Export Questions

Which products and services are subject to the Export Administration Regulations (EAR)?

The products and services that are subject to the export jurisdiction of the EAR are: (a) all items in the United States, including in a U.S. Foreign Trade Zone or moving in transit through the United States from one foreign country to another; (b) all U.S. origin items wherever located; (c) U.S. origin parts, components, materials or other commodities incorporated abroad into foreign-made products, U.S. origin software commingled with foreign software, and U.S. origin technology commingled with foreign technology, in quantities where the controlled content exceeds certain prescribed de minimis levels, generally averaging 25% of the total value of the foreign made products, software or technology, except in the case of embargoed countries where the de minimis level is 10%; (d) certain foreign-made direct products of U.S. origin technology or software; and (e) certain commodities produced by any plant or major component of a plant located outside the United States that is a "direct product" of U.S. origin technology or software.

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