[Code of Federal Regulations]
[Title 15, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR713.5]

[Page 133-134]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE
 
PART 713--ACTIVITIES INVOLVING SCHEDULE 2 CHEMICALS--Table of Contents
 
Sec. 713.5  Advance declaration requirements for additionally planned production, processing, or consumption of Schedule 2 chemicals.

    (a) Declaration requirements for additionally planned activities. 
(1) You must declare additionally planned production, processing, or 
consumption of Schedule 2 chemicals after the annual declaration on 
anticipated activities for the next calendar year has been delivered to 
BIS if:
    (i) You plan that a previously undeclared plant on your plant site 
under Sec. 713.3(a)(1)(iii) will produce, process, or consume a Schedule 
2 chemical above the applicable declaration threshold;
    (ii) You plan to produce, process, or consume at a plant declared 
under Sec. 713.3(a)(1)(iii) an additional Schedule 2 chemical above the 
applicable declaration threshold;
    (iii) You plan an additional activity (production, processing, or 
consumption) at your declared plant above the applicable declaration 
threshold for a chemical declared under Sec. 713.3(a)(1)(iii);
    (iv) You plan to increase the production, processing, or consumption 
of a Schedule 2 chemical by a plant declared under Sec. 713.3(a)(1)(iii) 
from the amount exceeding the applicable declaration threshold to an 
amount exceeding the applicable inspection threshold (see 
Sec. 716.1(b)(2));
    (v) You plan to change the starting or ending date of anticipated 
production, processing, or consumption declared under 
Sec. 713.3(a)(1)(iii) by more than three months; or
    (vi) You plan to increase your production, processing, or 
consumption of a Schedule 2 chemical by a declared plant site by 20 
percent or more above that declared under Sec. 713.3(a)(1)(iii).
    (2) If you must submit a declaration on additionally planned 
activities because you plan to engage in any of the activities listed in 
paragraphs (a)(1) (i) through (vi) of this section, you should also 
declare changes to your declaration relating to the following 
activities. You do not have to submit an additionally planned 
declaration if you are only changing the following non-quantitative 
activities:
    (i) Changes to the plant's production capacity;
    (ii) Changes or additions to the product group codes for the plant 
site or the plant(s);
    (iii) Changes to the plant's activity status (i.e., dedicated, 
multipurpose, or other status);
    (iv) Changes to the plant's multipurpose activities;
    (v) Changes to the plant site's status relating to domestic transfer 
of the chemical;
    (vi) Changes to the plant site's purposes for which the chemical 
will be produced, processed or consumed; or
    (vii) Changes to plant site's status relating to exports of the 
chemical or the addition of new countries for export (not to exceed 10 
countries).
    (b) Declaration forms to be used. If you are required to declare 
additionally planned activities pursuant to paragraph (a) of this part, 
you must complete the Certification Form and Forms 2-1, 2-2, 2-3, and 2-
3C as appropriate. Such forms are due to BIS at

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least 15 days prior to beginning the additional activity.