for questions concerning the
coverage of liquid pepper in ECCN 1A984; Scott Hubinger at (202) 482-
5223, for questions concerning changes to ECCNs 1C350, 1C355, and
1C395, and related changes in parts 742 and 770; and William Arvin
[[Page 42863]]
at (202) 482-2440 for other questions about this rule.
SUPPLEMENTARY INFORMATION:
Background
This rule, along with a complementary rule published by the
Department of State (67 FR 70839, November 27, 2002) (hereinafter
``November 27 rule''), implements decisions reached in an ongoing
review of the United States Munitions List (USML) that is part of the
Defense Trade Security Initiative. That initiative, announced on May
24, 2000 at a NATO ministerial meeting by the Secretary of State,
includes annual review of portions of the USML with the objective of
reviewing the entire list every four years. This rule adds some
chemicals formerly on the USML to the Export Administration Regulations
(EAR) and removes from the EAR other chemicals that were added to the
USML by the November 27 rule.
This rule adds to the Commerce Control List (CCL) the following
chemicals: chloropicrin; propyleneimine (2-methylaziridine) (CAS 75-55-
8); liquid pepper, except when packaged in individual containers of 3
ounces (85.05 grams) or less; and oxidizers and mixtures thereof that
are compounds composed of fluorine and one or more of the following--
other halogens, oxygen, or nitrogen. In addition, three chemicals that
were removed from the USML by the November 27 rule are not being added
to the CCL because they were already listed thereon. Those chemicals
are fluorine, guanidine nitrate, and nitroguanidine. This rule removes
from the CCL: 0-ethyl-2-diisopropyl aminoethyl methylphosphonite (QL),
ethyl phosphonyl difluoride, methylphosphonyl difluoride (DF), methyl
phosphonous dichloride, methylphosphinyl difluoride, and
methylphosphonyl dichloride because the November 27 rule placed them on
the USML.
This rule also replaces the phrase ``Office of Defense Trade
Controls'' with ``Directorate of Defense Trade Controls'' in several
places to reflect the name change of that organization and revises the
references to Libya and Syria in the License Requirements section of
ECCN 1C350 to reflect the current provisions of the EAR that address
export controls that apply to those countries.
The specific descriptions of the changes to the EAR made by this
rule are as follows.
Chemicals Transferred from the United States Munitions List to the
Commerce Control List
This rule adds chloropicrin to ECCN 1C355 by creating a new
paragraph (b.1.d) in the List of Items Controlled section of that
entry. This action imposes a reexport license requirement on
chloropicrin that is subject to the EAR when reexported from one
country that is not a party to the Chemical Weapons Convention
(Convention) to another country not a party to the Chemical Weapons
Convention, and when exported from the United States to a country not a
party to the Convention if the exporter has not received an End Use
Certificate issued by the importing country. This rule also imposes a
license requirement for antiterrorism reasons for exports and reexports
of chloropicrin to a limited number of destinations. The imposition of
this control is described in a report to Congress on July 2, 2004. This
rule removes a reference to chloropicrin as being under the export
license jurisdiction of DTC in the Related Controls paragraph of the
List of Items controlled section of ECCN 1C355. This rule also removes
and reserves paragraph (.b.3) from ECCN 1C355 because the mixtures
containing chloropicrin described therein are subsumed in the new
paragraph (b.1.d.)
This rule adds propyleneimine (2-methylaziridine) (CAS 75-55-8) to
ECCN 1C018 by adding a new paragraph (l) to the List of Items
Controlled section of ECCN 1C018. This rule adds oxidizers and mixtures
thereof that are compounds composed of fluorine and one or more of the
following: other halogens, oxygen, or nitrogen to ECCN 1C018 by adding
a new paragraph (m) to that entry and by adding ``MT column 1'' as a
reason for control applicable only to the items covered by the new
paragraph (m) because these oxidizers are listed on both the Missile
Technology Control Regime (MTCR) Annex and the Munitions List
maintained by the Wasssenaar Arrangement. A note to new paragraph
1C018.m excludes nitrogen trifluoride (NF3) in a gaseous
state and refers readers to 1C992. Another note to that paragraph
excludes chlorine triflouride (ClF3) from national security
controls. Cross references are added to the ``Related Controls''
paragraphs of ECCN 1C018 and ECCN 1C238 to alert readers that both
entries impose controls on ClF3. The addition of the
oxidizers and mixtures to new paragraph 1C018.m is a new foreign policy
control requiring a report to Congress. The report was delivered to
Congress on July 2, 2004.
This rule also adds language to the ``Related Controls'' paragraph
of ECCN 1C111 to notify readers that oxidizers and mixtures thereof
that are compounds composed of fluorine and one or more of other
halogens, oxygen, or nitrogen, are controlled under ECCN 1C018.
This rule also amends the heading of ECCN 1C018 to add ``and
Certain Chemicals as follows (See List of Items Controlled)'' because
the chemicals added by this rule are controlled by that entry
regardless of whether they are incorporated into a commercial charge or
device. This rule also adds paragraph references to the Related
Controls paragraph of ECCN 1C018 to clarify for the reader which
paragraphs in those related ECCNs describe commercial charges and
devices containing USML controlled materials, and which do not. USML
controlled materials, when not incorporated into the charges and
devices described in the paragraphs of those ECCNs, remain on the USML.
However, the chemicals being added to those ECCNs by this rule are
subject to the EAR unless they are incorporated into an item on the
USML. This rule adds a sentence to the Related Controls paragraph of
ECCN 1C018 to alert readers to that fact. This rule also corrects the
citations to the USML at several places in both of those entries. This
rule also imposes a license requirement on the chemicals that it adds
to ECCN 1C018 for antiterrorism reasons to some destinations. The
antiterrorism controls imposed by these changes are in a report
submitted to Congress on July 2, 2004.
A note is added to ECCN 1C018 providing that when a chemical in
paragraphs .1 or .m of ECCN 1C018 is incorporated into a commercial
charge or device described in paragraphs .a through .k of ECCN 1C018 or
of ECCN 1C992, the item is classified as the commercial charge or
device.
The November 27 rule also removed liquid pepper from the USML. This
rule adds liquid pepper, except when in individual containers with net
weight of 3 ounces (85.05 grams) or less, to ECCN 1A984. This addition
is a new foreign policy control requiring a report to Congress. The
report was delivered to Congress on July 2, 2004.
This rule also revises the heading and list of items controlled
paragraph in ECCN 1C992 to add nitrogen trifluoride in a gaseous state.
It also adds a reference to 1C018 to the related controls paragraph of
1C992 alerting readers to the fact that nitrogen trifluoride when not
in a gaseous state is controlled by 1C018.
[[Page 42864]]
Chemicals Removed From the USML That Are Not Being Added to the CCL
The November 27 rule published by the Department of State removed
fluorine, guanidine nitrate, and nitroguanidine from the USML. These
chemicals were already listed on the CCL prior to the publication of
this rule. Guanidine nitrate and nitroguanidine will continue to be
covered by ECCN 1C011 paragraphs .c and .d, which impose a license
requirement to all destinations except Canada. Fluorine will continue
to be subject to ECCN 1C999, which imposes a license requirement to
North Korea.
Chemicals Transferred From the Commerce Control List to the United
States Munitions List
This rule removes 0-ethyl-2-diisopropyl aminoethyl
methylphosphonite (QL), ethyl phosphonyl difluoride, and methyl
phosphonyl difluoride (DF), from the CCL by removing and reserving
paragraph (a) in the ``List of Items Controlled'' section of ECCN
1C350. This rule also removes methylphosphonous dichloride,
methylphosphonous difluoride, and methylphosphonyl dichloride from the
Commerce Control List by removing and reserving subparagraphs (b.15)
(b.16) and (b.17) in the List of Items Controlled section of ECCN
1C350. These six chemicals are now on the USML.
This rule removes references to ECCN 1C350.a from the following:
paragraph (a)(2)(i)(A) of Sec. 742.2; paragraphs (a)(1), (b)(1)(i),
(b)(1)(ii), and (b)(1)(iii) of Sec. 742.18; paragraph (q) of part 748,
Supplement No. 2; the Reason for Control and License Requirements Notes
paragraphs of the License Requirements section of ECCN 1C350; the
Related Controls paragraph of the License Requirements section of
1C395; and the Related Controls Paragraph of the List of Items
Controlled section of ECCN 1C995.
This rule removes the following references to chemicals that are
now subject to the licensing jurisdiction of DTC and no longer subject
to the licensing control of BIS. References to methylphosphonyl
difluoride are removed from paragraphs (1), (4) and (8) and
methylphosphonyl dichloride is removed from paragraph (8) of part 742,
Supplement No. 1, which deals with contract sanctity dates. References
to 0-ethyl-2-diisopropyl aminoethyl methylphosphonite (QL), ethyl
phosphonyl difluoride, methyl phosphonyl difluoride (DF),
methylphosphonous dichloride, methylphosphonous difluoride, and
methylphosphonyl dichloride and their synonyms are removed from
paragraph (k) of Sec. 770.2, which provides alternative names for
chemicals subject to ECCN 1C350.
Conforming Changes to ECCN 1C350
In the ``License Requirements'' section of ECCN 1C350, this rule
replaces the reference to part 742 of the EAR as the source of
information about antiterrorism controls that apply to Syria with a
reference to Supplement No. 1 to part 736. It also replaces the
reference to part 746 as the source of information about antiterrorism
controls that apply to Libya with a reference to part 742. These
changes are being made to make this ECCN conform to recently published
rules about Libya (69 FR 23626, April 29, 2004) and a general order
implementing the Syria Accountability and Lebanese Sovereignty Act (69
FR 26766, May 14, 2004).
Savings Clause
Items that this rule transfers to BIS export licensing
jurisdiction, and that have been authorized for export or reexport
pursuant to a license issued by DTC, may be exported or reexported in
accordance with the terms of that license until that license expires.
Items that this rule removes from BIS licensing that have been
authorized for export or reexport pursuant to a license issued by BIS
may be exported or reexported in accordance with the terms of that
license until that license expires. Items that will require an export
or reexport license from BIS upon publication of this rule and that,
prior to publication of this rule, were eligible for export or reexport
under a License Exception or with no license required (NLR) may be
exported or reexported under those conditions if they are on dock for
loading, on lighter, laden aboard an exporting carrier or en route
aboard a carrier to a port of export on August 2, 2004, pursuant to
actual orders for export to a specific destination, and actually are
exported from the United States or reexported from another country
before August 16, 2004. Any such items not actually exported or
reexported before midnight August 16, 2004 may be exported or
reexported only if authorized by BIS.
Rulemaking Requirements
1. This final rule has been determined to be not significant for
purposes of E.O. 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to nor be subject to a penalty for failure to
comply with a collection of information, subject to the requirements of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number. This regulation involves
collections previously approved by the OMB under control numbers 0694-
0088, ``Multi-Purpose Application,'' which carries a burden hour
estimate of 58 minutes to prepare and submit form BIS-748 .
Miscellaneous and recordkeeping activities account for 12 minutes per
submission. Burden hours associated with the Paperwork Reduction Act
and Office and Management and Budget control number 0694-0088 are not
impacted by this regulation. Send comments regarding these burden
estimates or any other aspect of these collections of information,
including suggestions for reducing the burden, to David Rostker, OMB
Desk Officer, by e-mail at [email protected] or by fax to
(202) 395-7285; and to the Regulatory Policy Division, Bureau of
Industry and Security, Department of Commerce, P.O. Box 273,
Washington, DC 20044.
3. This rule does not contain policies with Federalism implications
as that term is defined under E.O. 13132.
4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military and foreign affairs
function of the United States (5 U.S.C. 553(a)(1)). Further, no other
law requires that a notice of proposed rulemaking and an opportunity
for public comment be given for this final rule. Because a notice of
proposed rulemaking and an opportunity for public comment are not
required to be given for this rule under the Administrative Procedure
Act or by any other law, the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Therefore,
this regulation is issued in final form. Although there is no formal
comment period, public comments on this regulation are welcome on a
continuing basis. Comments should be submitted to William Arvin, Office
of Exporter Services, Bureau of Industry and Security, Department of
Commerce, Room H2705, Washington, DC 20230.
List of Subjects
15 CFR Parts 742, 770 and 774
Exports, Foreign trade.
[[Page 42865]]
15 CFR Part 748
Administrative practice and procedure, Exports, Foreign trade,
Reporting and recordkeeping requirements.
0
For the reasons set forth in the preamble parts 742 and 774 of the
Export Administration Regulations (15 CFR parts 730-799) are amended as
follows:
PART 742--[AMENDED]
0
1. The authority citation for 15 CFR part 742 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
18 U.S.C. 2510 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a;
Sec. 901-911, Pub. L. 106-387; Sec. 221, Pub. L. 107-56; E.O. 12058,
43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3
CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp.,
p. 950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of October 29,
2003, 68 FR 62209, 3 CFR, 2003 Comp., p. 347; Notice of August 7,
2003, 68 FR 47833, 3 CFR, 2003 Comp., p. 328.
0
2. In Sec. 742.2 revise paragraph (a)(2)(i)(A) to read as follows:
Sec. 742.2 Proliferation of chemical and biological weapons.
(a) * * * * *
(2) * * *
(i) * * *
(A) This license requirement includes chemical mixtures identified
in ECCN 1C350.b, .c, or .d, except as specified in License Requirements
Note 2 to that ECCN.
* * * * *
0
3. In Sec. 742.18 revise paragraph (a)(1), the introductory text of
paragraphs (b)(1)(i), and paragraphs (b)(1)(ii) and (b)(1)(iii) to read
as follows:
Sec. 742.18 Chemical Weapons Convention (CWC or Convention).
* * * * *
(a) License requirements. (1) Schedule 1 chemicals and mixtures
controlled under ECCN 1C351. A license is required for CW reasons to
export or reexport Schedule 1 chemicals controlled under ECCN 1C351.d.5
or d.6 to all destinations including Canada. CW applies to 1C351.d.5
for ricin in the form of Ricinus Communis AgglutininII
(RCAII), which is also known as ricin D or Ricinus Communis
LectinIII (RCLIII), and Ricinus Communis
LectinIV (RCLIV), which is also known as ricin E.
CW applies to 1C351.d.6 for saxitoxin identified by C.A.S.
35523-89-8. (Note that the advance notification procedures and
annual reporting requirements described in Sec. 745.1 of the EAR also
apply to exports of Schedule 1 chemicals.)
* * * * *
(b) Licensing Policy. (1) Schedule 1 chemicals and mixtures. (i)
Exports to States Parties to the CWC. Applications to export Schedule 1
Chemicals controlled under ECCN 1C351.d.5 or .d.6 to States Parties to
the CWC (destinations listed in Supplement No. 2 to part 745 of the
EAR) generally will be denied, unless all of the following conditions
are met:
* * * * *
(ii) Exports to States not Party to the CWC. Applications to export
Schedule 1 chemicals controlled under ECCN 1C351.d.5 or .d.6 to States
not Party to the CWC (destinations not listed in Supplement No. 2 to
part 745 of the EAR) generally will be denied, consistent with U.S.
obligations under the CWC to prohibit exports of these chemicals to
States not Party to the CWC.
(iii) Reexports. Applications to reexport Schedule 1 chemicals
controlled under ECCN 1C351.d.5 or .d.6 generally will be denied to all
destinations (including both States Parties to the CWC and States not
Party to the CWC).
* * * * *
0
4. In Supplement No. 1 to part 742--Nonproliferation of Chemical and
Biological Weapons--revise paragraphs (1), (4) and (8) to read as
follows:
SUPPLEMENT NO. 1 TO PART 742--NONPROLIFERATION OF CHEMICAL AND
BIOLOGICAL WEAPONS
* * * * *
(1) The contract sanctity date for exports to Iran or Syria of
dimethyl methylphosphonate, phosphorous oxychloride, thiodiglycol,
dimethylamine hydrochloride, dimethylamine, ethylene chlorohydrin (2-
chloroethanol), and potassium fluoride is April 28, 1986.
* * * * *
(4) The contract sanctity date for exports to Iran of dimethyl
methylphosphonate, phosphorus oxychloride, and thiodiglycol is February
22, 1989.
* * * * *
(8) The contract sanctity date for exports to all destinations
(except Iran, Libya or Syria) of chemicals controlled by ECCN 1C350 is
March 7, 1991, except for applications to export the following
chemicals: 2-chloroethanol, dimethyl methylphosphonate, dimethyl
phosphite (dimethyl hydrogen phosphite), phosphorus oxychloride,
phosphorous trichloride, thiodiglycol, thionyl chloride
triethanolamine, and trimethyl phosphite. (See also paragraphs (6) and
(7) of this Supplement.) For exports to Iran, Libya or Syria, see
paragraphs (1) through (6) of this Supplement.
* * * * *
SUPPLEMENT NO. 2 TO PART 748--[AMENDED]
0
5. The authority citation for 15 CFR part 748 is revised to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 7, 2003, 68 FR
47833, 3 CFR, 2003 Comp., p. 328.
0
6. In Supplement No. 2 to part 748--Unique License Application
Requirements, revise paragraph (q) to read as follows:
SUPPLEMENT NO. 2 TO PART 748--UNIQUE LICENSE APPLICATION REQUIREMENTS
* * * * *
(q) Chemicals controlled for CW reasons under ECCN 1C350. In
addition to any supporting documentation required by part 748, you must
also obtain from your consignee an End-Use Certificate for the export
of chemicals controlled for CW reasons by ECCN 1C350 to non-States
Parties (destinations not listed in Supplement No. 2 to part 745 of the
EAR). See Sec. 745.2 of the EAR. In addition to the End-Use
Certificate, you may still be required to obtain a Statement by
Ultimate Consignee and Purchaser (Form BIS-711P) as support
documentation. Consult Sec. Sec. 748.9 and 748.11 of the EAR.
* * * * *
PART 770--[AMENDED]
0
7. The authority citation for 15 CFR part 770 is revised to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
7, 2003, 68 FR 47833, 3 CFR, 2003 Comp., p. 328.
0
8. In Sec. 770.2, remove and reserve paragraphs (k)(20), (24), (28),
(29), (30), and (31).
SUPPLEMENT NO. 1 TO PART 774--[AMENDED]
0
9. The authority citation for 15 CFR part 774 is revised to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C.
287c, 22 U.S.C. 3201 et seq., 22 U.S.C. 6004; 30 U.S.C. 185(s),
185(u); 42 U.S.C. 2139a; 42
[[Page 42866]]
U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5;
Sec. 901-911, Pub. L. 106-387; Sec. 221, Pub. L. 107-56; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3
CFR, 2001 Comp., p. 783; Notice of August 7, 2003, 68 FR 47833, 3
CFR, 2003 Comp., p. 328.
0
10. In supplement No. 1 to part 774, Category 1--Materials, Chemicals,
``Microorganisms,'' and Toxins--Export Control Classification Number
1A984, revise the heading to read as follows:
1A984 Chemical agents, including tear gas formulation containing 1
percent or less of orthochlorobenzalmalononitrile (CS), or 1 percent or
less of chloroacetophenone (CN) except in individual containers with a
net weight of 20 grams or less; liquid pepper except when packaged in
individual containers with a net weight of 3 ounces (85.05 grams) or
less; smoke bombs; non-irritant smoke flares, canisters, grenades and
charges; and other pyrotechnic articles having dual military and
commercial use.
* * * * *
0
11. In supplement No. 1 to part 774, Category 1--Materials, Chemicals,
``Microorganisms,'' and Toxins--Export Control Classification Number
1C018, revise the heading, Reason for Control paragraph in the License
Requirements section and the Related Controls, Related Definitions, and
Items paragraphs in the List of Items Controlled section to read as
follows:
1C018 Commercial charges and devices containing energetic materials on
the International Munitions List and certain chemicals as follows (see
List of Items Controlled).
License Requirements
Reason for Control: NS, MT, AT, UN
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
NS applies to entire entry except as noted NS column 1.
in 1C018.m.
MT applies to 1C018.m except as noted MT Column 1.
therein.
AT applies to entire entry................ AT Column 1.
UN applies to entire entry................ Rwanda.
------------------------------------------------------------------------
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: (1) Explosive devices or charges in paragraphs .a
through .k of this entry that utilize USML controlled energetic
materials (See 22 CFR 121.1 Category V) are subject to the licensing
authority of the U.S. Department of State, Directorate of Defense Trade
Controls if they have been specifically designed, developed,
configured, adapted, or modified for a military application. (2) With
the exception of slurries, cutters and severing tools, if the USML
controlled materials utilized in devices and charges controlled by
paragraphs .a through .k of this entry can be easily extracted without
destroying the device or charge, then they are subject to the export
licensing authority of the U.S. Department of State, Directorate of
Defense Trade Controls. (3) Commercial prefabricated slurries and
emulsions containing greater than 35% of USML controlled energetic
materials are subject to the export licensing authority of the U.S.
Department of State, Directorate of Defense Trade Controls. (4) The
individual USML controlled energetic materials in paragraphs .a through
.k of this entry, even when compounded with other materials, remain
subject to the export licensing authority of the Department of State
when not incorporated into explosive devices or charges controlled by
this entry or 1C992. (5) The chemicals in paragraphs .l and .m of this
entry, when incorporated into items listed on the United States
Munitions List, become subject to the licensing jurisdiction of the
U.S. Department of State, Directorate of Defense Trade Controls (6) See
also ECCNs 1C011, 1C111, and 1C239 for additional controlled energetic
materials. (7) See ECCN 1C238 for additional controls on chlorine
trifluoride (ClF3).
Related Definitions: (1) For purposes of this entry, the term
``controlled materials'' means controlled energetic materials (see
ECCNs 1C011, 1C111, 1C239 and 22 CFR 121.1 Category V). (2) For
purposes of this entry, the mass of aluminum powder, potassium
perchlorate, and any of the substances listed in the note to the USML
(see 22 CFR 121.1 Category V) (such as ammonium pictrate, black powder,
etc.) contained in commercial explosive devices and in the charges are
omitted when determining the total mass of controlled material.
Items:
a. Shaped charges specially designed for oil well operations,
utilizing one charge functioning along a single axis, that upon
detonation produce a hole; and
a.1. Contain any controlled materials;
a.2. Have a uniform shaped conical liner with an included angle of
90 degrees or less;
a.3. Have more than 0.090 kg but not more that 2.0 kg of controlled
materials; and
a.4. Have a diameter not exceeding 4.5 inches.
b. Detonating cord or shock tubes containing greater than 0.064 kg
per meter (300 grains per foot), but not more than 0.1 kg per meter
(470 grains per foot) of controlled materials;
c. Cartridge power devices containing greater than 0.70 kg, but not
more than 1.0 kg of controlled materials;
d. Detonators (electric or nonelectric) and assemblies thereof
containing greater than 0.01 kg, but not more than 0.1 kg of controlled
materials;
e. Igniters containing greater than 0.01 kg, but not more than 0.1
kg of controlled materials;
f. Oil well cartridges containing greater than 0.015 kg, but not
more than 0.1 kg of controlled materials;
g. Commercial cast or pressed boosters containing greater than 1.0
kg, but not more than 5.0 kg of controlled materials;
h. Commercial prefabricated slurries and emulsions containing
greater than 10 kg and less than or equal to thirty-five percent by
weight of USML controlled materials;
i. Cutters and severing tools containing greater than 3.5 kg, but
not more than 10 kg of controlled materials;
j. Pyrotechnic devices when designed exclusively for commercial
purposes (e.g., theatrical stages, motion picture special effects, and
fireworks displays), and containing greater than 3.0 kg, but not more
than 5.0 kg of controlled materials;
k. Other commercial explosive devices and charges, not controlled
by 1C018.a through g above, when used for commercial applications and
containing greater than 1.0 kg but not more than 5.0 kg of controlled
materials;
l. Propyleneimine (2-methylaziridine) (CAS 75-55-8); or
m. Any oxidizer or mixture thereof that is a compound composed of
fluorine and one or more of the following--other halogens, oxygen, or
nitrogen.
Note: Nitrogen trifluoride (NF3) in a gaseous state is
controlled by ECCN 1C992 and not by 1C018.
Note: National security is not a reason for control for chlorine
trifluoride.
Note: If a chemical in paragraphs .1 or .m of 1C018 is incorporated
into a commercial charge or device described in paragraphs .a through
.k of ECCN 1C018 or in 1C992, the classification of the commercial
charge or device applies to the item.
0
12. In supplement No. 1 to part 774, Category 1--Materials, Chemicals,
``Microorganisms,'' and Toxins, Export Control Classification Number
1C111
[[Page 42867]]
revise the Related Controls paragraph in the List of Items Controlled
section to read as follows:
1C111 Propellants and constituent chemicals for propellants, other than
those specified in 1C011, as follows (see List of Items Controlled)
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: (1) Butacene as defined by 1C111.c.1 is subject
to the export licensing authority of the U.S. Department of State,
Office of Defense Trade Controls (See 22 CFR 121.12 (b)(6), other
ferrocene derivatives). (2) See 1C018 for controls on oxidizers that
are composed of fluorine and one or more of the following--other
halogens, oxygen, or nitrogen.
Related Definitions: * * *
Items: * * *
0
13. In supplement No. 1 to part 774, Category 1--Materials, Chemicals,
``Microorganisms'' and Toxins--Export Control Classification Number
1C238, Chlorine trifluoride, revise the Related Controls paragraph of
the List of Items controlled section to read as follows:
1C238 Chlorine trifluoride (ClF3)
* * * * *
List of Items Controlled
Unit * * *
Related Controls: See ECCNs 1E001 (``development'' and
``production'') and 1E201 (``use'') for technology for items controlled
by this entry. See 1C018 for additional controls on Chlorine
trifluoride (ClF3).
* * * * *
0
14. In supplement No. 1 to part 774, Category 1--Materials, Chemicals,
``Microorganisms,'' and Toxins--Export Control Classification Number
1C350, revise the License Requirements section and the Related Controls
and Items paragraphs of the List of Items Controlled Section to read as
follows:
1C350 Chemicals that may be used as precursors for toxic chemical
agents
License Requirements
Reason for Control: CB, CW, AT
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
CB applies to entire entry................ CB Column 2.
------------------------------------------------------------------------
CW applies to 1C350 .b and .c. The Commerce Country Chart is not
designed to determine licensing requirements for items controlled for
CW reasons. A license is required, for CW reasons, to export or
reexport Schedule 2 chemicals and mixtures identified in 1C350.b to
States not Party to the CWC (destinations not listed in Supplement No.
2 to part 745 of the EAR). A license is required, for CW reasons, to
export Schedule 3 chemicals and mixtures identified in 1C350.c to
States not Party to the CWC, unless an End-Use Certificate issued by
the government of the importing country has been obtained by the
exporter prior to export. A license is required, for CW reasons, to
reexport Schedule 3 chemicals and mixtures identified in 1C350.c from a
State not Party to the CWC to any other State not Party to the CWC.
(See Sec. 742.18 of the EAR for license requirements and policies for
toxic and precursor chemicals controlled for CW reasons. See Sec.
745.2 of the EAR for End-Use Certificate requirements that apply to
exports of Schedule 3 chemicals to countries not listed in Supplement
No. 2 to part 745 of the EAR.)
AT applies to entire entry. The Commerce Country Chart is not
designed to determine licensing requirements for items controlled for
AT reasons in 1C350. A license is required, for AT reasons, to export
or reexport items controlled by 1C350 to Cuba, Iran, Iraq, Libya, North
Korea, Sudan, and Syria. (See part 742 of the EAR for additional
information on the AT controls that apply to Iran, North Korea, Sudan,
and Libya. See part 746 of the EAR for additional information on the
comprehensive trade sanctions that apply to Cuba, Iran, and Iraq. (See
Supplement No. 1 to part 736 of the EAR for export controls on Syria.)
License Requirement Notes:
1. SAMPLE SHIPMENTS: Subject to the following requirements and
restrictions, a license is not required for sample shipments when the
cumulative total of these shipments does not exceed a 55-gallon
container or 200 kg of a single chemical to any one consignee during a
calendar year. A consignee that receives a sample shipment under this
exclusion may not resell, transfer, or reexport the sample shipment,
but may use the sample shipment for any other legal purpose unrelated
to chemical weapons.
a. Chemicals Not Eligible:
A. [RESERVED]
B. CWC Schedule 2 chemicals (States not Party to the CWC). No CWC
Schedule 2 chemical or mixture identified in 1C350.b is eligible for
sample shipment to States not Party to the CWC (destinations not listed
in Supplement No. 2 to part 745 of the EAR) without a license.
b. Countries Not Eligible: The following countries are not eligible
to receive sample shipments of any chemicals controlled by this ECCN
without a license: Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria.
c. Sample shipments that require an End-Use Certificate for CW
reasons: No CWC Schedule 3 chemical or mixture identified in 1C350.c is
eligible for sample shipment to States not Party to the CWC
(destinations not listed in Supplement No. 2 to part 745 of the EAR)
without a license, unless an End-Use Certificate issued by the
government of the importing country is obtained by the exporter prior
to export (see Sec. 745.2 of the EAR for End-Use Certificate
requirements).
d. Sample shipments that require a license for reasons set forth
elsewhere in the EAR: Sample shipments, as described in this Note 1,
may require a license for reasons set forth elsewhere in the EAR. See,
in particular, the end-use/end-user restrictions in part 744 of the
EAR, and the restrictions that apply to embargoed countries in part 746
of the EAR.
e. Quarterly report requirement. The exporter is required to submit
a quarterly written report for shipments of samples made under this
Note 1. The report must be on company letterhead stationery (titled
``Report of Sample Shipments of Chemical Precursors'' at the top of the
first page) and identify the chemical(s), Chemical Abstract Service
Registry (C.A.S.) number(s), quantity(ies), the ultimate consignee's
name and address, and the date exported. The report must be sent to the
U.S. Department of Commerce, Bureau of Industry and Security, P.O. Box
273, Washington, DC 20044, Attn: ``Report of Sample Shipments of
Chemical Precursors''.
2. MIXTURES:
a. Mixtures that contain precursor chemicals identified in ECCN
1C350, in concentrations that are below the levels indicated in 1C350.b
through .d, are controlled by ECCN 1C395 or 1C995 and are subject to
the licensing requirements specified in those ECCNs.
b. A license is not required for mixtures controlled under this
ECCN when the controlled chemical in the mixture is a normal ingredient
in consumer goods packaged for retail sale for personal use. Such
consumer goods are classified as EAR99.
Note to Mixtures: Calculation of concentrations of AG-controlled
chemicals:
a. Exclusion. No chemical may be added to the mixture (solution)
for the sole purpose of circumventing the Export Administration
Regulations;
b. Percent Weight Calculation. When calculating the percentage, by
weight, of
[[Page 42868]]
components in a chemical mixture, include all components of the
mixture, including those that act as solvents.
3. COMPOUNDS. Compounds created with any chemicals identified in
this ECCN 1C350 may be shipped NLR (No License Required), without
obtaining an End-Use Certificate, unless those compounds are also
identified in this entry or require a license for reasons set forth
elsewhere in the EAR.
4. TESTING KITS: Certain medical, analytical, diagnostic, and food
testing kits containing small quantities of chemicals identified in
this ECCN 1C350, are excluded from the scope of this ECCN and are
controlled under ECCN 1C395 or 1C995. (Note that replacement reagents
for such kits are controlled by this ECCN 1C350 if the reagents contain
one or more of the precursor chemicals identified in 1C350 in
concentrations equal to or greater than the control levels for mixtures
indicated in 1C350.)
Technical Notes: 1. For purposes of this entry, a ``mixture'' is
defined as a solid, liquid or gaseous product made up of two or more
components that do not react together under normal storage conditions.
2. The scope of this control applicable to Hydrogen Fluoride (see
1C350.d.7 in the List of Items Controlled) includes its liquid,
gaseous, and aqueous phases, and hydrates.
License Exceptions
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: The chemicals 0-Ethyl-2-diisopropylaminoethyl
methyl phosphonite (QL) (C.A.S. 57856-11-8); Ethyl phosphonyl
difluoride (C.A.S. 753-98-0); and Methyl phosphonyl
difluoride.(C.A.S. 676-99-3); methylphosphinyl dichloride
(C.A.S. 676-83-5); methylphosphinyl difluoride (C.A.S. 753-59-
3); and methylphosphonyl dichloride (C.A.S. 676-.97-1) are
subject to the licensing jurisdiction of the Directorate of Defense
Trade Controls, U.S. Department of State.
Related Definitions: * * *
Items:
a. [RESERVED]
b. Australia Group-controlled precursor chemicals also identified
as Schedule 2 chemicals under the CWC, as follows, and mixtures in
which at least one of the following chemicals constitutes 30 percent or
more of the weight of the mixture:
b.1. (C.A.S. 7784-34-1) Arsenic trichloride;
b.2. (C.A.S. 76-93-7) Benzilic acid;
b.3. (C.A.S. 78-38-6) Diethyl ethylphosphonate;
b.4. (C.A.S. 15715-41-0) Diethyl methylphosphonite;
b.5. (C.A.S.2404-03-7) Diethyl-N,N-
dimethylphosphoroamidate;
b.6. (C.A.S. 5842-07-9) N,N-Diisopropyl-beta-aminoethane
thiol;
b.7. (C.A.S. 4261-68-1) N,N-Diisopropyl-beta-aminoethyl
chloride hydrochloride;
b.8. (C.A.S. 96-80-0) N,N-Diisopropyl-beta-aminoethanol;
b.9. (C.A.S. 96-79-7), N,N-Diisopropyl-beta-aminoethyl
chloride;
b.10. (C.A.S. 6163-75-3) Dimethyl ethylphosphonate;
b.11. (C.A.S. 756-79-6) Dimethyl methylphosphonate;
b.12. (C.A.S. 1498-40-4) Ethyl phosphonous dichloride
[Ethyl phosphinyl dichloride];
b.13. (C.A.S. 430-78-4) Ethyl phosphonus difluoride [Ethyl
phosphinyl difluoride];
b.14. (C.A.S. 1066-50-8) Ethyl phosphonyl dichloride;
b.15. [RESERVED]
b.16. [RESERVED]
b.17. [RESERVED]
b.18. (C.A.S. 464-07-3) Pinacolyl alcohol;
b.19. (C.A.S. 1619-34-7) 3-Quinuclidinol;
b.20. (C.A.S. 111-48-8) Thiodiglycol.
c. Australia Group-controlled precursor chemicals also identified
as Schedule 3 chemicals under the CWC, as follows, and mixtures in
which at least one of the following chemicals constitutes 30 percent or
more of the weight of the mixture:
c.1. (C.A.S. 762-04-9) Diethyl phosphite;
c.2. (C.A.S. 868-85-9) Dimethyl phosphite (dimethyl
hydrogen phosphite);
c.3. (C.A.S. 10025-87-3) Phosphorus oxychloride;
c.4. (C.A.S. 10026-13-8) Phosphorus pentachloride;
c.5. (C.A.S. 7719-12-2) Phosphorus trichloride;
c.6. (C.A.S. 10025-67-9) Sulfur monochloride;
c.7. (C.A.S. 10545-99-0) Sulfur dichloride;
c.8. (C.A.S. 7719-09-7) Thionyl chloride;
c.9. (C.A.S. 102-71-6) Triethanolamine;
c.10. (C.A.S. 122-52-1) Triethyl phosphite;
c.11. (C.A.S. 121-45-9) Trimethyl phosphite.
d. Other Australia Group-controlled precursor chemicals not also
identified as Schedule 1, 2, or 3 chemicals under the CWC, as follows,
and mixtures in which at least one of the following chemicals
constitutes 30 percent or more of the weight of the mixture:
d.1. (C.A.S. 1341-49-7) Ammonium hydrogen fluoride;
d.2. (C.A.S. 107-07-3) 2-Chloroethanol;
d.3. (C.A.S. 100-37-8) N,N-Diethylaminoethanol;
d.4. (C.A.S. 108-18-9) Di-isopropylamine;
d.5. (C.A.S. 124-40-3) Dimethylamine;
d.6. (C.A.S. 506-59-2) Dimethylamine hydrochloride;
d.7. (C.A.S. 7664-39-3) Hydrogen fluoride;
d.8. (C.A.S. 3554-74-3) 3-Hydroxyl-1-methylpiperidine;
d.9. (C.A.S. 76-89-1) Methyl benzilate;
d.10. (C.A.S. 1314-80-3) Phosphorus pentasulfide;
d.11. (C.A.S. 75-97-8) Pinacolone;
d.12. (C.A.S. 151-50-8) Potassium cyanide;
d.13. (C.A.S. 7789-23-3) Potassium fluoride;
d.14. (C.A.S. 7789-29-9) Potassium bifluoride;
d.15. (C.A.S. 3731-38-2) 3-Quinuclidone;
d.16. (C.A.S. 1333-83-1) Sodium bifluoride;
d.17. (C.A.S. 143-33-9) Sodium cyanide;
d.18. (C.A.S. 7681-49-4) Sodium fluoride;
d.19. (C.A.S. 1313-82-2) Sodium sulfide;
d.20. (C.A.S. 637-39-8) Triethanolamine hydrochloride;
0
15. In supplement No. 1 to part 774, Category 1--Materials, Chemicals,
``Microorganisms,'' and Toxins--Export Control Classification Number
1C355 revise the Related Controls and Items paragraphs of the List of
Items Controlled section to read as follows:
1C355 Chemical Weapons Convention (CWC) Schedule 2 and 3 chemicals and
families of chemicals not controlled by ECCN 1C350 or by the Department
of State under the ITAR
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: See also ECCNs 1C350, 1C351, 1C395, and 1C995.
See Sec. Sec. 742.18 and 745.2 of the EAR for End-Use Certification
requirements.
Related Definitions: * * *
Items:
a. CWC Schedule 2 chemicals and mixtures containing Schedule 2
chemicals:
[[Page 42869]]
a.1. Toxic chemicals, as follows, and mixtures containing toxic
chemicals:
a.1.a. PFIB: 1,1,3,3,3-Pentafluoro-2-(trifluoromethyl)-1-propene
(C.A.S. 382-21-8) and mixtures in which PFIB constitutes more than 1
percent of the weight of the mixture;
a.1.b. [RESERVED]
a.2. Precursor chemicals, as follows, and mixtures in which at
least one of the following precursor chemicals constitutes more than 10
percent of the weight of the mixture:
a.2.a. Chemicals except for those listed in Schedule 1, containing
a phosphorus atom to which is bonded one methyl, ethyl, or propyl
(normal or iso) group but not further carbon atoms.
Note: 1C355.a.2.a does not control Fonofos: O-Ethyl S-phenyl
ethylphosphonothiolothionate (C.A.S. 944-22-9).
a.2.b. FAMILY: N,N-Dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidic
dihalides;
a.2.c. FAMILY: Dialkyl (Me, Et, n-Pr or i-Pr) N,N-dialkyl (Me, Et,
n-Pr, or i-Pr)-phosphoramidates;
a.2.d. FAMILY: N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethyl-2-
chlorides and corresponding protonated salts;
a.2.e. FAMILY: N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-ols
and corresponding protonated salts;
Note: 1C355.a.2.e. does not control N,N-Dimethylaminoethanol and
corresponding protonated salts (C.A.S. 108-01-0) or N,N-
Diethylaminoethanol and corresponding protonated salts (C.A.S. 100-37-
8).
a.2.f. FAMILY: N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-
thiols and corresponding protonated salts.
b. CWC Schedule 3 chemicals and mixtures containing Schedule 3
chemicals:
b.1. Toxic chemicals, as follows, and mixtures in which at least
one of the following toxic chemicals constitutes 30 percent or more of
the weight of the mixture:
b.1.a. Phosgene: Carbonyl dichloride (C.A.S. 75-44-5);
b.1.b. Cyanogen chloride (C.A.S. 506-77-4);
b.1.c. Hydrogen cyanide (C.A.S. 74-90-8);
b.1.d. Chloropicrin: Trichloronitromethane (CAS 76-06-2).
b.2. Precursor chemicals, as follows, and mixtures in which at
least one of the following precursor chemicals constitutes 30 percent
or more of the weight of the mixture:
b.2.a. Ethyldiethanolamine (C.A.S. 139-87-7);
b.2.b. Methyldiethanolamine (C.A.S. 105-59-9).
0
16. In supplement No. 1 to part 774, Category 1--Materials, Chemicals,
``Microorganisms,'' and Toxins--Export Control Classification Number
1C395, revise the Related Controls paragraph in the List of Items
Controlled section is to read as follows:
1C395 Mixtures and medical, analytical, diagnostic, and food testing
kits not controlled by ECCN 1C350, as follows (See List of Items
Controlled)
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: 1. ECCN 1C350 controls mixtures containing 30
percent or higher concentrations, by weight, of any single CWC Schedule
2 chemical identified in ECCN 1C350.b; ECCN 1C995 controls such
mixtures containing concentrations of 10 percent or less. 2. ECCN 1C995
controls ``medical, analytical, diagnostic, and food testing kits'' (as
defined in the Related Definitions paragraph of this ECCN) that contain
precursor chemicals listed in ECCN 1C350.d. ECCN 1C350 controls any
such kits in which the amount of any single chemical listed in 1C350.b,
.c, or .d exceeds 300 grams by weight.
Related Definitions: * * *
Items: * * *
0
17. In supplement No. 1 to part 774, Category 1--Materials, Chemicals,
``Microorganisms,'' and Toxins--Export Control Classification Number
1C992, revise the heading, and the Related Controls and Items
paragraphs of the List of Items Controlled section to read as follows:
1C992 Commercial charges and devices containing energetic materials,
n.e.s and nitrogen trifluoride in a gaseous state
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: (1) Commercial charges and devices containing
USML controlled energetic materials that exceed the quantities noted or
that are not covered by this entry are controlled under 1C018. (2)
Nitrogen trifluoride when not in a gaseous state is controlled under
1C018.
Related Definitions: * * *
Items:
a. Shaped charges specially designed for oil well operations,
utilizing one charge functioning along a single axis, that upon
detonation produce a hole, and
a.1. Contain any formulation of controlled materials;
a.2. Have only a uniform shaped conical liner with an included
angle of 90 degrees or less;
a.3. Contain more than 0.010 kg but less than or equal to 0.090 kg
of controlled materials; and
a.4. Have a diameter not exceeding 4.5 inches;
b. Shaped charges specially designed for oil well operations
containing less than or equal to 0.010 kg of controlled materials;
c. Detonation cord or shock tubes containing less than or equal to
0.064 kg per meter (300 grains per foot) of controlled materials;
d. Cartridge power devices, that contain less than or equal to 0.70
kg of controlled materials in the deflagration material;
e. Detonators (electric or nonelectric) and assemblies thereof,
that contain less than or equal to 0.01 kg of controlled materials;
f. Igniters, that contain less than or equal to 0.01 kg of
controlled materials;
g. Oil well cartridges, that contain less than or equal to 0.015 kg
of controlled energetic materials;
h. Commercial cast or pressed boosters containing less than or
equal to 1.0 kg of controlled materials;
i. Commercial prefabricated slurries and emulsions containing less
than or equal to 10.0 kg and less than or equal to thirty-five percent
by weight of USML controlled materials;
j. Cutters and severing tools containing less than or equal to 3.5
kg of controlled materials;
k. Pyrotechnic devices when designed exclusively for commercial
purposes (e.g., theatrical stages, motion picture special effects, and
fireworks displays) and containing less than or equal to 3.0 kg of
controlled materials; or
l. Other commercial explosive devices and charges not controlled by
1C992.a through .k containing less than or equal to 1.0 kg of
controlled materials.
Note: 1C992.l includes automotive safety devices; extinguishing
systems; cartridges for riveting guns; explosive charges for
agricultural, oil and gas operations, sporting goods, commercial
mining, or public works purposes; and delay tubes used in the assembly
of commercial explosive devices.
m. Nitrogen trifluoride (NF3) in a gaseous state.
0
18. In supplement No. 1 to part 774, Category 1--Materials, Chemicals,
``Microorganisms,'' and Toxins--Export Control Classification Number
1C995, revise the Related Controls paragraph of the List of Items
Controlled section to read as follows:
[[Page 42870]]
1C995 Mixtures not controlled by ECCN 1C350, ECCN 1C355 or ECCN 1C395
that contain chemicals controlled by ECCN 1C350 or ECCN 1C355 and
medical, analytical, diagnostic, and food testing kits not controlled
by ECCN 1C350 or ECCN 1C395 that contain chemicals controlled by ECCN
1C350.d, as follows (see List of Items Controlled).
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: 1. ECCN 1C350 controls mixtures containing 30
percent or higher concentrations of any single CWC Schedule 2 chemical
identified in ECCN 1C350.b. ECCN 1C395 controls mixtures containing
concentrations of more than 10 percent, but less than 30 percent, of
any single CWC Schedule 2 chemical identified in ECCN 1C350.b. 2. ECCN
1C350 controls mixtures containing chemicals identified in ECCN 1C350.c
or .d that exceed the concentration levels indicated in 1C995.a.2. 3.
ECCN 1C355 controls mixtures containing chemicals identified in ECCN
1C355 that exceed the concentration levels indicated in 1C995.b. 4.
ECCN 1C395 controls ``medical, analytical, diagnostic, and food testing
kits'' (as defined in the Related Controls paragraph of this ECCN) that
contain CWC Schedule 2 or 3 chemicals listed in 1C350.b or .c. ECCN
1C350 controls any such testing kits in which the amount of any single
chemical listed in 1C350.b, .c., or .d exceeds 300 grams by weight.
Related Definitions: * * *
Items: * * *
Dated: July 12, 2004.
Peter Lichtenbaum,
Assistant Secretary for Export Administration.
[FR Doc. 04-16351 Filed 7-16-04; 8:45 am]
BILLING CODE 3510-33-P