Global Trade Compliance Atlas

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§ 120.41(b)

(b) Exclusions — not an EAR auto-clear

ITAR · Part 120 · Subpart C · § 120.41

§ 120.41(b). Meeting any (b) exclusion means the commodity or software is not “specially designed” under the catch-all paragraph you were reading. It does NOT auto-clear the item to the EAR or a 600-series ECCN. Resume the § 120.11 order of review against every remaining USML paragraph (enumerated entries first). If jurisdiction is still in doubt, file a CJ under § 120.4 — do not self-assign an ECCN from a (b) hit. (b)(1) is a prior CJ that the item is already subject to the EAR; it is not this atlas classifying the item. (b)(2)–(5) are fastener/form-fit-function/dual-knowledge/general-purpose exclusions; they only answer the specially-designed question for that catch-all.

A (b) exclusion is not an ECCN. Resume § 120.11. Unclear → CJ (§ 120.4).
Document the specific (b) paragraph you rely on.

eCFR (primary) · § 120.41(b)

In this atlas

§ 120.41 § 120.11 § 120.4 § 120.58