Exports and Reexports of Commercial Charges and Devices Containing Energetic Materials

The Bureau of Export Administration (BXA) maintains the Commerce Control List (CCL), which identifies those items subject to the Department of Commerce export controls. This interim rule amends the CCL by revising and clarifying controls on certain commercial charges and devices containing energetic materials commonly used in mining and oil well development as well as in air bags and fire extinguishers and also certain pyrotechnic/explosive devices, of the type commonly used by the U.S. motion picture and television industry. Specifically, this rule revises Export Control Classification Numbers (ECCNs) 1C018 and 1C992 to better distinguish the types of charges and explosive devices controlled by these entries and to provide clear thresholds of control. Military explosive devices or charges that utilize United States Munitions List (USML) controlled energetic materials are subject to the export licensing authority of the Department of State. In addition, individual USML controlled energetic materials, even when compounded with other materials, are subject to the export licensing authority of the Department of State, when not incorporated into explosive devices or charges controlled by ECCNs 1C018 or 1C992. Commercial charges and devices containing energetic materials that are not subject to the export licensing authority of the Department of State or are not controlled by ECCN 1C018 are controlled by ECCN 1C992 for anti-terrorism reasons. This rule removes ECCN 1C998. Items previously controlled by ECCN 1C998 have been moved to ECCN 1C992. In addition, this rule corrects an inadvertent error to License Exception LVS for ECCN 0A018 that was published on July 14, 1998 (63 FR 37767).