Made in the USA Doesn't Mean ITAR: Understanding U.S. Export Controls
If you've ever been told, "We can't buy American products because they're ITAR," you're not alone.
At SV Microwave, we regularly hear from customers, particularly outside the United States, who assume that all U.S.-manufactured products are subject to the International Traffic in Arms Regulations (ITAR). While understandable, this is one of the most common misconceptions in international trade.
The reality is much different. Most commercial products manufactured in the United States are not ITAR-controlled. Instead, they fall under the Export Administration Regulations (EAR) administered by the U.S. Department of Commerce. Many of these products are classified as EAR99, a designation for commercial items that are subject to the EAR but are not specifically listed on the Commerce Control List (CCL).
Understanding the difference between ITAR and EAR99 can help companies make informed sourcing decisions and avoid unnecessarily excluding qualified U.S. suppliers.
The United States regulates exports through two primary regulatory systems:
International Traffic in Arms Regulations (ITAR)
ITAR is administered by the U.S. Department of State and governs defense articles, defense services, and related technical data listed on the U.S. Munitions List (USML). Generally speaking, products subject to ITAR are defense articles or defense services specifically described on the U.S. Munitions List (USML). Many USML entries include items that are 'specially designed' for military or defense applications, but classification always depends on the specific regulatory text. Examples include certain weapons systems, military fire control equipment, armored vehicles, and specific military aircraft and spacecraft components.
Export Administration Regulations (EAR)
The EAR, administered by the U.S. Department of Commerce's Bureau of Industry and Security (BIS), regulates most commercial, industrial, and many dual-use products exported from the United States. Many aerospace and high-performance commercial products are also regulated under the EAR rather than ITAR. These regulations apply to thousands of everyday products, including:
- Commercial RF connectors
- Cable assemblies
- Test equipment
- Telecommunications hardware
- Industrial machinery
- Electronic components
- Laboratory equipment
One of the most persistent myths is: "If it's made in America, it's ITAR."
This is not how U.S. export law works. Export classification is not determined by where a product is manufactured or by the nationality of the manufacturer. Instead, classification depends on the product itself, its design, technical characteristics, intended function, and whether it is specifically identified in U.S. export control regulations.
Similarly, selling products to defense contractors does not automatically make those products ITAR-controlled. Commercial off-the-shelf (COTS) components are routinely incorporated into defense systems while remaining subject to the EAR.
What Is EAR99?
If a product is subject to the EAR but is not specifically listed on the Commerce Control List, it is generally classified as EAR99. EAR99 does not mean a product is unrestricted or exempt from export regulations. Instead, it means the product:
- Is subject to the EAR.
- Does not require a specific Export Control Classification Number (ECCN).
- Typically does not require an export license for most destinations.
- Remains subject to restrictions involving sanctioned countries, prohibited end users, and prohibited end uses.
For many commercial industries, EAR99 represents the standard export classification rather than the exception.
How Export Classifications Are Determined
Every export classification begins with the same question: Is the product listed on the U.S. Munitions List (USML)? If the answer is yes, the product is generally subject to ITAR. If the answer is no, the product is evaluated under the EAR.
From there, the product is reviewed to determine whether it falls within a technical category on the Commerce Control List. If it does, it receives an Export Control Classification Number (ECCN). If it does not, it is generally classified as EAR99. This process is based on the product's technical characteristics, not assumptions about its country of origin or intended customer.
Why This Matters
Misunderstanding export classifications can have real business consequences. Some organizations automatically exclude U.S. suppliers because they assume all American products are ITAR-controlled. In many cases, this unnecessarily limits sourcing options and can eliminate highly competitive commercial products classified under the EAR.
Understanding the distinction between ITAR and EAR99 allows procurement teams, engineers, and compliance professionals to evaluate products based on their actual regulatory status rather than common misconceptions.
How SV Microwave Approaches Export Classification
Export classifications are determined through a structured review of each product's technical characteristics and the applicable U.S. export regulations. Products are not classified solely by where they are manufactured or by who purchases them. Each product is evaluated individually to determine whether it is subject to the ITAR or the EAR and, when applicable, whether an Export Control Classification Number (ECCN) or EAR99 designation applies. Our goal is to provide customers with accurate export classification information to support global compliance while simplifying international business whenever possible.
The phrase "Made in the USA" tells you where a product was manufactured. It does not tell you whether the product is ITAR-controlled. For companies purchasing American-made components, understanding the distinction between ITAR and the EAR can remove unnecessary barriers, improve sourcing flexibility, and help ensure compliance with U.S. export regulations.
If you have questions about the export classification of an SV Microwave product, our Compliance team can provide guidance on the applicable export classification and related documentation.
Disclaimer: This article is intended for general informational purposes only and does not constitute legal or export compliance advice. Export classifications should always be determined based on the specific product and the applicable U.S. export regulations.
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Made in the USA Doesn't Mean ITAR: Understanding U.S. Export Controls
If you've ever been told, "We can't buy American products because they're ITAR," you're not alone.
At SV Microwave, we regularly hear from customers, particularly outside the United States, who assume that all U.S.-manufactured products are subject to the International Traffic in Arms Regulations (ITAR). While understandable, this is one of the most common misconceptions in international trade.
The reality is much different. Most commercial products manufactured in the United States are not ITAR-controlled. Instead, they fall under the Export Administration Regulations (EAR) administered by the U.S. Department of Commerce. Many of these products are classified as EAR99, a designation for commercial items that are subject to the EAR but are not specifically listed on the Commerce Control List (CCL).
Understanding the difference between ITAR and EAR99 can help companies make informed sourcing decisions and avoid unnecessarily excluding qualified U.S. suppliers.
The United States regulates exports through two primary regulatory systems:
International Traffic in Arms Regulations (ITAR)
ITAR is administered by the U.S. Department of State and governs defense articles, defense services, and related technical data listed on the U.S. Munitions List (USML). Generally speaking, products subject to ITAR are defense articles or defense services specifically described on the U.S. Munitions List (USML). Many USML entries include items that are 'specially designed' for military or defense applications, but classification always depends on the specific regulatory text. Examples include certain weapons systems, military fire control equipment, armored vehicles, and specific military aircraft and spacecraft components.
Export Administration Regulations (EAR)
The EAR, administered by the U.S. Department of Commerce's Bureau of Industry and Security (BIS), regulates most commercial, industrial, and many dual-use products exported from the United States. Many aerospace and high-performance commercial products are also regulated under the EAR rather than ITAR. These regulations apply to thousands of everyday products, including:
- Commercial RF connectors
- Cable assemblies
- Test equipment
- Telecommunications hardware
- Industrial machinery
- Electronic components
- Laboratory equipment
One of the most persistent myths is: "If it's made in America, it's ITAR."
This is not how U.S. export law works. Export classification is not determined by where a product is manufactured or by the nationality of the manufacturer. Instead, classification depends on the product itself, its design, technical characteristics, intended function, and whether it is specifically identified in U.S. export control regulations.
Similarly, selling products to defense contractors does not automatically make those products ITAR-controlled. Commercial off-the-shelf (COTS) components are routinely incorporated into defense systems while remaining subject to the EAR.
What Is EAR99?
If a product is subject to the EAR but is not specifically listed on the Commerce Control List, it is generally classified as EAR99. EAR99 does not mean a product is unrestricted or exempt from export regulations. Instead, it means the product:
- Is subject to the EAR.
- Does not require a specific Export Control Classification Number (ECCN).
- Typically does not require an export license for most destinations.
- Remains subject to restrictions involving sanctioned countries, prohibited end users, and prohibited end uses.
For many commercial industries, EAR99 represents the standard export classification rather than the exception.
How Export Classifications Are Determined
Every export classification begins with the same question: Is the product listed on the U.S. Munitions List (USML)? If the answer is yes, the product is generally subject to ITAR. If the answer is no, the product is evaluated under the EAR.
From there, the product is reviewed to determine whether it falls within a technical category on the Commerce Control List. If it does, it receives an Export Control Classification Number (ECCN). If it does not, it is generally classified as EAR99. This process is based on the product's technical characteristics, not assumptions about its country of origin or intended customer.
Why This Matters
Misunderstanding export classifications can have real business consequences. Some organizations automatically exclude U.S. suppliers because they assume all American products are ITAR-controlled. In many cases, this unnecessarily limits sourcing options and can eliminate highly competitive commercial products classified under the EAR.
Understanding the distinction between ITAR and EAR99 allows procurement teams, engineers, and compliance professionals to evaluate products based on their actual regulatory status rather than common misconceptions.
How SV Microwave Approaches Export Classification
Export classifications are determined through a structured review of each product's technical characteristics and the applicable U.S. export regulations. Products are not classified solely by where they are manufactured or by who purchases them. Each product is evaluated individually to determine whether it is subject to the ITAR or the EAR and, when applicable, whether an Export Control Classification Number (ECCN) or EAR99 designation applies. Our goal is to provide customers with accurate export classification information to support global compliance while simplifying international business whenever possible.
The phrase "Made in the USA" tells you where a product was manufactured. It does not tell you whether the product is ITAR-controlled. For companies purchasing American-made components, understanding the distinction between ITAR and the EAR can remove unnecessary barriers, improve sourcing flexibility, and help ensure compliance with U.S. export regulations.
If you have questions about the export classification of an SV Microwave product, our Compliance team can provide guidance on the applicable export classification and related documentation.
Disclaimer: This article is intended for general informational purposes only and does not constitute legal or export compliance advice. Export classifications should always be determined based on the specific product and the applicable U.S. export regulations.