Commodity Jurisdiction Determination Form - Information Collection Request
Summary
The Department of State's Directorate of Defense Trade Controls is requesting public comments on a renewal of Form DS-4076 for commodity jurisdiction determinations. The form, used pursuant to ITAR § 120.4, allows respondents to request DDTC to determine whether articles or services are covered by the U.S. Munitions List. Comments are due April 30, 2026.
What changed
The Department of State has submitted a notice to the Office of Management and Budget requesting renewal of the currently approved Form DS-4076 (Commodity Jurisdiction Determination Form) under OMB Control No. 1405-0163. The form is used pursuant to ITAR § 120.4 to request DDTC determinations on whether articles or services are covered by the U.S. Munitions List. DDTC estimates 300 respondents with a total burden of 1,200 hours (4 hours per response). The notice is a 30-day public comment period ending April 30, 2026.
This is a routine information collection renewal with no new substantive requirements. The obligation to respond is voluntary. Regulated parties who may need commodity jurisdiction determinations should consider submitting comments by April 30, 2026 if they have feedback on the form's clarity, burden estimates, or any other aspect. No compliance deadline applies beyond the comment period, and no penalties are associated with this notice.
What to do next
- Submit comments to OMB/Regulations.gov by April 30, 2026 if you wish to provide feedback on the Form DS-4076 information collection
Source document (simplified)
Content
ACTION:
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
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. [FR Doc. 2026-06211 Filed 3-30-26; 8:45 am] BILLING CODE 4710-25-P
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