Material Technical Advisory Committee
(MTAC)

Committee Title: MTAC meeting
Date: May 9, 2013
Time: 10:00 AM
Location: Herbert C. Hoover Building

Attendance:

Material TAC Members:

Tom May, Chairman - Boeing
Kimberly Orr, Designated Federal Officer – DoC/BIS
Gillian Woollett* – Avalere Health
Clara Zahradnik – DuPont
David Manger – Toray Composites America
Bruce Ruscio* – Novartis
Scott Hubinger – BIS
Judith Johnson – Toho Tenax
Carol Sabourin* – Battelle
Eric McClafferty – Kelly Drye
John Grabenstein – Merck Vaccines
Peter Witting – Harper International
Ken Foot* – Dow Corning Corporation
Corey Norton – Keller and Heckman * [Corey officially joined at this MTAC meeting]

US Government:

Jody Lang – DTSA
Matt Borman – Deputy Assistant Secretary for Export Administration
John Varesi – Department of Commerce
Mike Rithmire – Department of Commerce

Public/Visitor:

Cynthia Roberts* – SABIC
Nina Hsu – Harper International
Janelle Gamble – Boeing
Diana Courter – Boeing
Matt Goldstein – Fluet, Huber, and Hoang
Carol Nordstrom* – Boeing
Jeff Hynes* – Composite Horizons
Charles McCourt* – Dow Chemical

* indicates attendance via teleconference

The meeting was opened at 10:00 AM

MTAC Chair:

Dave Manger was introduced as the new MTAC Chair. Congratulations to Dave and thanks to Clara Zahradnik and Dave for their willingness to take on the leadership of the Committee!

Commerce Address – Deputy Assistant Secretary for Export Administration - Matt Borman

The Deputy Assistant Secretary reported that the first of the Export Control Reform final rules was published. This represents progress in the establishment of a "positive" listing for the USML which marks the first complete step toward the goal of achieving a single control list, enforcement group, and IT system, and agency. Achieving the single agency and functions requires congressional approval, however, the development of a single IT system can move ahead without congressional action. In addition to the new positive listings for the USML categories VIII and XIX, the posting included some general items such as the definition of "specially designed" and the transition rule. Items coming off the USML will migrate to "series 600" ECCNs on the Commerce Control List. These items are not "dual use" but will be treated the same under the EAR.

The proposed rule for Satellites will be released soon and will be followed by proposed rules for Categories VII, XIII, and XX. There have been 8 interagency sessions to address the comments to the proposed rule for Category XI (Electronics) and a new proposed rule will be published in the next few weeks. Category XIV is in interagency review and the controls in XIV(b) will be of interest to members of the MTAC.

Legacy CCL cleanup activity continues and Commerce is working on an interactive site to assist with classifications and interpretation of "Specially Designed".

Technical Working Groups:

Composites Working Group: Tom May

The CWG continues work on the white paper addressing recycling of composite materials and parts. Discussed was the possibility that licensable carbon fibers could be reclaimed from EAR 99-classified items. However, reclamation processes for carbon fiber require the materials to chopped or ground into short fiber forms so the resin can be efficiently removed from the fiber reinforcement.

Also discussed was the use of the phrasing "...technology for..." as opposed to "…technology, according to the General Technology Note, for…." This phrasing was used in the recently posted technology control addressing bio-sensing systems (0E521). It was asked if the phrasing "technology for" was intended to address a broader set of technology than would be covered under the General Technology Note. Also, if the phrasing is intended to cover more than the GTN, how broad is the technology control? BIS (Matt Borman) indicated the use of that phrasing was not intended to cover a larger set of technologies than would be covered under the GTN and differences in phrasing should not be interpreted to have special meaning. Art Kron (DTSA) pointed out that the General Technology Note is referenced in the definition of "Technology" and it was his thought that the GTN should be used to identify any EAR-controlled technology. Tom suggested that industry might benefit from an advisory opinion on this subject and volunteered to write a draft.

There were no technical reports in open session from either the Bio Working Group or the Chemical Processing Equipment Working Group. The Chemical Processing Working Group expressed appreciation for the help of the Department of Commerce in addressing potential changes to relevant control listings.

Non-Proliferation Regimes: Doug Brown (Treaty Compliance Division)

There were no new items to report from the non-proliferation regimes.

Wassenaar Arrangement:

The WA report was held for Closed Session

Public Comments:

There were no additional public comments.

Next Meeting:

Future MTAC meetings are currently scheduled as follows:

2013:

August 8
November 14