[Code of Federal Regulations]
[Title 15, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR748.3]

[Page 368-369]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE
 
PART 748_APPLICATIONS (CLASSIFICATION, ADVISORY, AND LICENSE) AND DOCUMENTATION--Table of Contents
 
Sec.  748.3  Classification requests, advisory opinions, and encryption 
review requests.

    (a) Introduction. In light of your responsibility to classify your 
item, you may ask BIS to provide you with the correct Export Control 
Classification Number (ECCN) to the paragraph (or subparagraph if 
appropriate). BIS 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, BIS will advise you 
whether a license is required, or likely to be granted, for a particular 
transaction. Note that these responses do not bind BIS 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''. The encryption requirements in the 
EAR require that certain encryption items be reviewed by BIS in order 
for them to be eligible for export or reexport under License Exception 
ENC (see Sec.  740.17 of the EAR) or to be released from ``EI'' controls 
(see Sec.  742.15(b)(2) of the EAR). BIS makes its determination based 
on the submission of a review request prepared in accordance with the 
instructions in Supplement No. 6 to Part 742 of the EAR. A review of the 
questions provided in Supplement No. 5 to part 742 of the EAR may assist 
in determining whether you must submit an encryption review request (see 
paragraph (d) of this section) for your particular item.
    (b) Classification requests. You must submit your Classification 
Request using Form BIS-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 BIS 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 BIS 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 BIS.
    (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 BIS-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.
    (c) Advisory Opinions. Advisory Opinions must be submitted in 
writing to the address listed in Sec.  748.2(c) of the

[[Page 369]]

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 BIS 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 BIS to verify the correct classification.
    (d) Review requests for encryption items. A Department of Commerce 
review of encryption items 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 
may be required to determine eligibility under License Exception ENC or 
for release from ``EI'' controls. Refer to Supplement No. 5 to part 742 
of the EAR for questions that provide initial guidance in determining 
whether you must submit an encryption review request for your item. 
Refer to Supplement No. 6 to part 742 of the EAR for a complete list of 
technical information that is required for encryption review requests. 
Refer also to Sec.  742.15(b) of the EAR for instructions regarding mass 
market encryption commodities and software. Refer to Sec.  740.17 of the 
EAR for the provisions of License Exception ENC.

[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; 67 FR 38868, June 
6, 2002; 68 FR 35785, June 17, 2003]