US – BIS advisory opinion on application of “specially designed” to multipurpose die, standard packages, and IC’s

The opinion was sent in response to a May 13, 2013, request by the SIA submitted to the Bureau of Industry and Security (BIS) requesting an advisory opinion confirming that paragraph (b) of the new definition of “specially designed” in the Export Administration Regulations (EAR) (15 C.F.R. pts. 730-774 (2013)) “releases” multipurpose die, standard packages, and integrated circuits comprised thereof from the term. See 78 Fed. Reg. 22660, 22728 (Apr. I 6, 20 13) (codified in 15 C.F.R. § 772.1 (20 13)).

For purposes of the Advisory Opinion, the term “multipurpose die” means a specific die that is used in multiple applications, with the range of such applications extending from use in commercial and industrial items (including AT-only and EAR99 items) to use in military items. The term “standard package” means a specific package that is an unmodified, commercial-off-the- shelf package widely available, sold in large volume, and used in multiple applications. The phrase “integrated circuits comprised thereof” means integrated circuits that are composed of such multipurpose dies and standard packages.

Based on the information provided in the request, and as discussed in more detail in the letter, BIS agrees that multipurpose die, standard packages, and integrated circuits comprised thereof, as defined above, are not “specially designed” because such items (i) were designed with “knowledge” of use in a wide range of applications, or (ii) have the same function, performance capabilities, and the same or ‘equivalent’ form and fit as a multipurpose die, standard package, or integrated circuit comprised thereof used in a wide range of applications in “production.”