DDTC Issues Guidance on Proposed Filing Requirement for Certain USML Exports

The State Department’s Directorate of Defense Trade Controls released guidance to help exporters comply with a proposal that could introduce new filing requirements for certain U.S. Munitions List items. The guidance -- which deals with a proposed rule by the Census Bureau that could require exporters to submit a new data element in the Automated Export System when shipping USML Category XXI items (see 2305020007) -- features a range of frequently asked questions, including about how exporters can determine whether their items are controlled under Category XXI, when exporters should use the data element and more.

In one FAQ, DDTC stressed that the USML Category XXI -- which includes articles, technical data and defense services “not otherwise enumerated” under other USML categories -- is “not a catchall for a wide range of miscellaneous items.” The category is a “narrowly focused category available” when the agency’s policy director determines that an item isn’t described elsewhere on USML but “should be included until such time as the appropriate U.S. Munitions List category can be amended.”

The agency also said the Category XXI determination number proposed by Census will apply “only to the commodities for which the determination was issued.” If a determination number is issued for “two specific models of a camera, or for all cameras meeting certain criteria, it cannot be used for cameras that don’t meet those criteria, or for commodities that are not cameras,” DDTC said.

Exporters should contact the DDTC Response Team if they suspect their commodity should be described in USML Category XXI “based on a comparison with similar commodities.” But the agency also said DDTC Determination Numbers are issued only to manufacturers that “have received written confirmation” from the State Department, and exporters can’t “self-classify” their item as Category XXI on the license. “As a result, it is most likely that your commodity is not controlled in USML Category XXI,” the agency said.