Comment by Vectron International

Request to review and add crystals and crystal oscillator components to the proposed category 3A611.y Vectron International (http:// www.vectron.com) is a leading manufacturer of crystals and crystal-based oscillators for use in commercial telecommunications applications as well as in defense articles. These components are used primarily as timing devices in diverse range of applications in both military and defense applications. When used in defense applications these components utilize the same circuit design and manufacturing process as those used for telecommunications markets but may undergo additional testing and screening because of the higher levels of robustness (e.g. in order to survive higher levels of shock and vibration) and reliability requirements. Since oscillators are generally not explicitly identified as ITAR controlled components when associated with defense articles in any category on the USML, a clear determination as to their status, whether ITAR-controlled or EAR-controlled, is always in doubt. Vectron has previously applied and received Commodity Jurisdiction rulings that have ruled some oscillators as controlled under EAR (e.g. oscillators listed on the QPL under M55310 designations, fixed-frequency oscillators intended for space applications). On the commerce CCL side, references to crystal oscillator are few. Oscillators which typically utilize bulk acoustic and surface acoustic wave devices, can be classified based on certain special characteristics such as frequency (3A001.c.1: Surface acoustic wave devices exceeding 6 GHz or 3A001.c.2: bulk acoustic wave devices exceeding 6GHz) and low phase noise threshold as per 3A001.b(10), but generally many other types of oscillators are not listed as controlled on the CCL. Oscillators are commercially available from a variety of sources both in the U.S. and from many foreign sources in China, Taiwan, Korea, Japan, Russia, New Zealand to name a few. Vectron regularly imports and sells “COTS” oscillators made by off- shore suppliers to many defense customers. In response to the Proposed rule RIN 0694-AF6, Vectron would like to propose that crystals and crystal oscillators used as components in articles enumerated under Category XI Military Electronics, be explicitly listed in the category 3A611.y. Vectron has designed and supplied oscillators for use in military radars and radios but as previously mentioned these components use the same design as those designed for commercial telecomm applications as frequency control devices. Since several other types of electronic devices such as MMIC and microwave transistors are being proposed to be listed in the Category 3A611.a and 3A611.b and in 3A611.y, Vectron believes inclusion of crystals and crystal oscillator in the proposed category would go a long way in clarifying the jurisdiction status of these commodities. Vectron supports and is encouraged by the progress made to date under the Export Control Reform Initiative and the work that has been accomplished to establish a clear “bright line” demarcation between items that are commercial, and sensitive items that should be controlled for national security reasons. Vectron would be pleased to provide any additional information or data required in support of our proposal (Ram Arvikar, Tel: 603-577-6860, rarvikar@vectron.com) Ram Arvikar | Quality & Corp. Compliance | Vectron International | ( 603-577-6860 | rarvikar@Vectron.com <mailto:SVakharia@Vectron.com>