Foreign Direct Product Rule: When the EAR Covers Foreign-Made Items
The foreign direct product rule (EAR § 734.9) brings a foreign-made item under the EAR when it meets both tests of one FDP rule. Each rule and how to test it.
Guides to ECCN lookup and classification, EAR99, ITAR vs. EAR jurisdiction, encryption controls, licence requirements and sanctions screening, written for the people who have to get the answer right. New to classifying? Start with how to find the ECCN for your product or see how a classification works in the tool.
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The foreign direct product rule (EAR § 734.9) brings a foreign-made item under the EAR when it meets both tests of one FDP rule. Each rule and how to test it.
Reexport vs export under the EAR: an export leaves the U.S., a reexport moves between foreign countries, and an in-country transfer changes end user or end use.
A BIS advisory opinion (§ 748.3(c)) is a written answer on how the EAR applies to your facts. When to ask, what to include, and how it differs from a CCATS.
To apply for a BIS export licence, register for SNAP-R and submit the item, ECCN, parties, end use and supporting documents. Review, conditions and validity.
A deemed export licence is needed when a foreign person in the U.S. gets controlled technology. How to check, apply through SNAP-R and time the I-129 petition.
Under the EAR de minimis rule (§ 734.4), a foreign-made item is subject to the EAR if controlled U.S. content exceeds 25%, or 10% for Country Group E:1 and E:2.
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ECCN.help walks an item through ITAR vs. EAR, the Commerce Control List entry and the paragraph it meets, and shows the rule that decided it. Five classifications are included with every account.