Do I need a BIS commodity classification prior to submitting a license application to OFAC to export agricultural commodities, medicine, and medical devices to Iran or Sudan?
The answer depends on the items that you propose to export: Agricultural Commodities: You do NOT need a BIS commodity classification prior to applying for a license to export agricultural commodities on the Department of Agriculture’s eligible commodities list [pdf] with the exception of western red cedar and live horses. BIS has reviewed the items on that list and classified them as EAR99, with the exception of western red cedar and live horses. You do need a commodity classification for fertilizers (which are considered agricultural commodities for purposes of License Exception AGR even though not on the eligible commodities list), western red cedar, and live horses. Note that bottled water, vitamins, minerals, food additives and dietary supplements also are not the Department of Agriculture list, but are considered agricultural commodities for the purposes of License Exception AGR. Medicine: Exporters are not required to have commodity classifications for exports of medicines prior
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