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Exporting electrical and electronic products from the US

For electronics leaving the US, the main question is export control: the exporter classifies each item under an ECCN or as EAR99, and items with encryption follow their own rules, usually through License Exception ENC or the mass market note. Radio devices made solely for export are outside FCC marketing rules. Most shipments need EEI.

Updated · Each section links to the official source it comes from

Export controls
Export Administration Regulations (BIS)
Classification
An ECCN on the Commerce Control List, or EAR99
Encryption
5A002 under License Exception ENC, or 5A992 mass market
Self-classification report
By 1 February for the previous year's exports
Radio devices for export only
Outside FCC marketing rules (47 CFR 2.807)
Export declaration
EEI in the AES, with the ECCN or EAR99

Before the goods leave

The questions to answer, in the order they usually come up.

  1. 1What is the item's ECCN, or is it EAR99? Read more
  2. 2Does it contain encryption, and does it meet the mass market note? Read more
  3. 3Does the destination, buyer or end use call for a licence? Read more
  4. 4Is it a radio device made solely for export, or does it fail a CPSC rule? Read more
  5. 5Does the shipment need EEI, and who files it? Read more

The rules, by area

What each area covers, the texts that set it, and what the official pages say.

Classifying the item: ECCN or EAR99

The Export Control Classification Number decides whether the Commerce Control List and Country Chart call for a licence.

  • The exporter is responsible for classifying items correctly, and may do so without BIS assistance; a wrong classification does not remove the obligation to obtain a licence (15 CFR 732.3(b)).
  • BIS names three routes: ask the manufacturer or developer for the ECCN, self-classify using the CCL Order of Review, or request an official classification through SNAP-R under 15 CFR 748.3.
  • An ECCN is five characters: a category digit, a product group letter and three digits. It is unrelated to the Schedule B or HTS code.
  • Where the ECCN's reasons for control show an "X" in the Country Chart for the destination, a licence is needed unless a License Exception applies.
  • Items subject to the EAR but not on the Commerce Control List are EAR99.

How we help: Compliant Always keeps each product's ECCN or EAR99 note, its basis and date with the product record, and shows where one is missing before a shipment. Ask about this

Encryption in consumer electronics

Items with encryption functions are controlled for that capacity, with License Exception ENC and the mass market note as the usual routes.

  • A licence is required to export encryption items under ECCNs 5A002, 5A004 and related software and technology to all destinations except Canada, but most may be exported under License Exception ENC (15 CFR 742.15).
  • Items meeting Note 3 to Category 5, Part 2 (the mass market note) are classified 5A992 or 5D992 after classification or self-classification and are no longer subject to encryption (EI) and national security controls.
  • License Exception ENC does not authorise exports to countries in Country Groups E:1 or E:2 (15 CFR 740.17).
  • Self-classification reports for mass market encryption components and executable software, and for certain 5A002 items, reach BIS and the ENC Encryption Request Coordinator by 1 February for the previous calendar year (15 CFR 740.17(e)(3)).

How we help: Compliant Always keeps the encryption classification and any self-classification report with each product, dated, and shows when the next report falls due. Ask about this

Devices made for export, and CPSC notice

US marketing and safety rules that step back for exported goods, and the notice due when they do not.

  • The FCC's rules on marketing radio frequency devices before equipment authorisation (47 CFR 2.803) do not apply to devices manufactured solely for export (47 CFR 2.807(b)).
  • A consumer product that fails an applicable CPSC safety rule may be exported only after a statement is filed with the CPSC at least 30 days before export (16 CFR 1019.3).
  • The CPSC interprets the CPSA to prohibit export of products failing a safety standard or banning rule if they have at any time been distributed in commerce for use in the US.

How we help: Compliant Always keeps the export-only status, any CPSC notice and the test reports behind it with each lot, dated. Ask about this

Export controls: EAR99 and the general prohibitions

Whether the Export Administration Regulations call for a licence, which for most consumer goods turns on the destination and the buyer.

  • Items in the United States and US-origin items wherever located are subject to the EAR (15 CFR 734.3).
  • Items subject to the EAR but not listed on the Commerce Control List are designated EAR99 (15 CFR 734.3(c)).
  • BIS: EAR99 items do not need a licence in most situations, but may if destined for a prohibited or restricted end user, end use or destination of concern.
  • Denial orders, prohibited end uses and end users, and embargoed destinations such as Cuba, Iran, North Korea and Syria apply to EAR99 items too (15 CFR 732.3).

How we help: Compliant Always keeps each product's export classification with its record, dated, and shows where one is missing before a shipment. Ask about this

Export declaration: EEI in the AES

Electronic Export Information filed in the Automated Export System, the export component of ACE, before the goods leave.

  • The EEI is filed through the AES by the US principal party in interest (USPPI), its authorised agent, or the authorised US agent of the foreign principal party in interest, for exports of physical goods, including orders received over the internet (15 CFR 30.2).
  • No EEI is needed where the value under one Schedule B or HTSUSA number, from one USPPI to one consignee on one conveyance, is $2,500 or less, unless a licence is required (15 CFR 30.37(a)).
  • Shipments to Canada are exempt, except goods stored in Canada for a third country or moving through Canada to one (15 CFR 30.36).
  • Filed before departure: 24 hours before loading for vessel cargo, 2 hours before departure for air cargo, 1 hour before a truck reaches the border (15 CFR 30.4).
  • Each line carries a 10-digit Schedule B or HTSUSA number and, where it applies, the ECCN or EAR99 (15 CFR 30.6).
  • Parties to the export keep its documents for five years from the date of export (15 CFR 30.10).

How we help: Compliant Always keeps the invoices, classifications and certificates behind each declaration with the shipment and lot, dated, and answers importers' questions from that record. Ask about this

Who answers for what

WhoWhat they answer forHow we help
ExporterClassifying the item, any licence, encryption reporting and, as USPPI, the EEI.Classifications, reports and declarations kept with each shipment, dated.
Manufacturer or developerThe technical facts behind the ECCN, which BIS suggests asking it for.Specifications and the maker's classification kept with the product record.
Freight forwarder or customs brokerFiling EEI with the licence code and ECCN, as the authorised agent.The classification and documents behind the filing, in one record.
RegulatorBIS for export controls; the CPSC and FCC for products made for export.Licences, classifications and notices kept with the shipment.

Where are the goods going?

Most of what electrical and electronic products have to meet is set where they are sold. Each guide sets out the rules on arrival, with the official source for each.

Questions businesses ask

Do I need an export licence to export electronics from the US?
It depends on the item's ECCN, the destination, the end user and the end use. Items subject to the EAR but not on the Commerce Control List are EAR99 and need no licence in most situations.
What is EAR99?
The designation for items subject to the Export Administration Regulations that are not listed under any ECCN on the Commerce Control List. EAR99 items may still need a licence for a restricted destination, end user or end use.
How do I find the ECCN for my product?
BIS suggests asking the manufacturer or developer, self-classifying with the Commerce Control List Order of Review, or requesting an official classification through SNAP-R.
Is an ECCN the same as an HS code?
No. BIS says an ECCN is distinct from and unrelated to a Schedule B number or a Harmonized Tariff System code.
Do consumer devices with encryption need an export licence?
Items meeting the mass market note are classified 5A992 or 5D992 and are no longer subject to encryption controls. Most other encryption items may be exported under License Exception ENC (15 CFR 742.15).
When is the encryption self-classification report due?
By 1 February for items exported during the previous calendar year, where 15 CFR 740.17(e)(3) requires one, such as mass market encryption components and executable software.
Can License Exception ENC be used for any country?
No. It does not authorise exports to countries in Country Groups E:1 or E:2 of supplement no. 1 to part 740.
Do devices made only for export need FCC authorisation?
The FCC's marketing rules for radio frequency devices do not apply to devices manufactured solely for export (47 CFR 2.807(b)).
Can I export electronics that fail a CPSC rule?
Only if never distributed in the US, and after filing a statement with the CPSC at least 30 days before export (16 CFR Part 1019).
Do I need to file EEI to export electronics?
Yes, through the AES, unless an exemption applies. EEI is filed regardless of value where a BIS licence is required, and each line reports the ECCN or EAR99 where it applies.
How does Compliant Always help with exporting from the US?
Our team reads the rules for the routes you ship. Compliant Always shows which export documents apply to your product, keeps them with the shipment beside what the destination asks for, and watches the sources for changes. It shows what the requirements say and what your documents show; you decide.

Sources

Compliant Always is a product of Lettuce Labs LLC. It shows what requirements say and what your documents show. It is not legal advice, and you decide.

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