Transportation and Related Equipment TAC Discussed Raw Materials, Recycled Parts for USML, CCL Items
The Bureau of Industry and Security held a partially open Transportation and Related Equipment Technical Advisory Committee meeting on February 10, 2011. The agenda for the open session included a review of the status of the composite working group, a presentation from fiber manufacturers association, and an update on regime activities.
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This is Part II, the final part of a two-part series of summaries of highlights from the meeting and covers control classification and proposals to tier the CCL. (See ITT's Online Archives or 02/16/11 news, or 11021625, for Part I on the STA rulemaking and on China's patent process.)
(BIS issued an advanced notice of proposed rulemaking (ANPR) seeking comments on how the descriptions of items controlled on the Commerce Control List (CCL) could be clearer, positive, and "tiered," in a manner consistent with the control criteria of the export control reform effort. The comment period for these notices closed on February 7, 2011. See ITT's Online Archives or 12/09/10 and 12/09/10 news, 10120921 and 10120914, for BP summaries.)
Recycling May Move an Item's Control Classification from Lower to Higher Level
The Committee's Composite Working Group (CWG) has been working on different technical initiatives, such as the proper classification of carbon nano materials and issues on recycled composite material. The CWG states that a lot of companies in support of green initiatives are looking into recycling composites and recovering fibers from parts. In such cases, there are possible classification changes to the parts as they goes through the recycling process to recover materials. Carbon fiber parts made from materials recovered from recycling that are controlled at a low at level prior to recycling, may have its classification moved up to a much higher level.
Working Group Will Focus on Global Availability Aspect of CCL Tiering
The CWG members have been focusing on tiering the CCL as they are expecting a lot of companies to submit questions on items in the CCL that are unclear. The CWG stated that tiering was a struggle, largely because the CWG members, who are mostly commercial industry members, didn't know how to rank technologies and commodities on a military criticality scale. Therefore, tiering activity has boiled down to addressing global availability. The CWG states that this is now its highest leverage, as their member companies have a good understanding of global availability because they are in competition with many foreign firms. The CWG is expected to continue to work on global availability and states that regulations will mostly concern foreign manufacturers, and not foreign distributors.
Working Group Will Recommend USML and CCL Listing for Raw Materials
Another team outside of the CWG looked at tiering and placement of USML items and focused on raw material entry in the CCL, or materials that are developed adapted or modified for defense application. The group states that raw materials themselves in the vast majority of cases are not inherently military items, although military items and items listed in the USML can be made from such raw materials. The group states that it will recommend am appropriate USML listing for those very few items on the CCL that have uniquely defense applications. However, for things like structural materials, the group would recommend appropriate listing in the CCL, regardless of what they were developed for.