EAR99 is the classification for items that are subject to the U.S. Export Administration Regulations (EAR) but are not described by any Export Control Classification Number (ECCN) on the Commerce Control List (CCL). Most everyday commercial goods are EAR99. An EAR99 item can usually be exported without a licence, but a licence may still be required for an embargoed destination, a prohibited end use or a restricted party.
What does EAR99 mean?
An item is EAR99 when two things are true. It is subject to the EAR, which means it is not an ITAR defense article and not excluded from the EAR. And no entry on the CCL describes it. You will also see it written as "EAR 99" or "EAR-99"; all three mean the same designation.
The basis is Section 734.3(c) of the EAR and the structure of the CCL itself: items that are subject to the EAR but not listed are EAR99.
Is EAR99 an ECCN?
EAR99 is not itself an ECCN. An ECCN such as 5A992.c points to a specific entry on the CCL. EAR99 is what you record when the list has been checked and nothing matches. Export paperwork often shows it in the ECCN field as "ECCN: EAR99".
EAR99 examples
Items that are typically EAR99 include:
- consumer goods such as clothing, furniture, kitchenware or a stainless steel water bottle
- many industrial and commercial items that fall below every CCL threshold, for example standard fasteners, basic hand tools and ordinary office equipment
- many commercial vehicles, food products and general-purpose materials
Treat these examples as a guide only. A "general" item can still meet a CCL entry because of one parameter. A cable can be EAR99, or it can be 5A991 if it is a specified telecommunications item. So EAR99 has to be concluded. It cannot be assumed.
How do you reach an EAR99 classification?
To conclude EAR99 you must be able to say that no entry describes the item. In practice:
- Confirm jurisdiction: the item is not on the U.S. Munitions List. See ITAR vs. EAR: which regulation controls your item.
- Identify every CCL category and product group that could apply.
- Review the entries, including the 600 series, 9x515 and the 9xx "catch-all" entries, and confirm the item meets none of their paragraphs.
- Record what you reviewed.
The guide on how to confirm an item is EAR99 walks through this check in detail. For the full classification sequence, see how to find the ECCN for your product.
When does an EAR99 item need an export licence?
EAR99 items can usually be exported under "NLR" (no licence required), but not always. Run the same transaction checks as for any other export (the general test is in when an export licence is required).
Destination
Countries and regions under comprehensive embargo or sanctions, in Part 746 of the EAR and the OFAC sanctions programmes, can require a licence even for EAR99 items. Some destinations restrict almost all exports.
End user
Screen the buyer, the consignee, the end user and any intermediary against the Entity List, the Denied Persons List, the Unverified List, the Military End-User List and the SDN list. A single match can require a licence or prohibit the export. See sanctions screening for exporters.
End use
Part 744 prohibits exports, without a licence, for certain end uses regardless of the item's classification. The prohibited uses include weapons of mass destruction (nuclear, chemical and biological end uses), missile development and certain military end uses.
Red flags
"Know your customer" warning signs can suggest a prohibited end use or diversion. Unusual payment terms, a buyer reluctant to state the end use, or a product that does not fit the customer's business are signs to stop and ask questions before shipping.
Is EAR99 the same as NLR?
No. EAR99 is a classification. NLR is a licence determination for a particular transaction. An EAR99 item going to a non-sanctioned country, for a civil end use, to a screened customer is typically NLR. An item with an ECCN can also be NLR when the Commerce Country Chart shows no "X" for the destination. Export filings, such as the Electronic Export Information (EEI) in AES, record both. EAR99 exports can still need EEI in AES, depending on value and destination.
Record-keeping for EAR99
Because EAR99 is a negative finding, the file has to show how you reached it. Note the categories and entries reviewed, the parameters compared, the date and the version of the regulation, and keep this reasoning with the export records. Records are generally kept for five years under Part 762.
EAR99 in ECCN.help
ECCN.help treats EAR99 as a conclusion the item has to reach. When you choose EAR99, the tool rules out every entry that could describe the item and records each answer, so the result carries its own evidence. The EAR99 example on the How to use page shows this on a water bottle. Every account includes five classifications in the rule-based ECCN.help Classification Workflow.
ECCN.help provides research and assistance, not legal advice. Verify every result against the regulation.