91 FR 50756 · published 2026-08-06
· Commerce Department, Industry and Security Bureau
Mirrored from the Federal Register (retrieved 2026-08-08) —
the official copy is at federalregister.gov
(their site may ask for human verification).
This notice requests public comments on a proposal to include 14 additional derivative articles within the scope of the Section 232 duties on steel, aluminum, and copper: aluminum powder; brass-wind musical instruments and their parts and accessories; parts of welding machines and apparatus; floor safes; certain electric conductor cables; fire extinguishers; parts of heat exchange units; parts of certain hydraulic engines and motors; certain self-propelled cranes, mobile lifting frames, and straddle carriers; tanker trailers and semi- trailers; self-loading or self-unloading trailers and semi-trailers for agricultural purposes; certain other trailers and semi-trailers; and certain filled steel containers.
[Federal Register Volume 91, Number 150 (Thursday, August 6, 2026)]
[Notices]
[Pages 50756-50758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-15961]
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[Docket No. 260803-0182]
XRIN 0694-XC166
Request for Public Comments on the Proposed Implementation of
Duties on Additional Aluminum, Steel, and Copper Derivative Articles
Under Section 232
AGENCY: Bureau of Industry and Security, Office of Strategic Industries
and Economic Security, U.S. Department of Commerce.
ACTION: Notice.
SUMMARY: This notice requests public comments on a proposal to include
14 additional derivative articles within the scope of the Section 232
duties on steel, aluminum, and copper: aluminum powder; brass-wind
musical instruments and their parts and accessories; parts of welding
machines and apparatus; floor safes; certain electric conductor cables;
fire extinguishers; parts of heat exchange units; parts of certain
hydraulic engines and motors; certain self-propelled cranes, mobile
lifting frames, and straddle carriers; tanker trailers and semi-
trailers; self-loading or self-unloading trailers and semi-trailers for
agricultural purposes; certain other trailers and semi-trailers; and
certain filled steel containers.
DATES: Comments may be submitted at any time but must be received by
August 27, 2026.
ADDRESSES: Comments on this notice may be submitted to the Federal
rulemaking portal at: www.regulations.gov. The regulations.gov ID for
this notice is BIS-2026-0331. Please refer to XRIN 0694-XC166 in all
comments.
All filers using the portal 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 required 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. Material submitted by
members of the public that is business confidential information will be
exempted from public disclosure as provided for by 15 CFR 705.6 of the
regulations.
FOR FURTHER INFORMATION CONTACT: Stephen Astle, Director, Defense
Industrial Base Division, Office of Strategic Industries and Economic
Security, Bureau of Industry and Security, U.S. Department of Commerce,
(202) 482-4506, [email protected]. For more information
about the Section 232 program, see www.bis.doc.gov/232.
SUPPLEMENTARY INFORMATION:
Background
On April 2, 2026, the President issued the Presidential
Proclamation Strengthening Actions Taken to Adjust Imports of Aluminum,
Steel, and Copper into the United States (Proclamation 11021 of April
2, 2026) (91 FR 18201).
Proclamation 11021 (the Proclamation) authorized the Secretary of
Commerce (the Secretary) and the United States Trade Representative
(Trade Representative) to include additional derivative articles within
the scope of the tariffs imposed pursuant to Proclamation 9704, as
amended; Proclamation 9705, as amended; or Proclamation 10962 whenever
they jointly determine that imports of a derivative aluminum, steel, or
copper article have increased in a manner that threatens to impair the
national security; contribute to the national security threats found in
Proclamation 9704, Proclamation 9705, or Proclamation 10962; or
otherwise undermine the objectives of the actions taken to address the
national security threats found in Proclamation 9704, Proclamation
9705, or Proclamation 10962. In determining whether to include
additional derivative articles within the scope of the tariffs, the
Secretary and the Trade Representative may solicit information,
feedback, recommendations, or other relevant materials from domestic
producers, industry associations, or other interested parties.
This notice proposes additional derivative articles to be added to
the scope of the Section 232 Aluminum, Steel, and Copper Tariffs
pursuant to Proclamation 11021. Information available to Commerce
indicates that imports of the following derivative articles tend to be
composed predominately of aluminum, steel, and/or copper by weight, and
that imports threaten to undermine the objectives of the actions taken
to address the national security threats the President announced he had
found in Proclamation 9704, Proclamation 9705, and Proclamation 10962.
They include:
Aluminum powder of a non-lamellar structure (HTSUS
7603.10.0000)
Brass-wind musical instruments and parts and accessories
thereof (HTSUS 9205.10.0000 and 9209.99.4080)
Parts of welding machines and apparatus (HTSUS 8515.90.2000)
Free-standing floor safes classifiable in HTSUS 8303.00.0000
Electric conductor cables (HTSUS 8544.49.2000, 8544.49.3040,
8544.49.3080, and 8544.60.4000)
Fire extinguishers (HTSUS 8424.10.0000)
Parts of heat exchange units (HTSUS 8419.90.3000)
Parts of linear acting hydraulic power engines and motors
(HTSUS 8412.90.9005)
Mobile lifting frames on tires and straddle carriers (HTSUS
8426.12.0000)
Other self-propelled cranes and mobile lifting frames (HTSUS
8426.41.0090)
Tanker trailers and tanker semi-trailers (HTSUS 8716.31.00)
Self-loading or self-unloading trailers and semi-trailers for
agricultural purposes (HTSUS 8716.20.00)
Other trailers and semi-trailers (HTSUS 8716.40.00)
Filled steel containers of the following chemicals and related
items:
[cir] Propane, liquefied, other than minimum purity of 90 liquid
volume percent (HTSUS 2711.12.0020)
[cir] Oxygen (HTSUS 2804.40.0000)
[cir] Propene (propylene) (HTSUS 2901.22.0000)
Commerce proposes that, if included within the scope of tariffs,
all of these products would generally be subject to the 25 percent
tariff outlined in clause (3) of Proclamation 11021, except for mobile
lifting frames on tires and straddle carriers, other self-propelled
cranes and mobile lifting frames, self-loading or self-unloading
trailers and semi-trailers for agricultural purposes, and filled steel
containers and related items for the above-listed chemicals. Commerce
proposes that the specified self-propelled cranes, mobile lifting
frames, and straddle carriers would generally be subject to the rates
of duty prescribed in clauses (2) and (3) of Proclamation 11032 of June
1, 2026 (Further Adjusting the Tariff Regimes for Imports of Aluminum,
Steel, and Copper Into the United States) because they are a type of
mobile industrial equipment. Commerce proposes that self-loading or
self-unloading trailers and semi-trailers for agricultural purposes
would generally be subject to the 15 percent tariff outlined in clause
(5) of Proclamation 11021 because it is a type of agricultural
equipment. Commerce proposes that filled steel containers and related
items for the above-specified chemicals would generally be subject to
the 50 percent tariff outlined in clause (2) of Proclamation 11021,
because those containers--when imported unfilled--are subject to the
same tariff rate; this tariff would only apply to the value of
the metal container and would not apply to the value of a filled
container's contents.
Written Comments
The Bureau of Industry and Security (BIS) is seeking public
comments on this proposal to include the above derivative articles in
the scope of section 232 duties imposed under Proclamations 11021 and
11032. Interested parties are invited to submit written comments, data,
analyses, or other information pertinent to this notice to the Office
of Strategic Industries and Economic Security, U.S. Department of
Commerce. See the ADDRESSES section of this notice for requirements on
submitting comments. The Department is particularly interested in
comments and information on the following: (i) the aluminum, steel,
and/or copper intensity of these products, (ii) whether imports of the
products are of such volume as to undermine national security, (iii)
the extent to which domestic production of the products can meet
domestic demand, (iv) the effect on the economy, including domestic
industry, if the products are included as derivative articles, and (v)
any other relevant factors.
Although BIS is providing opportunity for public comment, the
provisions of the Administrative Procedure Act (APA) (5 U.S.C. 553)
requiring notice of proposed rulemaking and the opportunity for public
comment, are inapplicable because this notice involves a military
function of the United States (5 U.S.C. 553(a)(1)). Steel, aluminum,
and copper, as well as certain steel, aluminum, and copper 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 and cited in Proclamations
9704, 9705, and 10962, steel, aluminum, and copper 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.
Therefore the President ordered adjustments of imports to protect U.S.
national security interests by identifying derivative products on which
tariffs must be imposed in order to protect the U.S. defense industrial
base. The U.S. defense industrial base is critical to protecting U.S.
national security interests. However, because public input may help to
better inform the decision-making process and final determinations, BIS
is providing this opportunity for public comment.
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.
Jessica Curyto,
Deputy Assistant Secretary for Technology Security.
[FR Doc. 2026-15961 Filed 8-4-26; 8:45 am]
BILLING CODE 3510-33-P
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