Do I need a BIS commodity classification prior to submitting a License Exception AGR notification?
Exporters may need a commodity classification for exports of certain agricultural commodities to Cuba. BIS requires that a BIS commodity classification determination be submitted with notifications for fertilizers, western red cedar, and live horses. The U.S. Department of Agriculture web site includes a list of eligible agricultural commodities, most of which are eligible for License Exception AGR. BIS has determined that all items on that list except for western red cedar and live horses are EAR99 and do not require a prior commodity classification. Fertilizers, although not on that list, are considered agricultural commodities for purposes of License Exception AGR but do require a prior classification. The twelve day notification period does not provide sufficient time to make commodity classification determinations as part of the notification process; therefore, exporters must request a commodity classification prior to submitting a notification for items that may be on the CCL.
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