[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]]
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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.
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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
[email protected] regarding provisions in this rule specific to
steel inclusion requests and [email protected] 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
[email protected]. 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
[email protected];
(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