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BIS Removes Commodities From Specially Designed Classification

The Commerce Department’s Bureau of Industry and Security determined in a December advisory opinion that multipurpose die, standard packages, and integrated circuits comprised thereof do not meet the “specially designed” definition created through Export Control Reform. The determination, sent to Semiconductor Industry Association, said the products do not meet the “specially designed” criteria for one of the two following reasons:

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  • the items were designed with knowledge of use in a wide range of applications, including commodities such as medical equipment, passenger vehicles and consumer electronics
  • the items have the same function and performance capabilities, and the same or equivalent form and fit, as a multipurpose die, standard package, or integrated circuit comprised thereof used in a wide range of applications in production.

These two reasons constitute justification to remove a “part,” “component,” “accessory,” “attachment,” or “software” from “specially designed” classification, said BIS. In order to remove the commodities, BIS determined the commodities have the same function, performance capabilities, and the same form and fit of another commodity that is or was in production or does not exist on the Commerce Control List or U.S. Munitions List. The determination does not apply to commodities subject to the International Traffic in Arms Regulations, said BIS.