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:
  • Propane, liquefied, other than minimum purity of 90 liquid volume percent (HTSUS 2711.12.0020)
  • Oxygen (HTSUS 2804.40.0000)
  • 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 ( printed page 50758) 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.

91 FR 50756