Supplier Import/Export Classification Request

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Supplier
Import/
Export

Classification
Request


FORM


ITO 09


ITO
-
09

Rev
08



Oct 22, 2012


Page
1

PURPOSE & SCOPE

In order for
UTAS

to ensure Compliance with all applicable

Import/
Export
Laws/
Regulations,
UTAS

must
have
detailed information about all parts being provided by your company.

You must
provide
UTAS

with the
necessary
import/
export

informati
on including information about any U
.
S
.

import/export

controls that may apply to your
product.
The
information is necessary to ensure that all subsequent
imports,
exports and re
-
exports of products
containing your parts or components are conducted in comp
liance with applicable regulations.
If you do not
understand what information you are supposed to provide in a given field/block, do not guess and do not leave the
field blank. Please contact the
UTAS

operation

that provided the form to you for assistanc
e or write “do not know”
in the field. Alternatively, you may contact
UTAS
’s Corporate International Trade Office for assistance at 703
-
558
-
8241.




E
mphasis is placed on
C
ountry of
O
rigin. Many of the products that are assembled, manufactured or prod
uced in
the United States contain parts or mater
ials that are of foreign origin. C
ountry
of

O
rigin rules have a significant
impact on how products and higher level assemblies are labeled, advertised, marketed and sold in the U.S. and
abroad.


Your response
s may be prov
ided on the
UTAS

provided ITO
-
09 form.
UTAS

prefers suppliers to submit the
requested information in electronic format.



Should you have any questions regarding either the ITO
-
09 form or
on the reason for requesting the infor
mation,
please
contact the
UTAS

operation from which the form was provided.


APPLICABILITY

Seller shall provide Country of Origin (CoO) for each Product. If the Product
being
provided is determined to be
a
defense article that is controlled by the U.S. Department of Stat
e for export under the International Traffic in Arms
Regulations (“
ITAR

)

and

Seller is a U
.
S
.

supplier (in accordance with 22 CFR 122.1), Seller shall

confirm that it is
registered with the DDTC by
provid
ing

the

date of expiration of its DDTC
registration
. Where Seller has design
authority or is a distributor of design authority Product, Seller shall provide the Harmonized Tariff Schedule (HTS)

Number

or a U
.
S
.

Census Bureau Schedule B
N
umber and Export Jurisdiction

(State Department (for defense
articles)

or Commerce Department (for commercial/dual
-
use goods))

and
Export
Classification

(either U.S.
Munitions List Category for defense articles controlled by State or Export Control Classification Number (“ECCN”)
for commercial/dual
-
use goods controlled by Co
mmerce)

(

EJ&
E
C

) for each Product.

Seller shall provide updated information to Buyer for every revision to the HTS number, CoO, EJ&
E
C and DDTC
registration date.

This data shall be provided on
UTAS

ITO 09 form or equivalent.


LEGAL R
EFERENCES

19 CFR 134

22 U.S.C. 2778 and 2794(7)

22 CFR Chapter I, Subchapter M, Parts 120
-
130

(ITAR)

EAR 734.2(b)

EAR 738.2(b)

EAR 734.4

19 CFR 141

19 CFR 142

15 CFR Subpart A Part 30.1
-
30.14

15 CFR , Volume 2, Chapter

VII, Subchapter C, Parts 730
-

774

15 CFR , Volume 2, Ch
apter VII, Subchapter C, Parts 738


GLOSSA
RY



Apostille:

An
authentication of a public document

that is recognized by countries that participate in
the Hague Convention Abolishing the Requirement for Legalization for Foreign Public Documents




Country:

Coun
try means the political entity known as a nation. Colonies, possessions, or
protectorates outside the boundaries of the mother country may be considered separate countries




Country
of

Origin

(CoO)
:

The country of manufacture, produ
ction or growth of the ar
ticle.




De Minimis
: De Minimis U.S. Content is defined in §734.4 of the EAR

and
19 CFR 102.13.




De Minimis Calculation:

As a general rule, the “de minimis” guidelines for re
-
exports of Commerce
controlled items are; Re
-
exports to embargoed or terrorist s
upporting countries of foreign
-
made items
incorporating controlled U.S.
-
origin items valued at 10 percent or less of the total value of the foreign
-
made items; and Re
-
exports to all other countries of foreign
-
made items incorporating controlled U.S.
-
origin

items valued at 25 percent or less of the total value of the foreign
-
made items.

De Minimis U.S.
Content is defined in §734.4 of the EAR.
The method for calculating“De Minimis” values can be found
in Supplement No.2 of Part 734 of the EAR.





DDTC Regist
ration:

22 CFR 122 identifies the DDTC registration requirements for m
anufacturers or
exporters of ITAR commodities or provider
s

of defense service
s
. 22 CFR 129 identifies the
registration requirements for brokers of ITAR commodities.




Design Authority
:

Owner of inte
lle
ctual property




Directorate of Defense Trade Controls (DDTC):

The licensing authority for the Department of State.





Export Control Classification Number (ECCN):

A list of items under the export control jurisdiction of
the
U.S.
Bureau
of
Industry & Security (
U.S. Department of Commerce
)
. The
Commodity Control List
(
CCL
)

is divided into 10 categories. Each category is subdivided into five groups, designated by the
letters A through E: (A) equipment, assemblies and components; (B) test,
inspection and production
equipment; (C) materials; (D) software, and (E) technology. (See §738.2(b) of the EAR.)




Export
Jurisdiction

and

Export
Classification (EJ
&
E
C
): All items are controlled by the Export
Administration Regulation (EAR) or Internation
al Traffic in Arms Regulation (ITAR). The Specific
ECCN classification or United States Munitions List (USML) classification will provide the guidance
necessary to ensure proper export controls are imposed.




Harmonized Tariff Schedule Number (HTS)
:
The
HTS is a global classification system used to
describe most world trade in goods.
It is a

10
-
digit commodity classification number provided in the
Harmonized Tariff Schedule.




International Trade Office (ITO):

International Trade Office

Governing
UTAS

C
orporation.




Re
-
Export
: The transfer of controlled items to an end use, end us
er, or destination not previously
authorized. ITAR 120.19 or EAR 734.2(b)




Schedule B
: The Statistical Classification of Domestic and Foreign Commodities Exported from the
Un
ited States. These 10
-
digit commodity classification numbers are administered by the Census
Bureau and cover everything from live animals and food products to computers and airplanes. It
should also be noted that all import and export codes used by the Uni
ted States are based on the
harmonized Tariff System.

The

HTS of the United States (HTSUS)
may be
used

in lieu of the
Schedule B commodity classification
.




United States Munitions List
(USML):

A list of items under the export control jurisdiction of the
U.S.
Department of State.
The
USML

includes articles, services and related technical data that are
designated as defense articles and defense services pursuant to Sections 38 and 47(7) of the Arms
Export Control

Act (22 U.S.C. 2778 and 2794(7)).


CLARIFICATION:

The following information is provided to add clarification of the
UTAS

expectations

for each
section

of the ITO
-
09 Form
.
Suppliers have the option to provide single classification using the word formatte
d

Supplier
Import/
Export

Classification
Request


FORM


ITO 09


ITO
-
09

Rev
08



Oct 22, 2012


Page
3

ITO
-
09 or multiple classifications using the excel formatted ITO
-
09. Various information is required depending
upon the design authority of the item(s). Use the following information to determine what information is
required
;

1.

U.S. Supplier with design a
uthority:

The information in section 1, 2, 3 & 5 is required for all items
when a U.S. Supplier has the design authority.

2.

Non
-
U.S. Supplier:

The information in section 1, 2, 3 & 4 is required for all items when a non U.S.
supplier has the design author
ity.

3.

UTAS

has the design authority:

The informat
ion is section 1, 2.1, 2.4, 2.8, 2.10
& 5.3 is required for
all items when
UTAS

has the design authority.


Section 1:

Supplier / Manufacture Information.

1.1

Supp
l
ier Information
: Legal business name, st
reet address and phone number

1.2

Additional

Information
: Name and contact information of individual certifying the information.

1.3

Export Control Point of Contact Information: Identify the name and contact information of an individual
within your org
anization that handles trade compliance.


Section 2:

Commodity Information

2.1

Design Authority: Identify who has the design authority (Supp
lier,
Manufacturer
,
UTAS
).

2.2

Designed for: Specify
the application the item was designed for
i.e.

Military
,
Civil,
Commercial
, etc


2.3

Type: Hardware or Technical Data

2.4

UTAS

Part Number: Identify the Part Number identified on the
UTAS

drawing, request for quote or
purchase order.

2.5

Supplier Part Number: Identify Supplier part identifier / numbe
r

2.6

Manufacturer Part Number: When supplier is not the manufacturer of the item, identify the manufacturer
part identifier / number.

2.8



Description: Identify the Supplier part description

2.8

Manufacturer Name: Identify the manufacturer of the
item

if the supplier is not the manufacturer.

2.9

Tariff Classification:
Identify the
Harmonized Tariff Schedule Number
instead of the Schedule B Number
whenever possible.

2.10

CoO:
Identify the country
,

or countries,
of manufacture, production, or growth of the artic
le.

For multiple
countries please identify each country separated by a comma or semi
-
colon in this field.



Section 3:

Export Control Information

3.1

Export Controls: Identify if the item is subject to export controls



An item falls under US Export Contro
ls jurisdictions when;





Items that were manufactured in the US,



Items that contain US technology,



Non
-
US created or manufactured items already in the US,



Non
-
US created or manufactured items destined to a Goodrich operation in the US (e.g.,
items manufac
tured at a Goodrich operation outside the US but intended to be provided
to a Goodrich operation in the US)



Items that are NOT in the public domain.



Piece parts and components/general commodities that are commercially available catalog items
and used in Co
mmercial applications are typically deemed to be subject to Commerce Export
Jurisdiction even if such parts are also used on military applications.


The following piece parts and
components/general commodities are deemed to be the following:



Nuts



Bolts



Cap

Screws



Wires



Washers



Shims



Seals



Caps



Clips



Hoses



Grommets



Rivets



Fasteners



Circlips (C
-
Clips)



Ties (Zip ties)



Cotter Pins



Zerk Fittings (Grease fittings)



Keys (Square keys)



Roll Pins



Furthermore, catalog items which we procure such as those identified wi
th AN, NAS, MS, MIL
which are identified with markings such as “Approved for public release” or “distribution is
unlimited” are also deemed to be subject to Commerce export jurisdiction.



If a piece part or component, such as the ones above is specifically
designed for a military
application it will need to go through an internal export jurisdiction classification process.


Guidance for this is provided for in the ITAR.

3.2

Export/Import Requirements: Identify the information that

UTAS

must provide to you
,

i
.
e.
,

Import License,
Appostille, End Use Certificate or other information. Enter N.A. if information

is not necessary.

3.3

Re
-
e
xport Restrictions: Identify if the item is subject to export
controls.

3.4

Re
-
export Restrictions Comm
ents: If item is subje
ct to export restrictions please specify the
controls.


Section 4:

Non
-
US

4.1

Provided from: Identify if the item was originally provided from the U.S.

4.2

U.S. Contents: Identify if the item contains U.S.
parts, components
and/
or technology.

4.3

De Mi
n
imis

%
:
Identify the percentage of US origin contents within the item


Section 5:

United States

5.1

Jurisdiction
:
Select the applicable control for the item. Department of State
(
ITAR controlled items with a
USML classification
)

or Department of Commer
ce
(
EAR controlled items with an ECCN classification
.)

5.2

Classification:

Identify the USML Category for ITAR items or ECCN Classification
for

EAR controlled
items.

5.3

DDTC Registration
Expiration
Date:
U.S. Department of State’s Directorate of Defense

Trade Controls
(DDTC) registration date.


Legend:

Sub
-
Sections in the ITO
-
09 identified with an * are required fields.


Supplier
Import/
Export

Classification
Request


FORM


ITO 09


ITO
-
09

Rev
08



Oct 22, 2012


Page
5


ITO
-
09

Forms
:





Form ITO 09 rev
8.doc
ITO 09 rev 8.xls