C.F.R. » Title 22 » CHAPTER I—DEPARTMENT OF STATE › SUBCHAPTER M—INTERNATIONAL TRAFFIC IN ARMS REGULATIONS › PART 120—PURPOSE AND DEFINITIONS › Subpart A—General Information

22 C.F.R. § 120.4

Commodity jurisdiction

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(a) The commodity jurisdiction procedure is used with the U.S. Government if doubt exists as to whether an article or service is covered by the U.S. Munitions List (USML). It may also be used for consideration of a redesignation of an article or service currently covered by the USML. The Department must provide notice to Congress at least 30 days before any item is removed from the USML.

(b) The procedure for submitting a Commodity Jurisdiction Determination Request to the Directorate of Defense Trade Controls is set forth in § 120.12.

Notes of Decisions
Cited in 11 cases, 1996–2018 · leading case: Def. Distributed v. United States Dep't of State, 838 F.3d 451 (5th Cir. 2016).
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Def. Distributed v. United States Dep't of State, 838 F.3d 451 (5th Cir. 2016). · cites it 4× “See 22 C.F.R. § 120.4 (describing process). The regulations state the DDTC *456 “will provide a preliminary response within 10 working days of receipt of a complete request for commodity jurisdiction.”
United States v. Zhen Zhou Wu, 711 F.3d 1 (1st Cir. 2013). · cites it 3× “See 22 C.F.R. § 120.4 . 4 These CJ determinations are never officially published in regulations or other government pronouncements.”
Karn v. U.S. Dep't of State, 925 F. Supp. 1 (D.D.C. 1996). · cites it 5× “Pursuant to procedures set forth in 22 C.F.R. § 120.4 (g), the plaintiff appealed the commodity jurisdiction determination concerning the source code diskette to the Deputy Assistant Secretary of State by letter dated June 10, 1994.”
United States v. Chi Mak, 683 F.3d 1126 (9th Cir. 2012). · cites it 2× “22 C.F.R. § 120.4 (requiring that license “[rjequests shall identify the article or service, and include a history of this product’s design, development, and use”).”
Def. Distributed v. United States Dep't of State, 121 F. Supp. 3d 680 (W.D. Tex. 2015). · cites it 2× “See 22 C.F.R. § 120.4 (describing process). The regulations include a ten day deadline for providing a preliminary response, as well as a provision for requesting expedited processing.”
Washington v. U.S. Dep't of State, 318 F. Supp. 3d 1247 (W.D. Wash. 2018). “" 22 C.F.R. § 120.4 (a). Immediately after the reference to redesignation, the regulations reiterate that the "Department must provide notice to Congress at least 30 days before any item is removed from the U.”
Bernstein v. United States Dep't of State, 945 F. Supp. 1279 (N.D. Cal. 1996). · cites it 2× “22 C.F.R. § 120.4 (a). Also contained in the ITAR are the licensing requirements for defense articles, 22 C.”
Bernstein v. United States Dep't of State, 922 F. Supp. 1426 (N.D. Cal. 1996). “22 C.F.R. § 120.4 (a). Categories of items covered by the USML are enumerated at section 121.”
Bernstein v. United States Dep't of State, 974 F. Supp. 1288 (N.D. Cal. 1997). “22 C.F.R. § 120.4 (a). As a graduate student, Bernstein developed an encryption algorithm he calls “Snuffle.”
United States v. Yindeear-Rom, 217 F. Supp. 3d 348 (D.D.C. 2016). · cites it 2× “22 C.F.R. § 120.4 (2010) (tense altered); see also United States v.”
United States v. Burden, 217 F. Supp. 3d 348 (D.D.C. 2016). · cites it 2× “22 C.F.R. § 120.4 (2010) (tense altered); see also United States v.”
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