    [Federal Register Volume 90, Number 84 (Friday, May 2, 2025)]
    [Rules and Regulations]
    [Pages 18780-18785]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 2025-07676]

    [[Page 18780]]

    =======================================================================
    -----------------------------------------------------------------------

    DEPARTMENT OF COMMERCE

    Bureau of Industry and Security

    15 CFR Part 705

    [Docket No. 250428-0073]
    RIN 0694-AK13

    Adoption and Procedures of the Section 232 Steel and Aluminum
    Tariff Inclusions Process

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

    ACTION: Interim final rule.

    -----------------------------------------------------------------------

    SUMMARY: On February 10, 2025, the President issued Proclamations
    10895, ``Adjusting Imports of Aluminum into The United States''
    (Aluminum Proclamation), and 10896, ``Adjusting Imports of Steel into
    the United States'' (Steel Proclamation), imposing specified rates of
    duty on imports of aluminum and steel articles and certain derivative
    steel and aluminum articles, respectively (collectively, the Inclusions
    Proclamations). The Inclusions Proclamations also required the
    Secretary of Commerce to establish a process for including additional
    derivative aluminum and steel articles within the scope of the ad
    valorem duties. The Bureau of Industry and Security (BIS), in this
    interim final rule (IFR), establishes the process for including
    additional derivative aluminum and steel articles within the scope of
    the ad valorem duties authorized by the President under Section 232 of
    the Trade Expansion Act of 1962, as amended (Section 232). This IFR
    also removes the aluminum and steel exclusions process authorized by
    clause 3 of the March 18, 2018, Presidential Proclamations 9704 and
    9705 (collectively, the Exclusions Proclamations).

    DATES: This rule is effective April 30, 2025. Comments on this interim
    final rule must be received by BIS no later than June 16, 2025.

    ADDRESSES: Public comments are to be made via https://www.regulations.gov/docket/BIS-2025-0023. The regulations.gov ID for
    this rule is: BIS-2025-0023. Please refer to RIN 0694-AK13 in all
    comments. All filers submitting comments in regulations.gov should use
    the name of the person or entity submitting the 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 provide a non-confidential version of the
    submission.
        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.'' Any submissions with file names that do not
    begin with either a ``BC'' or a ``P'' will be assumed to be public and
    will be made publicly available at: https://www.regulations.gov.
    Commenters submitting business confidential information are encouraged
    to scan a hard copy of the non-confidential version to create an image
    of the file, rather than submitting a digital copy with redactions
    applied, to avoid inadvertent redaction errors which could enable the
    public to read business confidential information.

    FOR FURTHER INFORMATION CONTACT: For questions regarding this interim
    final rule, contact Stephen Astle at 202-482-2533, or email
    Steel232@bis.doc.gov regarding provisions in this rule specific to
    steel inclusion requests and Aluminum232@bis.doc.gov regarding
    provisions in this rule specific to aluminum inclusion requests.

    SUPPLEMENTARY INFORMATION:

    I. Background

    A. Section 232 and Adjustments of Imports of Aluminum and Steel

        On February 10, 2025, the President issued Proclamation 10895
    ``Adjusting Imports of Aluminum into the United States'', and
    Proclamation 10896 ``Adjusting Imports of Steel into the United
    States'' which imposed a 25 percent ad valorem tariff on imports of
    aluminum and steel articles and certain derivative steel and aluminum
    articles, respectively. These Inclusions Proclamations terminated the
    aluminum and steel exclusions process as authorized in the clause 3 of
    Proclamation 9705, clause 1 of Proclamation 9777, and clause 2 of
    Proclamation 9980, as well as a number of country exemptions and
    alternative arrangements to the steel and aluminum duties implemented
    in subsequent Presidential Proclamations. The Inclusions Proclamations
    also required the Secretary of Commerce (the Secretary) to establish
    within 90 days a process for including additional derivative aluminum
    and steel articles within the scope of the ad valorem duties proclaimed
    in Exclusion Proclamations, Presidential Proclamation 9704,
    Proclamation 9705, Proclamation 9980, clause 4 of the Proclamation
    10896, and clause 5 of Proclamation 10895, respectively.
        Section 232 of the Trade Expansion Act of 1962, as amended (19
    U.S.C. 1862), provides authority for the Department of Commerce
    (Commerce) to conduct investigations to determine the effects of
    imports of an article on the national security of the United States and
    authorizes the President to adjust the imports of the article and its
    derivatives based on such an investigation and affirmative
    determination by the Department of Commerce that the article is being
    importing into the United States in such quantities or under such
    circumstances as to threaten to impair the national security of the
    United States. The Department of Commerce previously concluded Section
    232 investigations into imports of steel and aluminum articles in 2018
    that led to the implementation of the Section 232 Steel and Aluminum
    Duties in the Exclusions Proclamations. These duties were extended to
    apply to imports of certain derivative steel and aluminum articles in
    Presidential Proclamation 9980 of January 29, 2020, as well as
    Presidential Proclamations 10895 and 10896 of February 10, 2025.
        Presidential Proclamations 10895 and 10896 set several requirements
    for the Department of Commerce to include certain derivative articles
    of steel and aluminum under the Section 232 Steel and Aluminum Duties
    established by the Exclusions Proclamations. It authorizes the
    Secretary to include additional derivative steel or aluminum articles
    within the scope of the tariffs unilaterally, or at the request of a
    producer of steel or aluminum articles or derivative articles within
    the United States, or an industry association representing one or more
    such producers. Applications for the inclusion of derivative articles
    must establish that imports of a derivative article have increased in a
    manner that threatens to impair the national security of the United
    States or otherwise undermine the objectives set forth in the 2018
    Section 232 investigations or any Proclamations issued pursuant
    thereto. The Inclusions Proclamations direct that the Secretary of
    Commerce shall issue a determination on any such request within 60 days
    of its receipt by the Department.

    [[Page 18781]]

    B. Purpose of This IFR

        BIS is publishing this IFR to establish the Section 232 inclusions
    process, as required by the Inclusions Proclamations. The Inclusions
    Proclamations direct that this process shall be established within 90
    days, meaning no later than May 10, 2025.
        This interim final rule serves two functions. First, this IFR
    establishes the Section 232 inclusions process. Second, this IFR makes
    conforming edits to remove the Section 232 aluminum and steel
    exclusions process regulatory provisions because that process is no
    longer in effect as of February 10, 2025, so those regulatory
    provisions are no longer needed.

    C. Submitting Public Comments on This Interim Final Rule

        The comment submission process on this IFR is separate and distinct
    from the comment submission process for the inclusion requests. For
    submitting comments on this IFR in regulations.gov, follow the
    instructions as specified in the ADDRESSES section of this IFR. For
    submitting comments on inclusion requests, please follow the
    instructions as provided in the regulatory text.

    II. Amendments To Establish the Section 232 Inclusions Process

    A. Submission Phase

        BIS will establish a submissions window to receive aluminum and
    steel derivative inclusion requests from industry during two-week
    submission windows opening three times annually at the beginning of
    each May, September, and January, with the first such window to open on
    May 1, 2025. Submissions of inclusions requests must be submitted in
    PDF format via the Defense Industrial Base Programs inbox at
    DIBPrograms@bis.doc.gov. For the request to be considered valid, the
    requestor must provide the following in their request:
         Clear identification of the applicant (i.e., individual,
    company, or trade association);
         A precise definition of the derivative article;
         The eight or ten-digit HTSUS classification requested to
    be included in the scope of the ad valorem tariffs;
         An explanation of why the article is a steel or aluminum
    derivative article, including, to the extent practicable, information
    on the total value of the article's steel and/or aluminum content as a
    share of the derivative article's total value;
         Pertinent information on the domestic industry affected;
         Statistics on imports and domestic production;
         A description of how and to what extent imports of the
    derivative article threaten to impair the national security or
    otherwise undermine the objectives set forth in the 2018 Steel and
    Aluminum Section 232 investigation reports or related Inclusions
    Proclamations;
         Any business confidential submissions must also include a
    non-confidential public version; and
         All information submitted must be limited to 30 pages
    inclusive of all attachments.
        BIS will review the received requests on a rolling basis during the
    two-week submission window to validate that the received requests
    contain all the required elements and do not exceed the page
    limitation. In the instance where the requestor did not include all the
    required elements or improperly filed the submission, at the discretion
    of the Under Secretary for Industry and Security, the requestor will be
    granted a 48-hour window to ensure a proper filing. The use of fixed
    submission windows will provide predictability to industry and will be
    the most efficient use of BIS resources given the short timeframes to
    secure and process public comments and provide recommendations.

    B. Review and Public Comment Phase

        BIS will publicly post non-confidential versions of all valid
    requests for a 14-day public comment window on regulations.gov after
    the conclusion of the two-week submission window. Collecting public
    comments will ensure a transparent, complete, and legally robust
    process for conducting analysis and making final determinations of
    derivative inclusion requests. This action will also represent
    confirmation of receipt and acceptance by the Department of Commerce,
    initiating the 60-day timeline for processing derivative inclusion
    requests as directed in the Inclusions Proclamations. BIS will begin
    analysis of each accepted inclusion request concurrent with the start
    of the public comment window. Each inclusion request will be assessed
    for: (1) whether the described product at the eight- or ten-digit HTSUS
    classification is a derivative steel or aluminum article; and (2)
    whether such derivative article imports have increased in a manner that
    threatens to impair the national security or otherwise undermine the
    objectives set forth in the Section 232 investigation reports or
    related Inclusions Proclamations.

    C. Where and How To Submit Public Comments

        Public comments on inclusion requests are to be submitted through
    the regulations.gov, ID BIS-2025-0023, at: https://www.regulations.gov/docket/BIS-2025-0023, through the Federal eRulemaking website at:
    https://www.regulations.gov, within the 14-day public comment window.
    No other submission methods are being used for submitting public
    comments for the inclusions process. This comment submission process
    for inclusion requests is separate and distinct from the process for
    submitting public comments on this IFR. To submit comments on this IFR,
    follow the instructions as specified in the ADDRESSES section of this
    IFR.

    D. Decision Phase

        With respect to each request, the Secretary or designee will sign a
    positive or negative determination. After the determination and
    signature, BIS will generate and publicly post a determination
    memorandum in regulations.gov for each inclusions request within 60
    days of receiving the requests that: (1) states whether the request was
    approved or denied; and (2) summarizes the rationale for making this
    determination. The date of signature on the determination memorandum
    must be prior to the close of the respective 60-day derivative
    inclusion processing period, as directed in the Inclusions
    Proclamations. A Federal Register notice will then be issued that
    modifies the Annexes to the Inclusions Proclamations with the included
    derivative products at the eight- to ten-digit HTSUS subheading. Duties
    on newly included derivative articles will take effect shortly
    thereafter through coordination with U.S. Customs and Border
    Protection.

    III. Removal of the Section 232 Exclusions Process and Related
    Provisions

        Since March 19, 2018, BIS has published five interim final rules
    (IFRs) that established and made various revisions to the Section 232
    exclusions process, as well as several Notices of Inquiry seeking
    public comment on certain aspects of the Section 232 exclusions
    process.
        On March 19, 2018, BIS issued an IFR, ``Requirements for
    Submissions Requesting Exclusions from the Remedies Instituted in
    Presidential Proclamations Adjusting Imports of Steel into the United
    States and Adjusting Imports of Aluminum into the United States; and
    the Filing of

    [[Page 18782]]

    Objections to Submitted Exclusion Requests for Steel and Aluminum'' (83
    FR 12106), establishing the Section 232 exclusions process in
    supplements no. 1 and 2 to 15 CFR part 705.
        On September 11, 2018, BIS issued a second IFR, ``Submissions of
    Exclusion Requests and Objections to Submitted Requests for Steel and
    Aluminum'' (83 FR 46026), which revised the exclusions process to
    increase transparency, fairness, and efficiency.
        On June 10, 2019, BIS issued a third IFR, ``Implementation of New
    Commerce Section 232 Exclusions Portal'' (84 FR 26751), that revised
    the two supplements to part 705 to grant the public the ability to
    submit new exclusion requests through the Section 232 Exclusions Portal
    while still allowing the opportunity for public comment on the portal.
        On May 26, 2020, BIS issued a notice of inquiry with request for
    comment, ``Notice of Inquiry Regarding the Exclusions Process for
    Section 232 Steel and Aluminum Import Tariffs and Quotas'' (85 FR
    31441), that sought public comment on the appropriateness of the
    information requested and considered in applying the exclusion criteria
    and the efficiency and transparency of the process employed.
        On December 14, 2020, BIS issued a fourth IFR, ``Section 232 Steel
    and Aluminum Tariff Exclusions Process'' (85 FR 81060), which
    established General Approved Exclusions (GAEs) to reduce the number of
    exclusion requests for products consistently found not to be produced
    in the United States, reducing the submission burden on both industry
    and the Section 232 exclusions process. This IFR identified 123 GAEs
    that had generally never received an objection or very few objections
    via the Section 232 exclusions process. GAEs are available to all
    would-be requestors for steel and aluminum products imported under 10-
    digit HTSUS classifications without quantity limit or expiration date.
        On December 9, 2021, BIS subsequently suspended 30 GAEs in its
    fifth IFR, ``Removal of Certain General Approved Exclusions Under the
    Section 232 Steel and Aluminum Tariff Exclusion Process'' (86 FR
    70003), on the Section 232 exclusions process because they were
    determined by BIS to no longer fit the criteria of a GAE.
        On January 3, 2022, Presidential Proclamations 10327 (87 FR 1) and
    10328 (87 FR 11) were published. These Proclamations implemented an
    understanding reached between the United States and the European Union
    including the establishment of tariff rate quotas for steel and
    aluminum articles imported from the European Union member countries.
    Proclamation 10328 also directed the Secretary of Commerce to seek
    public comment on the Section 232 exclusions process, including the
    responsiveness of the exclusions process to market demand and enhanced
    consultation with U.S. firms and labor organizations.
        On February 10, 2022, BIS published the notice, ``Request for
    Public Comments on the Section 232 Exclusions Process'' (87 FR 7777)
    (February 2022 Notice), as directed by Presidential Proclamation 10328.
    The February 2022 Notice sought public comment on a variety of topics
    regarding the responsiveness of the exclusions process to market demand
    and enhanced consultation with U.S. firms and labor organizations. The
    comment period closed in March 2022 and BIS received nearly 100
    comments.
        On August 28, 2023, BIS published its proposed rule, ``Revisions of
    the Section 232 Steel and Aluminum Exclusions Process'' (88 FR 58525)
    (August 2023 Proposed Rule). The August 2023 Proposed Rule proposed
    several revisions to the Section 232 exclusions process, including
    adjustments to the current criteria for identifying GAEs, the
    introduction of new General Denied Exclusions (GDEs), and the
    introduction of new certification requirements for both Requestors and
    Objectors. This proposed rule was not finalized prior to the issuance
    of the Inclusion Proclamations.
        Pursuant to the Inclusion Proclamations, this IFR makes conforming
    edits to remove the Section 232 aluminum and steel exclusions process
    regulatory provisions because that process is no longer in effect as of
    February 10, 2025, so those regulatory provisions are no longer needed.
        As additional conforming changes for the termination of the Section
    232 exclusions process, this IFR also removes supplement no. 2 to part
    705 (General Approved Exclusions (GAEs) for Steel Articles Under the
    Section 232 Exclusions Process) and supplement no. 3 (General Approved
    Exclusions (GAEs) for Aluminum Articles Under the Section 232
    Exclusions Process). These two supplements are no longer needed because
    of the termination of the Section 232 exclusions process.

    IV. Regulatory Changes

        The following revisions are made to supplement no.1 to part 705:
         An introductory paragraph is created explaining the
    background and establishment of the Section 232 aluminum and steel
    derivative inclusion process;
         Paragraph (a) is added to explain the scope of the
    aluminum and steel derivative process;
         Paragraph (b) is added to provide information on who may
    submit an inclusion request;
         Paragraph (c) is added to provide the timeframes for
    submitting inclusion requests. New paragraph (c) provides requestors
    with information on the submission windows of when to submit their
    requests;
         Paragraph (d) is added providing requestors information on
    where to submit inclusion requests, the general requirements for
    submitting an inclusion request, and the information required in the
    request;
         Paragraph (e) is added explaining to requestors the review
    process of received requests and the process for correcting invalid
    submissions;
         Paragraph (f) is added providing information on where and
    how to submit public comments;
         Paragraph (g) is added to provide information to
    requestors and commenters on the review and public comment phase;
         Paragraph (h) is added detailing the procedures BIS takes
    with determinations made regarding the inclusion requests; and
         Supplements nos. 2 and 3 are removed because they are no
    longer needed due to the termination of the Section 232 exclusions
    process.

    Rulemaking Requirements

        1. Executive Orders 13563 and 12866 direct agencies to assess all
    costs and benefits of available regulatory alternatives and, if
    regulation is necessary, to select regulatory approaches that maximize
    net benefits (including potential economic, environmental, public
    health and safety effects, distributive impacts, and equity). Executive
    Order 13563 emphasizes the importance of quantifying both costs and
    benefits, of reducing costs, of harmonizing rules, and of promoting
    flexibility. This IFR has been determined to be a ``significant
    regulatory action,'' although not economically significant, under
    section 3(f)(1) of Executive Order 12866. Pursuant to Proclamations
    10895 and 10896 of February 10, 2025, the establishment of procedures
    for an inclusions process under each Proclamation shall be published in
    the Federal Register. This IFR is exempt from Executive Order 14192
    because it is being issued with respect to a national security function
    of the United States.
        2. The Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
    (PRA)

    [[Page 18783]]

    provides that an agency generally cannot conduct or sponsor a
    collection of information, and no person is required to respond to nor
    be subject to a penalty for failure to comply with a collection of
    information, unless that collection has obtained Office of Management
    and Budget (OMB) approval and displays a currently valid OMB Control
    Number.
        The Department of Commerce requested and OMB authorized emergency
    processing of one information collection involved in this rule,
    consistent with 5 CFR 1320.13. Presidential Proclamations 10895 and
    10896 also required the Secretary of Commerce to establish within 90
    days a process for including additional derivative aluminum and steel
    articles within the scope of the ad valorem duties proclaimed in
    Proclamations 9704, 9705, 9980, and clause 4 of the Steel Proclamation
    and clause 5 of the Aluminum Proclamation, respectively and this
    interim final rule fulfills that direction. Presidential Proclamations
    10895 and 10896 set several requirements for the Department of Commerce
    to process petitions requesting the inclusion of certain derivative
    articles of steel and aluminum under the Section 232 Steel and Aluminum
    Duties established by Presidential Proclamations 9704 and 9705 in March
    2018. They state that the process shall provide for including
    additional derivative articles at the direction of the Secretary
    unilaterally, or at the request of a producer of steel or aluminum
    articles or derivative articles within the United States or an industry
    association representing one or more such producers. Applications for
    the inclusion of derivative articles must establish that imports of a
    derivative article have increased in a manner that threatens to impair
    the national security of the United States or otherwise undermine the
    objectives set forth in the 2018 Section 232 investigations or any
    Proclamations issued pursuant thereto. The Inclusions Proclamations
    direct that the Secretary of Commerce shall issue a determination on
    any such request within 60 days of its receipt by the Department of
    Commerce. The immediate implementation of an effective inclusions
    request process, consistent with the intent of the Inclusion
    Proclamations, also requires creating a process to allow any individual
    or organization in the United States to submit derivative inclusion
    requests and to submit comments in response to such derivative
    inclusion requests submitted by the public. The Department has
    determined the following conditions have been met:
        a. The collection of information is needed prior to the expiration
    of time periods normally associated with a routine submission for
    review under the provisions of the Paperwork Reduction Act in view of
    the Inclusions Proclamations, https://www.federalregister.gov/documents/2025/02/18/2025-02833/adjusting-imports-of-steel-into-the-united-states, and https://www.federalregister.gov/documents/2025/02/18/2025-02832/adjusting-imports-of-aluminum-into-the-united-states.
        b. The collection of information is essential to the mission of the
    Department, in particular to the adjudication of derivative inclusion
    requests.
        c. The use of normal clearance procedures would prevent the
    collection of information of derivative inclusions requests, for
    national security purposes, as discussed under section 232 of the Trade
    Expansion Act of 1962 as amended and the Inclusions Proclamations.
        Agency: Commerce Department.
        Type of Information Collection: New Collection.
        Title of the Collection: Inclusions to the Section 232 National
    Security Adjustments to Imports.
        Affected Public: Private Sector--Businesses.
        Total Estimated Number of Respondents: [100].
        Average Responses per Year: [1].
        Total Estimated Number of Responses: [100].
        Average Time per Response: 8 hours.
        Total Annual Time Burden: [800].
        Type of Information Collection: [New Collection].
        OMB Control Number: [0694-0146].
        3. This rule does not contain policies with Federalism implications
    as that term is defined in Executive Order 13132.
        4. The provisions of the Administrative Procedure Act (APA) (5
    U.S.C. 553) requiring notice of proposed rulemaking, the opportunity
    for public comment, and a delay in effective date are inapplicable
    because this regulation involves a military function of the United
    States (5 U.S.C. 553(a)(1)) because steel and aluminum, as well as
    certain steel and aluminum derivatives, are essential products for
    producing U.S. weapons that are vital for protecting U.S. national
    security. As explained in the reports submitted by the Secretary to the
    President, steel and aluminum are being imported into the United States
    in such quantities or under such circumstances as to threaten to impair
    the national security of the United States, and therefore the President
    is implementing these remedial actions (as described in the Inclusions
    Proclamations) to protect U.S. national security interests by
    identifying and imposing tariffs on derivative products to protect the
    U.S. defense industrial base. The U.S. defense industrial base is
    critical to protecting U.S. national security interests. For example,
    if there is only one defense contractor in the U.S. that makes a
    specialized aluminum derivative product used in nuclear submarines, and
    if there is a surge of imports of these aluminum derivative products or
    are dumped in the U.S. by an adversary, and if these imports are not
    subject to the tariffs for aluminum derivatives, these imports of
    aluminum derivatives may endanger the existence of this U.S. defense
    contractor. This poses a detriment to U.S. national security by
    potentially eliminating a supplier of items needed for U.S. defense
    purposes.
        That implementation includes the creation of an effective process
    by which affected domestic parties can submit inclusion requests based
    upon imports that ``threaten to impair the national security'' of the
    United States. BIS started this process with the publication of the
    imposition of the tariffs on steel and aluminum to protect critical
    U.S. national security interests. The tariffs have been implemented to
    ensure imports of steel and aluminum including certain derivative
    products do not impair the national security. The immediate
    implementation of this inclusion process, as directed by the President,
    is necessary to identify additional derivatives that warrant tariffs to
    protect U.S. national security interests. Specifically, delaying the
    adoption of these changes to solicit public comments would further
    delay the identification and imposition of tariffs on derivative
    products to protect U.S. national security, and ensure that steel and
    aluminum producers in the United States are able to supply the current
    and projected needs of the U.S. military and avoid the risk caused by
    overreliance on steel and aluminum manufacturers located outside of the
    United States.
        The Department of Commerce also finds that there is good cause to
    exempt this rule from the APA requirements for public notice and
    comment under 5 U.S.C. 553(b)(B) and delayed effective date under 5
    U.S.C. 553(d)(3) because it would be contrary to the public interest to
    have a notice and comment period or other delay prior to this action
    taking effect. Specifically, delaying adoption of

    [[Page 18784]]

    this inclusion process would further harm U.S. manufacturers by further
    delaying their ability to request relief from these imports that are
    damaging their companies and the U.S. defense industrial base in the
    process. The U.S. defense industrial base is critical to protecting
    U.S. national security and implementation of this inclusions process
    needs to be adopted as soon as possible in order to mitigate any
    potential national security threat that acts as a detriment to the
    public interest.
        5. Because neither the APA nor any other law requires an
    opportunity for public comment be given for this rule, the analytical
    requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
    are not applicable. Accordingly, no Final Regulatory Flexibility
    Analysis is required and none has been prepared.

    List of Subjects in 15 CFR Part 705

        Administrative practice and procedure, Business and industry,
    Classified information, Confidential business information, Imports,
    Investigations, National security.

        For the reasons set forth in the preamble, part 705 of subchapter A
    of 15 CFR chapter VII is amended as follows:

    PART 705--EFFECT OF IMPORTED ARTICLES ON THE NATIONAL SECURITY

    0
    1. The authority citation for part 705 continues to read as follows:

        Authority:  Section 232 of the Trade Expansion Act of 1962, as
    amended (19 U.S.C. 1862) and Reorg. Plan No. 3 of 1979 (44 FR 69273,
    December 3, 1979).

    0
    2. Supplement no. 1 to part 705 is revised to read as follows:

    Supplement No. 1 to Part 705--Requirements for Submissions Requesting
    Inclusions to the Adjustment of Imports of Aluminum and Steel Imposed
    Pursuant to Section 232 of the Trade Expansion Act of 1962, as Amended

        On March 8, 2018, the President issued Proclamations 9704 and 9705
    concurring with the findings of the January 11, 2018 reports of the
    Secretary of Commerce on the effects of imports of aluminum and steel
    mill articles (steel articles) on the national security and determining
    that adjusting aluminum and steel imports through the imposition of
    duties is necessary so that their imports will no longer threaten to
    impair the national security. On February 10, 2025, the President
    issued Proclamations 10895 ``Adjusting Imports of Aluminum into The
    United States'' (Aluminum Proclamation), and 10896 ``Adjusting Imports
    of Steel into the United States'' (Steel Proclamation), imposing
    specified rates of duty on imports of aluminum and steel, respectively
    (collectively, the Inclusions Proclamations). The Inclusions
    Proclamations also required the Secretary of Commerce to establish
    within 90 days a process for including additional derivative aluminum
    and steel articles within the scope of the ad valorem duties proclaimed
    in Proclamations 9704, 9705, 9980, and clause 4 of the Steel
    Proclamation and clause 5 of the Aluminum Proclamation, respectively.
    Presidential Proclamations 10895 and 10896 set several requirements for
    the Department of Commerce to process petitions requesting the
    inclusion of certain derivative articles of steel and aluminum under
    the Section 232 Steel and Aluminum Duties established by Presidential
    Proclamations 9704 and 9705 in March 2018. They state that the process
    shall provide for including additional derivative articles at the
    direction of the Secretary unilaterally, or at the request of a
    producer of steel or aluminum articles or derivative articles within
    the United States or an industry association representing one or more
    such producers. Applications for the inclusion of derivative articles
    must establish that imports of a derivative article have increased in a
    manner that threatens to impair the national security of the United
    States or otherwise undermine the objectives set forth in the 2018
    Section 232 investigations or any Proclamations issued pursuant
    thereto. The Inclusions Proclamations direct that the Secretary of
    Commerce shall issue a determination on any such request within 60 days
    of its receipt by the Department.
        (a) Scope. This supplement specifies the requirements and process
    for how directly affected parties located in the United States may
    submit requests for inclusions to the duties imposed by the President.
    This supplement also specifies the requirements and process for how
    parties in the United States may submit inclusion requests (both
    business confidential and public versions) and public comments in
    response to submitted inclusion requests for inclusion of aluminum and
    steel derivative articles in the duties or quantitative limitations
    imposed by the President (collectively, 232 submissions). This
    supplement also identifies the time periods for such submissions, the
    methods of submission, and the information that must be included in
    such submissions. This supplement also identifies the process for
    analysis of the submissions and public comments and the action taken
    upon the final determinations by the Secretary or designee.
        (b) Inclusion requests. Who may submit an inclusion request?
        (1) Producers of steel or aluminum articles or derivative articles
    within the United States; or
        (2) An industry association representing one or more such producers
    may submit inclusion requests.
        (c) Timeframe of submitting requests. The Bureau of Industry and
    Security (BIS) will open a submissions window to receive aluminum and
    steel derivative inclusion requests from industry during two-week
    submission windows three times annually at the beginning of each May,
    September, and January, with the first such window to open on May 1,
    2025.
        (d) Inclusion request requirements. For the request to be
    considered a valid request, the requestor must adhere to the following
    general requirements and provide the following:
        (1) Submission through Defense Industrial Base Programs inbox at
    DIBPrograms@bis.doc.gov;
        (2) Requests must be submitted in PDF format;
        (3) Limited to 30 pages inclusive of all attachments;
        (4) Any business confidential submissions must also include a non-
    confidential public version;
        (5) Clear identification of the applicant (i.e., individual,
    company, or trade association);
        (6) A precise definition of the derivative article;
        (7) The eight or ten-digit HTSUS designation that serves as the
    basis for the determination;
        (8) An explanation of why the article is a steel or aluminum
    derivative article; including, to the extent practicable, information
    on the total value of the article's steel and/or aluminum content as a
    share of the derivative article's total value;
        (9) Pertinent information on the domestic industry affected;
        (10) Statistics on imports and domestic production; and
        (11) A description of how and to what extent imports of the
    derivative article threaten to impair the national security or
    otherwise undermine the objectives set forth in the 2018 Steel and
    Aluminum Section 232 investigation reports or related Inclusions
    Proclamations.
        (e) BIS review of inclusion petition requests. BIS will review the
    received requests on a rolling basis during the two-week submission
    window to

    [[Page 18785]]

    validate that the received requests contain all the required elements
    and do not exceed the page limitation. In the instance where the
    requestor did not include all the required elements or improperly filed
    the submission, at the discretion of the Under Secretary for Industry
    and Security, the requestor will be granted a 48-hour window to
    resubmit a proper filing.
        (f) Where and how to submit public comments. (1) Where to submit?
    Public comments are to be made via regulations.gov via the
    regulations.gov ID BIS-2025-0023 at https://www.regulations.gov/docket/BIS-2025-0023. You may submit business confidential and public version
    public comments, identified by the regulations.gov ID BIS-2025-0023
    through the Federal eRulemaking website: https://www.regulations.gov.
    No other submission methods are being used for submitting public
    comments for the inclusions process. Follow the instructions for
    submitting public comments. All filers using the regulations.gov should
    use the name of the person or entity submitting the 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 provide a non-confidential version of the
    submission.
        (2) Business confidential submissions. 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 the
    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. 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 https://www.regulations.gov. Commenters
    submitting business confidential information are encouraged to scan a
    hard copy of the non-confidential version to create an image of the
    file, rather than submitting a digital copy with redactions applied, to
    avoid inadvertent redaction errors which could enable the public to
    read business confidential information.
        (g) Review and Public Comment Phase. BIS will publicly post non-
    confidential versions of all valid requests for a 14-day public comment
    window on https://regulations.gov after the conclusion of the two-week
    submission window. Members of the public will have the opportunity to
    comment on the inclusion requests submitted by parties. Collecting
    public comments ensures a transparent, complete, and legally robust
    process for conducting analysis and making final determinations of
    derivative inclusion requests. BIS will review all accepted inclusion
    requests and public comments.
        (h) Decision Phase. The Secretary or designee will sign a positive
    or negative determination. After the determination, BIS will, for each
    inclusions request, and, within 60 days of receiving the request,
    generate and publicly post on regulations.gov a determination
    memorandum that:
        (1) States whether the request was approved or denied, and
        (2) Summarizes the rationale for making this determination.
        (3) The date of signature on the determination memorandum must be
    prior to the close of the respective 60-day derivative inclusion
    processing period, as directed in the Inclusions Proclamations. A
    Federal Register notice will then be issued that modifies the Annexes
    to the Inclusions Proclamations with the included derivative products
    at the eight- to ten-digit HTSUS subheading. Duties on newly included
    derivative articles will take effect shortly thereafter through
    consultation with U.S. Customs and Border Protection.
        Supplement Nos. 2 and 3 to Part 705 [Removed]

    0
    3. Remove Supplement no. 2 and 3 to part 705.

    Eric Longnecker,
    Deputy Assistant Secretary for Technology Security.
    [FR Doc. 2025-07676 Filed 4-30-25; 8:45 am]
    BILLING CODE 3510-33-P