State Department Posts Comments Received on Proposed 17(c) Rule

On April 11, 2008, the State Department's Directorate of Defense Trade Controls (DDTC) published a notice in the Federal Register regarding a proposed rule intended to clarify the control of aircraft parts and components under Section 17(c) of the Export Administration Act of 1979 (EAA).  In the notice, the DDTC states that there have been an increasing number of Commodity Jurisdiction (CJ) requests for certain basic parts and components having a long history of use on both civil and military aircraft. DDTC stated, "The intent of this notice is to make it clear that these parts and components are not subject to the jurisdiction of the Department of State and to restate the Department's longstanding practice of using the CJ process of using the CJ process to determine the applicability of the criteria of Section 17(c) of the EAA ("Section 17(c)") in cases where there is uncertainty."

In the notice, DDTC stated it would accept comments to the proposed rule until May 12, 2008.  On May 22, 2008, DDTC posted the comments it received to the proposed rule here. Comments were received from the following parties:

    ·    Aerospace Industries Association
    ·    Airbus
    ·    Alcoa
    ·    Aviation Suppliers Association
    ·    The Boeing Company
    ·    Commerce/BIS Transportation and Related Equipment Technical Advisory Committee
    ·    deButts, Thomas, Pillsbury, Winthrop, Shaw, Pittman, LLP
    ·    Emerson Power Transmission
    ·    Goodrich Corporation
    ·    Industrial Fasteners Institute
    ·    Korry Electronics
    ·    Lockheed Martin Corporation
    ·    Rep. Donald Mazullo, U.S. House of Representatives
    ·    Modification and Replacement Parts Association
    ·    William Root
    ·    Safran USA