US Proposes New Export Rules Affecting Aircraft Parts

Tired of trying to determine whether your dual-use parts are controlled as DDTC/ITAR parts or BIS/EAR parts?  Stymied by the difficult or impossible task of properly classifying your dual-use aircraft parts for export purposes?  The government is here to help!

The U.S. Government has determined that certain aircraft parts that have traditionally been controlled under the International Traffic in Arms Regulations (ITARs) no longer warrant control under the ITARs.  These are all items that were controlled under Category VIII (aircraft and related items) of the United States Munitions List (USML).  Those parts would be moved to the control of the BIS Commerce Control List (CCL) under the terms of a proposed rule.  The proposed rule would make it easier to export these military parts and also it may reduce the confusion over dual-use parts in these categories.

The proposed rule defines a set of new Export Control Classification Numbers (ECCNs) 9A610, 9B610, 9C610, 9D610, and 9E610. Part of the value of this change is that some items were difficult to definitively classify as either defense-related or civil aircraft parts.  This switch will make the proper classification of these parts easier because they will all be controlled under the Bureau of Industry and Security (BIS) rules that apply to civil aircraft parts, so BIS rulings on them will be definitive and will not be subject to countermand or conflicting interpretations by the State Department’s Directorate of Defense Trade Controls (DDTC).

 

  • ‘‘Military Aircraft’’ ‘‘specially designed’’ for a military use that are not enumerated in USML paragraph VIII(a).

Note 1: This includes trainer aircraft; cargo aircraft; utility fixed wing aircraft; military helicopters; observation aircraft; military non-expansive balloons and other lighter than air aircraft and unarmed military aircraft, regardless of origin or designation, manufactured before 1956 and unmodified since manufacture.

Note 2: Aircraft with modifications made to incorporate safety of flight features or other FAA or NTSB modifications such as transponders and air data recorders are ‘‘unmodified’’ for the purposes of this paragraph

  • Pressure refuelers, pressure refueling ‘‘equipment,’’ ‘‘equipment’’ ‘‘specially designed’’ to facilitate operations in confined areas, and ground equipment ‘‘specially designed’’ for aircraft controlled by either USML paragraph VIII(a) or ECCN 9A610.a.
  • Military crash helmets and protective masks, pressurized breathing equipment and partial pressure suits for use in aircraft controlled by either USML paragraph VIII(a) or ECCN 9A610.a, anti-g suits, liquid oxygen converters ‘‘specially designed’’ for aircraft controlled by either USML subcategory VIII(a) or ECCN 9A610.a, and catapults and cartridge actuated devices for emergency escape of personnel from aircraft controlled by either USML subcategory VIII(a) or ECCN 9A610.a.
  • Canopies, harnesses, platforms, electronic release mechanisms ‘‘specially designed’’ for use with aircraft controlled by either USML paragraph VIII(a) or ECCN 9A610.a, parachutes and paragliders ‘‘specially designed’’ or modified for military use, and ‘‘equipment’’ ‘‘designed’’ or modified for military high altitude parachutists, such as suits, special helmets, breathing systems, and navigation equipment.
  • Automatic piloting systems for parachuted loads; equipment ‘‘specially designed’’ for military use for controlled opening jumps at any height, including oxygen equipment.
  • Ground effect machines (GEMS), including surface effect machines and air cushion vehicles, ‘‘specially designed’’ for use by a military.
  • Military aircraft instrument flight trainers that are not ‘‘specially designed’’ to simulate combat. (See USML Cat IX for controls on such trainers that are ‘‘specially designed’’ to simulate combat).
  • [UAV] Apparatus and devices designed or modified for the handling, control, activation or launching of UAVs or drones controlled by either USML paragraph VIII(a) or ECCN 9A610.a, and capable of a range equal to or greater than 300 km.
  • [UAV] Radar altimeters designed or modified for use in UAVs or drones controlled by either USML paragraph VIII(a) or ECCN 9A610.a., and capable of delivering at least 500 kilograms payload to a range of at least 300 km.
  • [UAV] Hydraulic, mechanical, electro-optical, or electromechanical flight control systems (including fly-by-wire systems) and attitude control equipment designed or modified for UAVs or drones controlled by either USML paragraph VIII(a) or ECCN 9A610.a., and capable of delivering at least 500 kilograms payload to a range of at least 300 km.
  • ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories and attachments’’ that are ‘‘specially designed’’ for a commodity subject to control in the non-UAV items above or a defense article in USML Category VIII and not elsewhere specified on the USML or the CCL.

Note 1: Forgings, castings, and other unfinished products, such as extrusions and machined bodies, that have reached a stage in manufacturing where they are clearly identifiable by material composition, geometry, or function as commodities controlled by ECCN 9A610.x are controlled by ECCN 9A610.x.

Note 2: ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories and attachments’’ specified in USML subcategory VIII(f) or VIII(h) are subject to the controls of that paragraph. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories and attachments’’ specified in ECCN 9A610.y are subject to the controls of that paragraph.

  • Specific ‘‘parts,’’ ‘‘components,’’ ‘‘accessories and attachments’’ ‘‘specially designed’’ for a commodity subject to control in this ECCN or a defense article in USML Category VIII and not elsewhere specified in the USML or the CCL, and other aircraft commodities ‘‘specially designed’’ for a military use, as follows:

y.1. Aircraft tires;
y.2. Analog cockpit gauges and indicators;
y.3. Audio selector panels;
y.4. Check valves for hydraulic and pneumatic systems;
y.5. Crew rest equipment;
y.6. Ejection seat mounted survival aids;
y.7. Energy dissipating pads for cargo (for pads made from paper or cardboard);
y.8. Filters and filter assemblies for hydraulic, oil and fuel systems;
y.9. Galleys;
y.10. Hydraulic and fuel hoses, straight and unbent lines, fittings, clips, couplings, nutplates, and brackets;
y.11. Lavatories;
y.12. Life rafts;
y.13. Magnetic compass, magnetic azimuth detector;
y.14. Medical litter provisions;
y.15. Mirrors, cockpit;
y.16. Passenger seats including palletized seats;
y.17. Potable water storage systems;
y.18. Public address (PA) systems;
y.19. Steel brake wear pads (does not include sintered mix or carbon/carbon materials)
y.20. Underwater beacons;
y.21. Urine collection bags/pads/cups/pumps;
y.22. Windshield washer and wiper systems;
y.23. Filtered and unfiltered cockpit panel knobs, indicators, switches, buttons, and dials;
y.24. Lead-acid and Nickel-Cadmium batteries; and
y.25. Propellers, propeller systems, and propeller blades used with reciprocating engines.
y.26. to y.98. [RESERVED]
y.99. Commodities that would otherwise be controlled elsewhere in this entry but that (i) Have been determined to be subject to the EAR in a commodity jurisdiction determination issued by the U.S. Department of State and (ii) are not otherwise identified elsewhere on the CCL.

Parts distributors should check these lists and make sure that they represent reasonable representations of the parts that do not need to be subject to State Department licensing oversight at the time of export.  Any distributor who feels that this list is incomplete should make sure to provide comments both to the government and to ASA.

The proposed rule was published in the November 7th Federal Register.  The proposal is open for public comment.  Comments are due by December 22, 2011.

 

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About Jason Dickstein
Mr. Dickstein is the President of the Washington Aviation Group, a Washington, DC-based aviation law firm. He represents several aviation trade associations, including the Aviation Suppliers Association, the Aircraft Electronics Association, the Aircraft Fleet Recycling Association and the Modification and Replacement Parts Association.

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