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BIS Amends Eligible Addresses for China-Based VEU Lam Research Service

The Bureau of Industry and Security is amending its regulations to change the list of eligible destinations and items for shipments to China under the validated end user (VEU) authorization for Lam Research Service Co., Ltd., BIS said. Effective Oct. 23, BIS is adding six facilities, changing the address for one facility, changing the name for two facilities, changing the name and address for one facility, and removing one facility on the list of Lam’s eligible facilities. The final rule will also limit the authorization for ECCN 3D001 software (excluding source code) for all facilities to allow only such software specially designed for the "development" or "production" of equipment controlled by paragraph .e of ECCN 3B001 (Automatic loading multi-chamber central wafer handling systems having all of the following:...). BIS is making a "similar limitation" for 3D002 software (excluding source code) for all facilities, so that only such software specially designed for the "use" of equipment controlled by 3B001.e qualifies as an eligible item.

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For Lam's "Warehouse Facilities" identified in Export Administration Regulations Part 748 Supplement No. 7, the rule further limits the scope of the authorization for items under ECCN 3E001 to "'development' 'technology' or 'production' 'technology'" according to the General Technology Note "of a type to support integration, assembly (mounting), inspection, testing, and quality assurance of equipment classified under paragraph .e of ECCN 3B001." Eligible items for both Lam's "Warehouse Facilities" and "Sales Offices" will include items classified under ECCNs 2B230, 2B350.c, 2B350.d, 2B350.g, 2B350.h, 2B350.i, 3B001.e, 3D001, 3D002 and 3E001, "subject to certain very specific limits," BIS said. VEU authorization allows exportation of designated items to VEUs under a general authorization instead of a license.

(Federal Register 10/23/17)