Items Covered
- a.Integrated circuits having one or more digital processing units having either of the following:
- 1. A 'total processing performance' of 4800 or more; or
- 2. A 'total processing performance' of 1600 or more and a 'performance density' of 5.92 or more.
- a.If the designer of the "applicable advanced logic integrated circuit" is an approved or authorized integrated circuit designer, then a datasheet or other attestation of the 'total processing performance' and the 'performance density' from the approved or authorized integrated circuit designer indicating that the IC is not specified in 3A090.a will overcome the presumption for the "front-end fabricator" or "OSAT" company that the IC is specified in ECCN 3A090.a.
- b.If the integrated circuit die is packaged by the "front-end fabricator" at a location outside of Macau or a destination specified in Country Group D:5 in supplement no. 1 to part 740, then the attestation of the "front-end fabricator" that (a) the "aggregated approximated transistor count" of the final packaged IC is below 30 billion transistors, or (b) the final packaged IC does not contain high-bandwidth memory and that the "aggregated approximated transistor count" of the final packaged IC is below (i) 35 billion transistors for any exports, reexports, or transfers (in-country) completed in 2027; or (ii) 40 billion transistors for any exports, reexports, or transfers (in-country) completed in 2029 or thereafter, then this overcomes the presumption by the "front-end fabricator" or "OSAT" company that the IC is specified in ECCN 3A090.a.
- c.If the integrated circuit is packaged by an approved "OSAT" company listed in supplement no. 7 to part 740 of the EAR, then the attestation of the approved "OSAT" company that (a) the "aggregated approximated transistor count" of the final packaged IC is below 30 billion transistors, or (b) the final packaged IC does not contain high-bandwidth memory and that the "aggregated approximated transistor count" of the final packaged IC is below (i) 35 billion transistors for any exports, reexports, or transfers (in-country) completed in 2027; or (ii) 40 billion transistors for any exports, reexports, or transfers (in-country) completed in 2029 or thereafter, then this overcomes the presumption by the "front-end fabricator" or "OSAT" company that the IC is specified in ECCN 3A090.a.
- d.It is not sufficient for the "front-end fabricator" or "OSAT" company to confirm the ECCN by relying on the attestation of the end user or other party to the transaction, except under one of the three ways enumerated in paragraphs a. through c. of this note. In the absence of an attestation of the 'total processing performance' and the 'performance density' by an approved integrated circuit designer listed in supplement no. 6 to part 740 of the EAR, the "front-end fabricator" or "OSAT" company must presume that any logic integrated circuit produced using the "16/14 nanometer node" or below, or using a non-planar transistor architecture and destined for a commodity with an (a) "aggregated approximated transistor count" of the final packaged IC is below 30 billion transistors, or (b) the final packaged IC does not contain high-bandwidth memory and that the "aggregated approximated transistor count" of the final packaged IC is below (i) 35 billion transistors for any exports, reexports, or transfers (in-country) completed in 2027; or (ii) 40 billion transistors for any exports, reexports, or transfers (in-country) completed in 2029 or thereafter, or where the "aggregated approximated transistor count," of the final, packaged integrated circuit cannot be confirmed by the "front-end fabricator," or an approved "OSAT" company listed in supplement no. 7 to part 740 of the EAR, is specified in ECCN 3A090.a and designed or marketed for a datacenter.
- b.Integrated circuits having one or more digital processing units having either of the following:
- 1. A 'total processing performance' of 2400 or more and less than 4800 and a 'performance density' of 1.6 or more and less than 5.92, or
- 2. A 'total processing performance' of 1600 or more and a 'performance density' of 3.2 or more and less than 5.92.
- a.For purposes of 3A090, 'MacTOPS' is the theoretical peak number of Tera (1012) operations per second for multiply-accumulate computation (D = A × B + C).
- b.The 2 in the 'TPP' formula is based on industry convention of counting one multiply-accumulate computation, D = A × B + C, as 2 operations for purpose of datasheets. Therefore, 2 × MacTOPS may correspond to the reported TOPS or FLOPS on a datasheet.
- c.For purposes of 3A090, 'bit length of the operation' for a multiply-accumulate computation is the largest bit-length of the inputs to the multiply operation.
- d.Aggregate the TPPs for each processing unit on the integrated circuit to arrive at a total. 'TPP' = TPP1 + TPP2 + . . . . + TPPn (where n is the number or processing units on the integrated circuit).
- c.High bandwidth memory (HBM) having a 'memory bandwidth density' greater than 2 gigabytes per second per square millimeter.
Control Reasons Explained
This ECCN is controlled for the following reasons. Each reason maps to a column on the Commerce Country Chart, which determines whether a license is required for a given destination.
- RSRegional Stability
- Items that could destabilize regions through conventional-arms build-up. Review RS columns on the Commerce Country Chart.
- ATAnti-Terrorism
- Basic anti-terrorism controls that apply to most items on the CCL. A license is required for exports to countries designated as state sponsors of terrorism.
Common Questions About 3A090
What does ECCN 3A090 cover?
ECCN 3A090 is an entry on the Commerce Control List (Electronics). The List of Items Controlled below describes the products, software, or technology captured by this classification. Compare your item against those parameters when self-classifying.
How do license requirements work for this ECCN?
License need depends on the control reasons shown for this code (for example NS, RS, MT, AT), the destination country, and how your transaction maps against the Commerce Country Chart, de minimis, and other EAR provisions. This page is a research aid only. Confirm against the current rule text and your specific facts before exporting.
Where is the official text for this ECCN?
The legal text appears in Supplement No. 1 to part 774 of the Export Administration Regulations (15 CFR Part 774). Use the official BIS link on this page to open the current supplement entry for this ECCN.
What if my product matches more than one ECCN?
When several ECCNs appear to fit, the controlling entry is usually the one that is most specific to your item's form, function, or technical limits. Cross-references in the List of Items Controlled and related ECCNs listed on this page are common starting points for narrowing the choice.
How often should I re-check this classification?
The Commerce Control List changes when BIS publishes new or amended rules. Revisit the official entry when regulations update, when the product's technical parameters change, or when the destination, end-user, or end-use of a transaction changes.
What do the control reason codes mean?
Each control reason (NS, RS, MT, AT, etc.) maps to a column on the Commerce Country Chart in Supplement No. 1 to part 738 of the EAR. When a control reason applies to your ECCN and the destination country has an X in that column, a license is generally required unless an exception applies. See the Control Reasons Explained section on this page for details on each code.