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BIS Adds ECCN for CSMC Tech's China VEU Authorization

The Bureau of Industry and Security has issued a final rule, effective June 28, 2011, which amends the Export Administration Regulations to add an Export Control Classification Number for multi-layer masks to the list of items that may be exported, reexported, or transferred (in-country) to CSMC Technologies Corporation in China under Authorization Validated End-User1.

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(BIS identified CSMC as a VEU on January 18, 2011. See ITT’s Online Archives or 01/18/11 news, 11011812, for BP summary.)

Most Multi-Layer Masks Now Eligible for Export to CSMC Destinations

BIS is amending Supplement No. 7 to 15 CFR Part 748 to add most items classified under ECCN 3B001.h (“Multi-layer masks with a phase shift layer”) to the list of items that may be exported, reexported, or transferred (in-country) to CSMC’s “Eligible Destinations” under Authorization VEU.

Multilayer masks with a phase shift layer designed to produce “space qualified” semiconductor devices are excluded from those items eligible for shipment under Authorization VEU to CSMC.

Complete List of CSMC's Authorization VEU-Eligible Items

The complete list of items by ECCN, as revised, that may be exported, reexported, or transferred (in-country) to CSMC’s eligible destinations under Authorization VEU is as

follows (new ECCN italicized):

  • 1C350.c.3
  • 1C350.c.11
  • 2B230.a
  • 2B230.b
  • 2B350.f
  • 2B350.g
  • 2B350.h
  • 3B001.c.1.a
  • 3B001.c.2.a
  • 3B001.e
  • 3B001.h (except for multilayer masks with a phase shift layer designed to produce “space qualified” semiconductor devices)
  • 3C002.a
  • 3C004

1Authorization VEU is a mechanism to facilitate increased high-technology exports to companies in eligible destinations that have a verifiable record of civilian uses for such items. VEUs may obtain certain eligible commodities, software and technology on the Commerce Control List (except those controlled for missile technology or crime control reasons) without having to wait for their suppliers to obtain export licenses from BIS.

In addition to U.S. exporters, Authorization VEU may be used by foreign reexporters as well as by persons transferring in-country, and does not have an expiration date. Currently, VEUs are located in China and India.

(BIS controls exports and reexports of dual-use commodities, technology, and software for reasons of national security, missile technology, nuclear non-proliferation, chemical and biological weapons non-proliferation, crime control, regional stability, foreign policy and anti-terrorism.)

(D/N 110519290-1298-01, FR Pub 06/28/11)

BIS contact- Karen Nies-Vogel (202) 482-5991