An item has an EAR99 classification when the Export Administration Regulations (EAR) apply to it but no ECCN describes it. To confirm EAR99 you have to prove that negative: check jurisdiction, review the Commerce Control List (CCL) in the Order of Review, rule out every candidate entry including the 9xx entries, and record what you reviewed. The seven steps below are a check you can run and keep on file.
Step 1: Confirm the item is subject to the EAR
An ITAR defense article cannot be EAR99. If the item is described on the U.S. Munitions List, it is controlled under the ITAR. See ITAR vs. EAR.
Some items are excluded from the EAR altogether. Published information, fundamental research results and certain other items are outside the EAR under Part 734.
Foreign-made items may be subject to the EAR through U.S. content (de minimis) or the foreign direct product rules.
Step 2: Describe the item precisely
Write down what it is (hardware, software or technology), its function and its main technical parameters with units. Note whether it has an information-security function, and whether it was developed for a military, space or other controlled application. An EAR99 conclusion is only as good as this description.
Step 3: Follow the Order of Review
Supplement No. 4 to Part 774 sets the order: the 600 series (military items moved from the USML), then 9x515 (spacecraft), then the rest of the CCL. A part "specially designed" for a 600 series end item can be caught even if it looks generic, so check the .x and .y paragraphs of the relevant 600 series entry.
Step 4: Rule out every category and group that could apply
For each plausible category (0–9) and product group (A–E), read the candidate entries and confirm the item does not meet any paragraph. Four things trip people up here:
- An item just below a threshold today may cross it in the next model.
- In an "all of" paragraph, the item must meet every limb to be caught.
- Notes and exclusions can release an item from an entry.
- Parts, components and software may be caught through what they were made for. See the "specially designed" definition.
Step 5: Check the 9xx entries
This is where most EAR99 mistakes happen. Entries numbered 9xx control commercial items below the multilateral thresholds, mainly for anti-terrorism reasons. Examples:
| ECCN | What it covers |
|---|---|
| 3A992 | General-purpose electronic test equipment and other electronics |
| 4A994 | Computers and assemblies not controlled elsewhere |
| 5A991 | Telecommunications equipment not controlled by 5A001 |
| 5A992 | Mass-market encryption items |
| 7A994 | Navigation and avionics equipment not elsewhere specified |
An oscilloscope, a laptop or a Wi-Fi router is rarely EAR99 for this reason.
Step 6: Conclude EAR99 and record the negative finding
If nothing matches, the item is EAR99. Record the categories and entries reviewed, the parameters compared, the sources (datasheets, manufacturer statements), the date and the version of the regulation.
Step 7: Screen the transaction anyway
EAR99 is a classification. Whether a particular shipment needs a licence is a separate determination. Before shipping, screen every party against the restricted-party lists, check the destination for embargoes under Part 746, and look for prohibited end uses under Part 744. See sanctions screening for exporters.
When to ask BIS about an EAR99 classification
If the item sits close to a threshold or its design intent is unclear, a formal classification request (CCATS) removes the doubt. See self-classification vs. a BIS request.
Worked example: a stainless steel water bottle
The item is a double-wall insulated stainless steel drinking bottle, 750 ml, sold at retail.
- Jurisdiction: it is not on the USML and not excluded, so it is subject to the EAR.
- Description: a physical consumer product with no electronics, no encryption and no special materials.
- Categories: Category 1 (materials) and Category 2 (materials processing) could be considered for the steel. A finished consumer bottle meets no materials entry and is not processing equipment, and no other category plausibly describes it.
- 9xx entries: none describes consumer drinkware.
Conclusion: EAR99, recorded with the categories reviewed. The transaction checks in Step 7 still follow.
Worked counter-example: a "simple" USB modem
A consumer USB cellular modem looks as ordinary as the bottle, but it is telecommunications equipment with encryption. Category 5 Part 1 entries such as 5A991 may describe it, and its encryption raises Category 5 Part 2, typically 5A992.c if it meets the Cryptography Note. It is not EAR99. An EAR99 check exists to catch items like this one.
The EAR99 check in ECCN.help
In the ECCN.help Classification Workflow, choosing "None of these" at What is it widens the search to every area. When EAR99 is offered as the entry, the tool rules out each entry that could describe the item and records every answer. The result is an EAR99 determination with its evidence attached, which is the record Steps 6 and 7 call for. The How to use page has an EAR99 example.
ECCN.help provides research and assistance, not legal advice. Verify every result against the regulation.