Commodity Jurisdiction (CJ) in the United States

The purpose of a commodity jurisdiction (request is to determine whether an item or service is covered by the U.S. Munitions List (USML) and therefore subject to export controls administered by the U.S. Department of State pursuant to the Arms Export Control Act and the International Traffic in Arms Regulations (ITAR). If after reviewing the USML and other relevant parts of the International Traffic in Arms Regulations, in particular ITAR §120.3 and §120.4, you are unsure of the export jurisdiction of an item or service, you should request a commodity jurisdiction determination.

The various sections of the United States Code (U.S. Code) that constitute the Arms Export Control Act can be accessed via this web site: United States Code, Title 22 – Foreign Relations, Chapter 39 – Arms Export Control.

Commodity jurisdiction procedure

Licensing Jurisdiction

Is my item controlled on the U.S. Munitions List (Department of State) or the Commerce Control List (Department of Commerce)?
A: The Directorate of Defense Trade Controls (DDTC) cannot provide a definitive answer without undertaking a Commodity Jurisdiction (CJ) review of your item and making an official CJ determination. However, most manufacturers are able to self-classify their items by reviewing International Traffic in Arms Regulations (ITAR) §120.2, 120.3, and 120.4 (which relate to the CJ process) and ITAR §121.1 (the U.S. Munitions List or USML). It is important to review all of these sections since some items that could be considered civil (e.g., hunting rifles and commercial satellites) are captured on the USML for export purposes. If, after reviewing the pertinent sections of the ITAR, you still are not sure if your item is controlled on the USML, then submit a CJ request. Guidelines for submitting the CJ request can be found online at http://pmddtc.state.gov/commodity_jurisdiction/index.html.

Registration Requirements: Does our company need to register prior to the submission of a CJ request?

A: Registration with DDTC is NOT required prior to submission of a CJ request.

Person Submitting CJ: Who can submit a CJ request?

A: We prefer that the manufacturer submit the request because of the background and sales information required. However, a designated representative may submit a CJ request on the manufacturer’s behalf. In such cases, the CJ request package must include a letter of authorization from the manufacturer on company letterhead signed by a company official, a mailing address, and phone number.

Reconsideration of USML Item: I believe the jurisdiction for my product has changed. Can I use the CJ process to potentially move it to the Commerce list?

A: A CJ request may be used for consideration of the re-designation of an item or service currently covered by the USML, which could result in the item or service being moved to the licensing jurisdiction of the Department of Commerce.

CJ-Determined Article That Has Transitioned to the EAR

We have a Commodity Jurisdiction (CJ) determination issued prior to the effective date of the relevant category’s revision, pursuant to Export Control Reform (ECR). The original determination was that our product is subject to the International Traffic in Arms Regulations (ITAR). The product is clearly no longer controlled on the revised USML category and is clearly not controlled by any other USML category. May we, under the Order of Review, make a self-determination that the product is no longer subject to the ITAR without submitting a new CJ request to reverse the previous CJ determination?
A: Yes. A CJ determination that an item is subject to the USML is automatically superseded by amendments to the relevant USML categories that no longer include the item within their scope. 78 Fed. Reg. 22740, 22750 (Apr. 16, 2013). Thus, there is no need to submit a CJ request to confirm that an item no longer within the scope of a USML category is no longer subject to the ITAR — even if DDTC had previously issued a CJ determination that the item was subject to the ITAR prior to an amendment of the USML category at issue. To ensure compliance with U.S. export control rules with respect to a product, one must make a self-determination regarding its correct jurisdictional and classification status before exporting or reexporting it. If there is doubt about whether the product is within the scope of a USML category, one may seek a CJ determination from DDTC under the established procedures.

Licensing Requirements

Can I export my item during the CJ review process?
A: A response from DDTC to a CJ request determines the proper licensing authority for an item or service. It is not a license or approval to export. If you want to export your item or perform service while the CJ determination is in the review process, you must be registered and obtain the appropriate approval from DDTC prior to export. Please check the DDTC website for information on registration and licensing.

Classified Information

If my item contains classified information, may I use the CJ process?
A: Classified information must not be included, or referred to, in the form or attachments thereto. For issues that may pertain to classified information, contact the DDTC Response Team.

Submitting Request for Similar or Like Items

I have several items that are very similar. May I submit one CJ covering those items, or a catalog of like items?
A: The CJ form addresses single items, not a group, family or catalog of items.

Selling Civil Item to Foreign Military

I am selling my civil item to a foreign military. Does this make it USML and do I need an export license from State?
A: You do not need an export license from DDTC if your item is not controlled on the USML. That remains true even if you are selling the item to a foreign military. The end-user does not determine export jurisdiction.

Timeline for CJ Completion

How long does it take to get a CJ determination?
A: It varies depending on the complexity of the request and the recommendations of the reviewing agencies. Our goal is to complete CJ requests in 60 days. However, timelines have been significantly reduced in part due to the introduction of electronic submission capability.

L-100/C-130 Spares Parts Jurisdiction

Has there been a change regarding export jurisdiction for L-100/C-130 spare parts?
A: Please go to http://pmddtc.state.gov/licensing/aircraft_parts.html for an announcement on this subject. Included on this page is the relevant Federal Register notice and common Q’s and A’s on the topic.

Uploading Supplemental Documents to the DS-4076 Submission Package

Do I upload supporting documents and other attachments onto the DS-4076 form the same way as done with a DSP form for DTrade?
A: No, supporting documents are not uploaded into the D-4076 like what is done for a DTrade export license application. Each attachment is a separate document that will be uploaded with the DS-4076 into a submission package. All additional documentation file formats must be in the following types: BMP, CSV, GIF, JPEG, JPG, PDF, PNG, RTF, TIF, TXT and XML.

CJ-Determined EAR Item Whose “Related” USML Category Has Been Revised

We have a Commodity Jurisdiction (CJ) determination that our product was not subject to the International Traffic in Arms Regulations (ITAR) and was thus subject to the EAR. The USML category related to the product has been revised pursuant to Export Control Reform. Is the CJ determination still valid?
A: Yes. CJ determinations that an item was not subject on the ITAR remain valid. 78 Fed. Reg. 22740, 22750 (Apr. 16, 2013). Such determinations are limited in scope to the specific item or items at issue in the request.

CJ as a Prerequisite to a CCATS

I am certain that my product is not subject to the ITAR because it is clearly not within the scope of any USML categories. I am, however, uncertain about which ECCN in the EAR”s CCL would apply to my product. Do I need to submit a CJ request to DDTC to get a determination that the product is not subject to the ITAR before I submit a classification request (a CCATS) to BIS asking for a determination regarding which ECCN applies to my product?
A: No. As described above, one may make jurisdictional and classification self-determinations. If there is doubt about the classification status (i.e., where it is controlled on the CCL) of an item that is clearly not within the scope of the USML, then one does not need to submit a CJ request to DDTC before submitting a classification request (a CCATS) to BIS.

CCATS as a Prerequisite to a BIS License

For items that were once subject to the ITAR but that are now no longer within the scope of a USML category, do we need to submit a formal classification request to the Bureau of Industry and Security (BIS) in order to determine how the item is controlled under the EAR or before submitting a license application to BIS for the item?
A: No. To ensure compliance with the EAR, one must determine whether or where an item subject to the EAR is controlled on the EAR’s Commerce Control List (CCL) before exporting or reexporting it. Such determinations are among the first steps in determining whether a license is required from BIS to export or reexport the item. With few exceptions, military items that were formerly subject to the ITAR will be within the scope of one of the CCL’s corresponding “600 series” ECCNs. For example, military aircraft parts and components that were once within the scope of USML VIII(h) but that are no longer within the scope of that category or any other USML category are generally now within the scope of ECCN 9A610.x. With few exceptions, satellite-related items no longer subject to the ITAR will be within the scope of the 9×515 or 9×004 ECCNs. One may make classification determinations or decide to submit a license application to BIS without needing to submit a classification request to BIS first. If there is doubt about where or whether the item falls within the scope of one of the EAR’s ECCNs, one may seek a formal classification determination (CCATS) from BIS under established procedures.

Self-Determination Without a CJ

DDTC wrote in its April 16, 2013, Federal Register Notice (78 Fed. Reg. 22740, 22750) that “[p]arties making a classification determination or submitting a CCATS are advised that only a CJ determination provides an official and exclusive decision on whether an item is a defense article on the USML.” Does this mean that I am not permitted to determine for myself without receiving a CJ determination that a product is or is not subject to the ITAR?
A: No. In order to ensure compliance with the ITAR and the EAR, exporters must make jurisdictional and classification determinations before exporting or reexporting. If there is doubt about whether an item is subject to the ITAR, DDTC has established procedures for processing and issuing a formal determination (CJ determinations) regarding the item’s jurisdiction, i.e., whether or not it is within the scope of a USML category. If there is no doubt that an item is not subject to the ITAR, but there is doubt about whether or where the item is within the scope of one of the EAR’s ECCNs, BIS has established procedures for processing and issuing formal determinations (CCATS) regarding the item’s classification status on the EAR’s CCL. The purpose of the referenced sentence is to emphasize that the only official jurisdictional determinations (i.e., whether or not an item is subject to the ITAR) are those issued by DDTC and thus, classification determinations issued by BIS are not jurisdictional determinations. Rather, they are determinations regarding whether or how items not subject to the ITAR are controlled on the EAR’s CCL. See 15 C.F.R. § 748.3. DDTC inserted this sentence into the notice because it appeared to DDTC and BIS from their review of the public comments at issue that some were of the erroneous opinion that a classification determination issued by BIS constituted a binding determination by the U.S. Government that the item at issue was not subject to the ITAR.

CJs Versus General Correspondences

I am certain that my product is subject to the ITAR but I am uncertain about which specific USML category paragraph applies to it. Should I submit a commodity jurisdiction request or a general correspondence to get an official resolution of such issues?
A: Commodity Jurisdiction request.

Submitting Supplemental Information

I have some additional information that may be helpful as a supplement to a CJ already submitted. The CJ was submitted electronically through EFS on the DDTC web portal. Is there a way to add to the supplements of an electronic CJ without retracting the CJ and starting over? Can I provide it directly to the agency that requested the information?
A: At this time, supplemental information in support of an electronically submitted CJ cannot be uploaded electronically. There are two methods for providing additional information. I. The information can be sent via open e-mail to DDTCResponseTeam@state.gov. Include in the Subject line the CJ case number. In the body of the e-mail indicate the DS-4076 Block number to which the information corresponds, and reason/s for supplemental submission such as another USG agency requested the information.
II. If the information includes proprietary information that you would prefer not to send via open e-mail, the information must be delivered to DDTC Policy as a PDF on a CD, properly marked to include CJ case number, CJ Block number to which the information corresponds, and reason/s for supplemental submission such as another USG agency requested the information. The proper address is the Directorate of Defense Trade Controls, U.S. Department of State, Washington, DC.

Find more information on Commodity jurisdiction procedure in relation to the Export Licensing, Defense Trade Controls and Homeland Security in the legal Encyclopedias.

Commodity Jurisdiction