ECCN 8A609: surface vessels of war

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1. Vessels of war on the Commerce list

Export Control Classification Number (ECCN) 8A609 on the Commerce Control List (CCL) covers surface vessels of war and related commodities (ECCN 8A609). Paragraph .a covers surface vessels of war specially designed for a military use where the U.S. Munitions List (USML) does not enumerate or otherwise describe them (ECCN 8A609.a). Surface vessels of war and special naval equipment described in USML Category VI, with directly related technical data and services, remain under the International Traffic in Arms Regulations (ITAR) (ECCN 8A609).

A note lists what paragraph .a includes (ECCN 8A609.a). It covers underway replenishment ships, and surface vessel and submarine tender and repair ships, subject to an exception stated in the note. It also covers non-submersible submarine rescue ships and other auxiliaries, with examples given by hull designation. It further covers amphibious warfare craft, except those that are armed. Finally, it covers unarmored and unarmed coastal, patrol, roadstead, Coast Guard and other patrol craft fitted with mounts or hard points for firearms no larger than .50 caliber.

2. Older and demilitarized vessels

A second note brings older vessels into paragraph .a (ECCN 8A609.a). Surface vessels of war include vessels specially designed for military use, other than those identified in paragraph (a) of ITAR section 121.15, including demilitarized vessels, regardless of origin or designation. The note covers vessels manufactured before 1950 that have not been modified since 1949. Safety features required by law, cosmetic changes such as different paint, and parts or components available before 1950 do not count as modification.

3. Non-magnetic diesel engines

Paragraph .b covers non-magnetic diesel engines with a power output of 50 hp or more and either of two features (ECCN 8A609.b). The first is non-magnetic content exceeding 25% of total weight. The second is non-magnetic parts other than the crankcase, block, head, pistons, covers, end plates, valve facings, gaskets, and fuel, lubrication and other supply lines. Paragraphs .c through .w are reserved (ECCN 8A609).

Other propulsion items sit elsewhere. Diesel engines and electric motors that are subject to the Export Administration Regulations, for surface vessels of war, are controlled under ECCN 8A992.g, as the related controls note explains (ECCN 8A609). Military gas turbine engines and related items for vessels of war are controlled under ECCN 9A619.

4. Parts paragraphs

Paragraph .x picks up specially designed parts, components, accessories and attachments for an 8A609 commodity, other than .y, or for a Category VI defense article (ECCN 8A609.x). It excludes items specified elsewhere on the USML, in 8A609.y or in 3A611.y. Unfinished forgings, castings, extrusions and machined bodies clearly identifiable as .x commodities are controlled under .x. Parts specified in USML subcategory VI(f) remain subject to that paragraph.

Paragraph .y names specific parts specially designed for a commodity in the entry or a Category VI defense article (ECCN 8A609.y). They are public address systems, and filters, hoses, lines, fittings, couplings and brackets for pneumatic, hydraulic, oil and fuel systems. They also include galleys, lavatories, magnetic compasses and magnetic azimuth detectors, and medical facilities. Potable water tanks and fittings, panel knobs, indicators, switches, buttons and dials, emergency lighting, gauges and indicators, and audio selector panels complete the list.

5. Reasons for control and exceptions

Naval items in 8A609 carry four reasons for control, namely regional stability (RS), national security (NS), United Nations (UN) and anti-terrorism (AT) (ECCN 8A609). Apart from the shipboard items in .y, the whole entry sits at Column 1 for both NS and RS. Those .y items need an RS license only for China, Russia or Venezuela. UN controls exclude .y, while AT covers all of it.

A limited value shipment may go under Shipments of Limited Value (LVS) up to $1,500, but Shipments to Country Group B countries (GBS) is not offered (ECCN 8A609). Unless the Bureau of Industry and Security has found them eligible under section 740.20(g), vessels in 8A609.a are barred from paragraph (c)(1) of License Exception Strategic Trade Authorization (STA). Paragraph (c)(2) is closed to every item in 8A609. Vessels and parts going to, shipped from, or made in Hong Kong or a Country Group D:5 destination lose every license exception. For vessels already in, or headed to, a D:5 country, the one route left is License Exception Governments and international organizations (GOV) under section 740.11(b)(2) (15 CFR 740.2(a)(12)).

6. Equipment, software and technology

ECCN 8B609 covers test, inspection and production equipment that is specially designed to develop or produce items in 8A609, other than 8A609.y, or in USML Category VI, other than Category VI(f)(7) (ECCN 8B609). The entry is controlled for NS, RS, AT and UN reasons across the whole entry, with the same $1,500 LVS ceiling and GBS unavailable.

ECCN 8D609 covers software specially designed to develop, produce, operate or maintain commodities in 8A609, other than 8A609.y, 8B609 or 8C609 (ECCN 8D609). Software directly related to Category VI articles is controlled under USML Category VI(g). A .y paragraph covers specific software for 8A609.y commodities. ECCN 8E609 covers the technology required across development, production, operation, installation, maintenance, repair, overhaul and refurbishing of those commodities and software (ECCN 8E609). Technical data directly related to Category VI articles are controlled under USML Category VI(g). For the ITAR side, see USML Categories VI and XX: naval vessels.

7. Rules that follow the series

Several rules attach to every 600 series entry, including this one. Military end use, for the rule on certain countries, includes incorporation into items under 600 series ECCNs and support for their operation, installation, maintenance, repair, overhaul, refurbishing, development or production (15 CFR 744.21(f)). Foreign-made items with U.S.-origin content from paragraphs .a through .x of the entry have no de minimis level when destined for Country Group D:5 (15 CFR 734.4(a)(6)(i)). The direct product rule also reaches foreign-produced direct products of U.S.-origin 600 series technology or software. Such products must themselves be in a 600 series ECCN, or in ECCN 0A919 under the first branch. They can then be subject to the Export Administration Regulations when destined to Country Groups D:1, D:3, D:4, D:5, E:1 or E:2 (15 CFR 734.9(d)(2)).

Key terms

ECCN 8A609.a	Surface vessels of war specially designed for military use and not on the USML.
ECCN 8A609.b	Non-magnetic diesel engines of 50 hp or more meeting a content or parts test.
ECCN 8A609.y	Listed shipboard items such as galleys, lavatories and emergency lighting.
USML VI(f)	The Category VI parts paragraph that keeps its items under the ITAR.
ECCN 8A992.g	The entry for diesel engines and electric motors for vessels of war.

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