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An Export Control Classification Number (ECCN) is a specific alpha-numeric code that identifies the level of export control for articles, technology and software (collectively anItems that are exported from the United States. The ECCN classification that applies to any specific Item is determined by referring to a table that is issued by the U.S. Department of Commerce. (See the Export Administration Regulations (EAR) 15 Code of Federal Regulations 300-799.) The ECCN table contains hundreds of ECCN codes that are organized according to the technical specifications of the Item that is being exported.
The Department of Commerce allows private industry to self-classify exported items. Although many different U.S. and foreign entities may be involved in manufacturing and distributing an item, ultimately it is the U.S. Principal Party in Interest (USPPI) that must determine the level of applicable export control by researching and assigning the ECCN. In the event an ECCN cannot be determined by the USPPI, technical information about the article can be submitted to the U.S. Department of Commerce and an ECCN will be assigned. For military articles the U.S Department of State has jurisdiction and there is no applicable ECCN.
Each ECCN provides for varying degrees of export control based on the country of end use. The specific export restrictions for a proposed country of export are determined by referring to the U.S Department of Commerce County Chart. (See 15 CFR 738-740 and associated supplements.) Additionally, some ECCNs have license exceptions associated with the export restrictions based on Low Value Shipment (LVS) or other mitigating factors. There are also restrictions that apply to certain denied parties, regardless of what would otherwise be an allowed export transaction.
Although determining an Items ECCN can be time consuming and difficult, it is a necessary step in the process of complying with U.S. export control laws.
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