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DOC/BIS RIN: 0694-AJ23 Publication ID: Fall 2023 
Title: ●Export Controls on Semiconductor Manufacturing Items; Entity List Modifications 
Abstract:

This Interim Final Rule addresses comments received in response to only the part of the October 7 IFR that controls semiconductor manufacturing equipment (SME) and amends the EAR to more effectively implement SME controls.  In particular, this SME IFR removes Export Control Classification Number (ECCN) 3B090 and adds both new SME and revised former 3A090 SME controls to ECCNs 3B001 and 3B002, makes conforming revisions to associated software and technology ECCNs, and makes other revisions to the EAR to reflect the removal of ECCN 3B090. This rule also includes other revisions, including revisions to the U.S. persons activities controls and supercomputer and semiconductor manufacturing end use controls to better achieve the objectives of the October 7 IFR and improve clarity; addition of two new defined terms to the EAR for extreme ultraviolet (EUV) and advanced-node integrated circuit; and removal of a Temporary General License (TGL) that is no longer valid and addition of two new TGLs to address additional supply chain issues that were identified after the October 7 IFR. This IFR is published concurrently with a second BIS IFR, Implementation of Additional Export Controls: Certain Advanced Computing Items; Supercomputer and Semiconductor End Use; Updates to the Controls and Corrections, which addresses public comments received in response to other portions of the October 7 IFR. Together, these IFRs clarify the October 7 IFR controls and more specifically achieve BIS’s targeted objective of restricting China’s ability to modernize its military capabilities in ways that threaten the national security interests of the United States and its allies and to violate human rights.

 
Agency: Department of Commerce(DOC)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 15 CFR 740    15 CFR 742    15 CFR 744    15 CFR 774   
Legal Authority: 50 U.S.C. 4801-4852    50 U.S.C. 4601 et seq.    50 U.S.C. 1701 et seq.    10 U.S.C. 8720    ...   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Interim Final Rule  10/25/2023  88 FR 73424   
Interim Final Rule Effective  11/17/2023 
Interim Final Rule Comment Period End  12/18/2023 
Final Action  01/00/2024 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: No 
Agency Contact:
Sharron Cook
Policy Analyst
Department of Commerce
Bureau of Industry and Security
2096/MS 2705, 14th Street and Pennsylvania Avenue NW,
Washington, DC 20230
Phone:202 482-2440
Email: sharron.cook@bis.doc.gov

Timothy Mooney
Department of Commerce
Bureau of Industry and Security
1401 Constitution Avenue,
Washington, DC 20230
Phone:202 482-3371
Email: timothy.mooney@bis.doc.gov