[Code of Federal Regulations] [Title 15, Volume 2] [Revised as of January 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 15CFR748.3] [Page 361-362] TITLE 15--COMMERCE AND FOREIGN TRADE CHAPTER VII--BUREAU OF EXPORT ADMINISTRATION, DEPARTMENT OF COMMERCE PART 748--APPLICATIONS (CLASSIFICATION, ADVISORY, AND LICENSE) AND DOCUMENTATION--Table of Contents Sec. 748.3 Classification and Advisory Opinions. (a) Introduction. In light of your responsibility to classify your item, you may ask BXA to provide you with the correct Export Control Classification Number (ECCN) to the paragraph (or subparagraph if appropriate). BXA will advise you whether or not your item is subject to the EAR and, if applicable, the appropriate ECCN. This type of request is commonly referred to as a ``Classification Request''. If requested, for a given end-use, end-user, and/or destination, BXA will advise you whether a license is required, or likely to be granted, for a particular transaction. Note that these responses do [[Page 362]] not bind BXA to issuing a license in the future. This type of request, along with requests for guidance regarding other interpretations of the EAR are commonly referred to as ``Advisory Opinions''. (b) Classification requests. You must submit your Classification Request using Form BXA-748P or its electronic equivalent. See the instructions contained in Supplement No. 1 to part 748 to complete the Blocks identified for this type of request. Classification Requests must be sent to BXA at one of the addresses listed in Sec. 748.2(c) of this part or submitted electronically. Be certain that your request is complete and does not omit any essential information. (1) Each Classification Request must be limited to six items. Exceptions may be granted by BXA on a case-by-case basis for several related items if the relationship between the items is satisfactorily substantiated in the request. Classification requests must be supported by any descriptive literature, brochures, precise technical specifications or papers that describe the items in sufficient technical detail to enable classification by BXA. (2) When submitting a Classification Request, you must complete Blocks 1 through 5, 14, 22 (a), (b), (c), (d), and (i), 24, and 25 on Form BXA-748P. You must provide a recommended classification in Block 22(a) and explain the basis for your recommendation based on the technical parameters specified in the appropriate ECCN in Block 24. If you are unable to determine a recommended classification for your item, include an explanation in Block 24, identifying the ambiguities or deficiencies that precluded you from making a recommended classification. (3) Classification requests for a Department of Commerce review of encryption software transferred from the U.S. Munitions List consistent with Executive Order 13026 of November 15, 1996 (3 CFR, 1996 Comp., p. 228) and pursuant to the Presidential Memorandum of that date are required prior to export to determine eligibility for release from EI controls. Exporters may self-classify 5A992, 5D992 or 5E992 items after submitting to BXA and the ENC Encryption Request Coordinator by the time of export the information described in paragraphs 1-5 of Supplement 6 to Part 742 of the EAR. Refer to Sec. 742.15(b) and Supplement No. 6 to Part 742 of the EAR for instructions on submitting such requests for mass market encryption software. (c) Advisory Opinions. Advisory Opinions must be submitted in writing to the address listed in Sec. 748.2(c) of the EAR. Both your letter and envelope must be marked ``Advisory Opinion.'' (1) Your letter must contain the following information if you are requesting guidance regarding interpretations of the EAR: (i) The name, title, and telephone and facsimile numbers of the person to contact, (ii) Your complete address comprised of street address, city, state, country, and postal code; and (2) If you are requesting BXA to determine whether a license is required, or the licensing policy related to a particular end-use, end- user, and/or destination, in addition to the information required in Sec. 748.3(c)(1) you must also include: (i) All available information on the parties to the transaction and the proposed end-use or end-user, (ii) The model number for each item, where appropriate, (iii) The Export Control Classification Number, if known, for each item; and (iv) Any descriptive literature, brochures, technical specifications or papers that describe the items in sufficient technical detail to enable BXA to verify the correct classification. [61 FR 12812, Mar. 25, 1996, as amended at 61 FR 68585, Dec. 30, 1996; 62 FR 25461, May 9, 1997; 65 FR 62609, Oct. 19, 2000]