Revision To ECCN 1C350 (Mixtures): Removal of Solvent Free Basis Calculation Requirement and Trace Quantity Exemption

Chemicals capable of being used as precursors for chemical weapons agents are controlled for export on the Commerce Control List under Export Control Classification Number 1C350. Note 2 of the License Requirement Notes section of ECCN 1C350 describes the three tier de minimis exemption for mixtures that contain these controlled chemicals. The de minimis exemption is based on the weight percentage (0%, 10%, and 25%) of these controlled chemicals within the mixture calculated on a ``solvent free basis''. This rule removes the requirement to calculate the weight percentage on a ``solvent free basis.'' Therefore, the de minimis exemption for mixtures will now be based on the weight percentage of controlled chemicals calculated on the absolute (total) weight of the mixture. The removal of the ``solvent free basis'' calculation requirement eliminates the necessity of the ``trace quantity'' exemption. The trace quantity exemption permitted exports of mixtures of concentrations of no more than 10,000 parts by weight per million of certain controlled chemicals. Therefore, the ``trace quantity'' exemption is removed. Although the EAA expired on August 20, 1994, the President, invoking the International Emergency Powers Act (IEEPA), continued in effect the export control system in place under the provisions of the Act and the Export Administration Regulations, to the extent permitted by law (Executive Order 12924 of August 19, 1994 and Notices of August 15, 1995, August 14, 1996 and August 13, 1997).