BIS Issues Final Rule Implementing Australia Group Changes, Including Change to ECCN 2B350

The Bureau of Industry and Security (BIS) yesterday published a final rule in the Federal Register to amend the Export Administration Regulations (EAR) to implement the 2008 Australia Group (AG) intersessional decisions.

Among other things, this final rule makes an important change to Export Control Classification Number (ECCN) 2B350, the ECCN that covers many valves used in the chemical industry. ECCN 2B350 is one of the most common ECCNs subject to BIS enforcement actions.

The final rule amends ECCN 2B350 by revising the controls on valves included in ECCN 2B350.g to include any valves (including casings or preformed casing liners designed for such valves) that are made from any of the following ceramic materials:

(1) Silicon carbide with a purity of 80% or more by weight;

(2) aluminum oxide (alumina) with a purity of 99.9% or more by weight; or

(3) zirconium oxide (zirconia).

In addition, this final rule adds a new ECCN 2D351 to control dedicated software for toxic gas monitoring systems and their dedicated detecting components controlled under ECCN 2B351.

Finally, this rule amends the list of countries that are States Parties to the Convention on the Prohibition of the Development, Production, Stockpiling, and Use of Chemical Weapons and on Their Destruction (known as the Chemical Weapons Convention or CWC) by adding the Bahamas, Dominican Republic, Iraq and Lebanon, all of which recently became States Parties to that Convention.