Global Trade Compliance Atlas

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§ 120.11

Order of review

ITAR · Part 120 · Subpart B

The mandatory classification sequence. (a) Review general characteristics to pick the USML category, then match particular characteristics to an enumerated paragraph. (b) If the paragraph uses “specially designed,” that wording invokes § 120.41 — run (a)(1)/(a)(2), then the (b) exclusions. Prefer an enumerated entry over a specially-designed catch-all when both could apply. A (b) exclusion does not finish the analysis and does not auto-clear the item to the EAR; resume this order of review against any remaining USML paragraph. If jurisdiction is still unclear, file a CJ under § 120.4. (c) A USML defense article remains ITAR-controlled after it is incorporated into a non-USML item unless the ITAR says otherwise. (d) If the article or service is not described on the USML, this paragraph and § 120.5 hand the classification to the other agency’s regime. For items that may be subject to the EAR, continue under Supplement No. 4 to Part 774 and Part 732. § 120.58 only defines “subject to the EAR”; it is not the handoff and not a 600-series shortcut.

USML first. Do not start at the CCL.
A § 120.41(b) exclusion is not an EAR classification. Resume this section. Unclear → CJ (§ 120.4).
Integration does not launder ITAR parts. A USML seeker inside a commercial airframe is still a defense article.
§ 120.11(d) / § 120.5 → EAR Supp. No. 4 to Part 774 and Part 732. § 120.58 is a definition node only.
§ 120.11(c) stands: incorporating Aircraft Survivability Equipment (ASE) into a civil aircraft does not strip ASE of ITAR status, nor does it authorize related technical data or defense services. The 2026-10-13 USML VIII(a)(8) civil-aircraft exclusion is not a laundering rule for the equipment.

eCFR (primary) · § 120.11 LII (secondary, unofficial)

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In this atlas

§ 121.1 § 120.41 § 120.4 § 120.5 § 120.58 EAR

Other regime

732 774-s4