Classification requests and advisory opinions

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1. What part 748 covers

Part 748 of the Export Administration Regulations (EAR), 15 CFR 748, governs requests for classifications and advisory opinions, export and reexport license applications, and certain license exception notices (15 CFR 748.1(a)). All terms, conditions and certifications on the electronic or paper forms are incorporated into the EAR. An application means both an electronic application and the paper Multipurpose Application form of the Bureau of Industry and Security (BIS), Form BIS-748P.

BIS gives a formal classification, advisory opinion or licensing decision only after reviewing a properly completed application supported by all relevant facts and required documentation (15 CFR 748.1(b)). Information obtained to consider license applications is not made public without the approval of the Secretary of Commerce or the Under Secretary for Industry and Security (15 CFR 748.1(c)). That rule follows section 12(c) of the Export Administration Act.

2. Electronic filing and the paper exceptions

Electronic filing is the rule for license applications and classification requests. The same applies to License Exception AGR notifications for agricultural commodities and to requests to use License Exception STA (Strategic Trade Authorization) for 600 series end items. All of them must be filed through the Simplified Network Application Processing system, known as SNAP-R (15 CFR 748.1(d)). Paper forms are used only if BIS authorizes them, and only original paper forms are accepted, not facsimiles or reproductions.

BIS processes paper submissions in five situations (15 CFR 748.1(d)(1)). The party may have made no more than one submission in the previous twelve months, or may lack internet access. BIS may have rejected or revoked the party’s electronic filing eligibility, or asked for paper on a particular transaction. Or BIS may decide that urgency, U.S. policy needs or circumstances outside the party’s control justify paper in a particular case.

The applicant states in Block 24, or in an attachment, which criterion it meets and the supporting facts (15 CFR 748.1(d)(2)). If BIS accepts paper filing, it processes the submission under part 750 (15 CFR 748.1(d)(3)). If it refuses, it returns the form and attachments without action, with its reason. Forms may be obtained from Commerce Department district offices and BIS offices, and certain forms from U.S. embassies and consulates abroad (15 CFR 748.2).

3. Classification requests

An exporter may ask BIS for the correct Export Control Classification Number (ECCN), down to the paragraph or subparagraph level where appropriate (15 CFR 748.3(a)). BIS determines whether each item is described by an ECCN on the Commerce Control List or is not, and is therefore EAR99. Those determinations are not government findings that the items are subject to the EAR. Requesters should already have determined that no other agency has exclusive jurisdiction over the items.

Each request is limited to six items, though BIS may allow more related items case by case if the relationship is substantiated (15 CFR 748.3(b)(1)). The request is supported by literature, brochures or precise technical specifications in enough detail to classify, attached as PDF files. The requester completes the specified blocks, gives a recommended classification in Block 22(a) and explains the basis in Block 24 (15 CFR 748.3(b)(2)). If it cannot recommend one, it explains the ambiguities or gaps that prevented it.

Each classification receives a Commodity Classification Automated Tracking System (CCATS) number (15 CFR 748.3(b)(3)). Neither the classification nor the number may be relied on or cited as evidence that the government has found the items subject to the EAR. BIS answers classification requests within 14 calendar days after receipt (15 CFR 750.2(a)).

4. Advisory opinions

For a given end-use, end-user or destination, BIS will also advise, if requested, whether a license is required, or likely to be granted, for a transaction (15 CFR 748.3(a)). These responses do not bind BIS to issue a license later. Such requests, along with requests for other interpretations of the EAR, are commonly called advisory opinions.

Advisory opinion requests are in writing, by mail, email or the BIS website. A mailed letter and its envelope are marked “Advisory Opinion,” and an email uses that subject title (15 CFR 748.3(c)). A request for interpretive guidance gives the contact person’s details and a complete address (15 CFR 748.3(c)(1)). A request on license requirements or licensing policy also gives all available information on the parties and the end-use or end-user, model numbers, any known ECCN, and technical literature (15 CFR 748.3(c)(2)).

Advisory opinions are limited to BIS’s interpretation of the EAR, but unlike classifications they are not confined to the Commerce Control List (15 CFR 748.3(c)(5)). They may not be cited as evidence that another agency lacks jurisdiction. BIS answers them within 30 calendar days after receipt (15 CFR 750.2(b)).

5. Special classification requests

Some encryption items need a classification request to qualify for License Exception ENC, the exception for encryption items, or release from encryption item controls (15 CFR 748.3(d)). Those requests and related reports are reviewed by the ENC Encryption Request Coordinator at Fort Meade, Maryland.

A requester may also ask BIS to confirm that a part, component, accessory, attachment or software is not specially designed (15 CFR 748.3(e)(1)). The route is open where only minor changes in form or fit keep the item from meeting the release in paragraph (b)(3) of the definition, and its performance matches an item that does meet it. The request explains all changes in form and fit and why they should be treated as insignificant (15 CFR 748.3(e)(2)). The Departments of Commerce, State and Defense review it, and a consensus is required (15 CFR 748.3(e)(3)). The answer confirms a new classification, denies the request, or returns it without action for insufficient or late information (15 CFR 748.3(e)(4)).

Requests for Validated End-User authorization follow a separate section and supplements (15 CFR 748.3(c)(3)). Changes to the approved integrated circuit designers list or the approved outsourced semiconductor assembly and test companies list follow another (15 CFR 748.3(c)(4)). Classification requests may also be used to confirm that technology is not controlled under ECCN 4E091 because of how an artificial intelligence model was trained. The test is whether it used fewer computational operations than needed to train a model as capable as the most advanced published model, measured by an average of widely used benchmarks (15 CFR 748.3(f)). License applications are covered in applying for an export license.

Key terms

SNAP-R	The BIS system for electronic filing of applications and requests.
Classification request	A request for BIS to assign the correct ECCN or EAR99.
CCATS number	The tracking number assigned to each BIS classification.
Advisory opinion	A BIS interpretation of the EAR or advice on a transaction.
EAR99	The designation for items subject to the EAR but not on the list.

Every statement above links to the document behind it. The full source list for this piece is on the sources page.

This page describes public United States government programs for general information. It is not legal, regulatory or procurement advice, and it does not address the facts of any particular case.

How Sentfore supports this

Correct classification comes before any shipment of controlled equipment. Sentfore works at the delivery end of defense programs in difficult environments, providing secure movement, protective security, facilities and life support. Requirements can be sent through the contact page.