[Federal Register Volume 86, Number 184 (Monday, September 27, 2021)]
[Notices]
[Pages 53277-53278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20903]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

[Docket No. 210902-0176]
RIN 0694-XC083


Notice of Request for Public Comments on Section 232 National 
Security Investigation of Imports of Neodymium-Iron-Boron (NdFeB) 
Permanent Magnets

AGENCY: Bureau of Industry and Security, Office of Technology 
Evaluation, U.S. Department of Commerce.

ACTION: Notice of request for public comments.

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SUMMARY: On September 21, 2021, the Secretary of Commerce (Secretary) 
initiated an investigation to determine the effects on the national 
security from imports of neodymium-iron-boron (NdFeB) permanent magnets 
(sometimes referred to as neodymium magnets, neo magnets, or rare earth 
magnets). This investigation has been initiated under section 232 of 
the Trade Expansion Act of 1962, as amended. While the Department is 
interested in any information related to this investigation that the 
public can provide, this notice identifies particular issues of 
significance.

DATES: Interested parties are invited to submit written comments, data, 
analyses, or other information pertinent to the investigation to the 
Department of Commerce's (Department) Bureau of Industry and Security 
by November 12, 2021. The due date for filing comments is November 12, 
2021.

ADDRESSES: Submissions: You may submit comments, identified by docket 
number BIS 2021-0035 or RIN 0694-XC083, through the Federal eRulemaking 
Portal: http://www.regulations.gov. To submit comments via https://

[[Page 53278]]

www.regulations.gov, enter docket number BIS-2021-0035 on the home page 
and click ``search.'' The site will provide a search results page 
listing all documents associated with this docket. Find a reference to 
this notice and click on the link entitled ``Comment Now!'' (For 
further information on using https://www.regulations.gov, please 
consult the resources provided on the website by clicking on ``How to 
Use This Site.'')

FOR FURTHER INFORMATION CONTACT: David Boylan, Industrial Studies 
Division, Bureau of Industry and Security, U.S. Department of Commerce, 
(202) 482-0194, [email protected]. For more information about the 
section 232 program, including the regulations and the text of previous 
investigations, please see www.bis.doc.gov/232.

SUPPLEMENTARY INFORMATION:

Background

    On September 21, 2021, the Secretary initiated an investigation 
under section 232 of the Trade Expansion Act of 1962, as amended (19 
U.S.C. 1862), to determine the effects on the national security from 
imports of NdFeB permanent magnets. Numerous critical national security 
systems rely on NdFeB permanent magnets, including fighter aircraft and 
missile guidance systems. In addition, NdFeB permanent magnets are 
essential components of critical infrastructure, including electric 
vehicles and wind turbines. The magnets are also used in computer hard 
drives, audio equipment, and MRI devices. If the Secretary finds that 
NdFeB permanent magnets are being imported into the United States in 
such quantities or under such circumstances as to threaten to impair 
the national security, the Secretary shall so advise the President in 
her report on the findings of the investigation.

Written Comments

    This investigation is being undertaken in accordance with part 705 
of the National Security Industrial Base Regulations (15 CFR parts 700 
to 709) (``NSIBR''). Interested parties are invited to submit written 
comments, data, analyses, or information pertinent to this 
investigation to the Department's Office of Technology Evaluation no 
later than November 12, 2021.
    The Department is particularly interested in comments and 
information directed to the criteria listed in Sec.  705.4 of the NSIBR 
as they affect national security, including the following:
    (i) Quantity of or other circumstances related to the importation 
of NdFeB permanent magnets;
    (ii) Domestic production and productive capacity needed for NdFeB 
permanent magnets to meet projected national defense requirements;
    (iii) Existing and anticipated availability of human resources, 
products, raw materials, production equipment, and facilities to 
produce NdFeB permanent magnets;
    (iv) Growth requirements of the NdFeB permanent magnets industry to 
meet national defense requirements and/or requirements for supplies and 
services necessary to assure such growth including investment, 
exploration, and development;
    (v) The impact of foreign competition on the economic welfare of 
the domestic NdFeB permanent magnets industry;
    (vi) The displacement of any domestic NdFeB permanent magnets 
production causing substantial unemployment, decrease in the revenues 
of government, loss of investment or specialized skills and productive 
capacity, or other serious effects;
    (vii) Relevant factors that are causing or will cause a weakening 
of our national economy; and
    (viii) Any other relevant factors, including the use and importance 
of NdFeB permanent magnets in critical infrastructure sectors 
identified in Presidential Policy Directive 21 (Feb. 12, 2013) (for a 
listing of those 16 sectors see https://www.dhs.gov/cisa/critical-infrastructure-sectors).

Requirements for Written Comments

    The https://www.regulations.gov website allows users to provide 
comments by filling in a ``Type Comment'' field, or by attaching a 
document using an ``Upload File'' field. The Department prefers that 
comments be provided in an attached document. The Department prefers 
submissions in Microsoft Word (.doc) or Adobe Acrobat (.pdf). If the 
submission is in an application format other than those two, please 
indicate the name of the application in the ``Type Comment'' field. 
Please do not attach separate cover letters to electronic submissions; 
rather, include any information that might appear in a cover letter in 
the comments themselves. Similarly, to the extent possible please 
include any exhibits, annexes, or other attachments in the same file 
(as part of the submission itself) rather than in separate files. 
Comments will be placed in the docket and open to public inspection, 
except information determined to be confidential as set forth in Sec.  
705.6 of the NSIBR. Comments may be viewed on https://www.regulations.gov by entering docket number BIS-2021-0035 in the 
search field on the home page.
    Material submitted by members of the public that is properly marked 
business confidential information and accepted as such by the 
Department will be exempted from public disclosure as set forth in 
Sec.  705.6 of the NSIBR. All filers using the portal should use the 
name of the person or entity submitting comments as the name of their 
files, in accordance with the instructions below. Anyone submitting 
business confidential information should clearly identify the business 
confidential portion at the time of submission, file a statement 
justifying nondisclosure and referring to the specific legal authority 
claimed, and also provide a non-confidential version of the submission 
in a separate file.
    For comments submitted electronically containing business 
confidential information, the file name of the business confidential 
version should begin with the characters ``BC.'' Any page containing 
business confidential information must be clearly marked ``BUSINESS 
CONFIDENTIAL'' on the top of that page. The corresponding non-
confidential version of those comments must be clearly marked 
``PUBLIC.'' The file name of the non-confidential version should begin 
with the character ``P.'' The ``BC'' and ``P'' should be followed by 
the name of the person or entity submitting the comments or rebuttal 
comments. Any submissions with file names that do not begin with a 
``BC'' or ``P'' will be assumed to be public and will be made publicly 
available through http://www.regulations.gov.
    The Bureau of Industry and Security does not maintain a separate 
public inspection facility. Requesters should first view the Bureau of 
Industry and Security web page, which can be found at https://efoia.bis.doc.gov/ (see the link to the Index of Documents under the 
``Electronic FOIA'' heading on the web page). If requesters cannot 
access the website, they may call 202-482-0795 for assistance. The 
records related to this assessment are made accessible in accordance 
with the regulations published in part 4 of title 15 of the Code of 
Federal Regulations (15 CFR 4.1 et seq.).

Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2021-20903 Filed 9-24-21; 8:45 am]
BILLING CODE 3510-33-P