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Classification/Jurisdiction of US Origin Items By a Foreign Entity

In certain cases, a foreign entity (i.e. foreign consignee, end user, etc.) may make a self-determination regarding the classification/jurisdiction of an item, including reclassifications based on Export Control Reform. If the U.S. exporter or manufacturer does not provide the foreign party with the classification, the foreign party is responsible for determining if the item is under either ITAR or EAR control, and if under EAR control, the classification before re-exporting or retransferring the item. They should seek to confirm their jurisdiction/classification with the U.S. exporter/manufacturer. If any discrepancies remain, a CJ or CCATS should be obtained from the U.S. State or Commerce Department respectively.

 U.S. parties cannot, however, rely exclusively on foreign manufacturer’s classification when making export classification/jurisdiction determinations. Foreign manufacturer supplied classifications can assist U.S. exporters in determining the classification, but cannot be relied upon solely without review by the U.S. party.


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