Global Trade Compliance Atlas

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§ 120.41

Specially designed

ITAR · Part 120 · Subpart C

A two-step definition. A USML paragraph that says “specially designed” invokes this section — that enumeration is not itself the (a) test. Paragraph (a) captures a commodity or software (other than one excluded by (b)) if (a)(1) as a result of development it has properties peculiarly responsible for achieving or exceeding the controlled performance levels, characteristics, or functions described in the relevant USML paragraph, or (a)(2) it is a part, component, accessory, attachment, or software for use in or with a defense article. Then walk (b). A (b) exclusion means the item is not specially designed under that catch-all; it does not auto-clear the item to the EAR or a 600-series ECCN. Resume the § 120.11 order of review. If jurisdiction is still unclear, file a CJ under § 120.4.

Enumeration on the USML invokes this definition. It is not a substitute for (a)(1) or (a)(2).
A (b) exclusion is not an EAR classification. Resume § 120.11. Unclear → CJ (§ 120.4).

eCFR (primary) · § 120.41 LII (secondary, unofficial)

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Children

§ 120.41(a)(1)§ 120.41(a)(2)§ 120.41(b)

In this atlas

§ 120.11 § 120.41(a)(1)§ 120.41(a)(2)§ 120.41(b)§ 120.42 § 120.4 § 121.1