30-Day Notice of Proposed Information Collection: Request for Commodity Jurisdiction Determination
The Department of State has submitted the information collection described below to the Office of Management and Budget (OMB) for approval. In accordance with the Paperwork Redu...
Notice of request for public comment and submission to OMB of proposed collection of information.
SUMMARY:
The Department of State has submitted the information collection described below to the Office of Management and Budget (OMB) for approval. In accordance with the Paperwork Reduction Act of 1995, we are requesting comments on this collection from all interested individuals and organizations. The purpose of this Notice is to allow 30 days for public comment.
DATES:
Submit comments up to April 30, 2026.
ADDRESSES:
Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain.
Find this particular information collection by selecting “Currently under 30-day Review—Open for Public Comments” or by using the search function.
FOR FURTHER INFORMATION CONTACT:
Direct requests for additional information regarding the collection listed in this notice, including requests for copies of the proposed collection instrument and supporting documents, to Andrea Battista, who may be reached at
battistaal@state.gov
or 202-992-0973.
SUPPLEMENTARY INFORMATION:
Title of Information Collection:
Request for Commodity Jurisdiction Determination Form.
OMB Control Number:
1405-0163.
Type of Request:
Renewal of a Currently Approved Collection.
Originating Office:
Directorate of Defense Trade Controls (PM/DDTC).
Form Number:
DS-4076.
Respondents:
Any person requesting a commodity jurisdiction determination.
Estimated Number of Respondents:
300.
Estimated Number of Responses:
300.
Average Time per Response:
4 hours.
Total Estimated Burden Time:
1,200 hours.
Frequency:
On occasion.
Obligation to Respond:
Voluntary.
We are soliciting public comments to permit the Department to:
Evaluate whether the proposed information collection is necessary for the proper functions of the Department.
Evaluate the accuracy of our estimate of the time and cost burden for this proposed collection, including the validity of the methodology and assumptions used.
Enhance the quality, utility, and clarity of the information to be collected.
Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of information technology.
Please note that comments submitted in response to this Notice are public record. Before including any detailed personal information, you should be aware that your comments as submitted, including your personal information, will be available for public review.
Abstract of Proposed Collection
Pursuant to ITAR § 120.4, the commodity jurisdiction procedure may be used to request the Department's Directorate of Defense Trade Controls to provide a determination of whether a particular article or service is covered by the U.S. Munitions List (USML). Form DS-4076 is the means by which respondents may submit this request. Information submitted via Form DS-4076 will be shared with other U.S. Government (USG) agencies, as needed, during the CJ determination review process. Determinations will be made on a case-by-case basis based on the commodity's form, fit, function, performance capability, and design history.
Responses to Public Comments
The Department published a notice in the
Federal Register
(91 FR 1852, Jan. 15, 2026) soliciting public comments for 60 days and multiple substantively equivalent comments were submitted, each asserting:
(1) The existing CJ form prevents members of the public from submitting a CJ without permission from the manufacturer,
(2) This prevents concerned citizens from notifying DDTC when they believe defense articles are being exported without USG authorization, and
(3) The CJ form should be altered to allow submissions for this purpose, even if returned without action, to enable USG notification without automatic returns without action.
However, the CJ process is not the correct tool for members of the public to notify the Department of suspected ITAR violations. The Department welcomes tips regarding suspected violations, including potential exports of defense articles, provision of defense services, or the manufacturing of defense articles in the United States by entities that are not registered with DDTC. Tips may be submitted by emailing
DDTCCustomerService@state.gov
or by phoning (202) 663-2838 from 8 a.m. to 5 p.m. ET. Reports should include as much detail as possible (who, what, when, where, why, and how) and should indicate whether the Department can contact the submitter for additional information. The Department treats tips confidentially. Likewise, the Department will not discuss its response to a tip (including the status of any subsequent compliance reviews) with the submitter.
The Department notes that anyone may file a CJ, including those who are not registered with DDTC, and every case that is returned without action is reviewed by multiple personnel who assess whether the request could be processed following specific updates by the filer.
In general, the Department does limit CJ filings to the original equipment manufacturer (OEM) or authorized representatives. The OEM is normally best positioned to provide relevant information essential to the adjudication process, including information about development history and past sales. When an OEM is unresponsive or
( printed page 16080)
unavailable, a CJ request may be submitted with a letter explaining why an authorization letter from the OEM is not available. The Department determines all returns without action on a case-by-case basis, including whether a CJ application without an OEM authorization letter can be processed.
Details on each of these topics are also available on DDTC's website:
“How to Submit a Tip”
“Who can submit a CJ?”
“What if the original equipment manufacturer (OEM) no longer exists or will not give authorization for a CJ request?”
Methodology
Respondents must generally submit the DS-4076 electronically through DDTC's electronic system. Respondents may access the DS-4076 on DDTC's website,
www.pmddtc.state.gov,
under “Commodity Jurisdictions (CJs).” Respondents who are unable to access DDTC's website may mail a signed DS-4076, along with a brief cover letter explaining their inability to file the electronic DS-4076, to the Office of Defense Trade Controls Policy, Department of State, 2401 E St. NW, Suite H1304, Washington, DC 20522.
Michael J. Vaccaro,
Deputy Assistant Secretary, Directorate of Defense Trade Controls, U.S. Department of State.