This inquiry concerns control 2B999.g of the Commerce Control List.
Specifically, the list provides for 304 and 316 stainless steel valves, piping, tanks and vessels. One possible interpretation of the control is that the whole product in its entirety must be made from 304 or 316 stainless steel. Another possible interpretation of the control is that only those products that contain 304 or 316 stainless steel that perform essential function of the product (e.g. inner part of the piping that comes into direct control with the liquid or gas; valve that is made from bronze, but contains 316 stainless steel parts such as butterfly disc).
The BIS position on the 2B999.g?
The ECCN 2B999.g controls on 304 and 316 stainless steel valves, piping, tanks and vessels should be interpreted consistent with the controls on chemical manufacturing equipment described in ECCN 2B350.
Therefore, if all surfaces of the valves, piping, tanks and vessels that come in direct contact with the chemical(s) being processed or contained are made from 304/316 stainless steel, they would be controlled under 2B999.g — in this instance, the entire item would not have to be made of 304/316 stainless steel in order for it to be controlled under 2B999.g.
For additional information on these EAR requirements, you may wish to view the EAR on-line, at: www.access.gpo.gov/bis/index.html. Should you have additional questions about these requirements, you may wish to contact the Chemical and Biological Controls Division (CBCD), Office of Nonproliferation and Treaty Compliance, at: (202) 482-3343.
