The Bureau of Industry and Security (BIS) has posted the second round of product inclusion requests for steel and aluminum derivatives under Section 232 tariffs. Ninety-five requests were submitted to the Department of Commerce for review, each proposing new Harmonized Tariff Schedule of the United States (HTSUS) subheadings for potential derivative classification.
WHAT IS THE PURPOSE OF THE DERIVATIVE REQUEST PROCESS?
The derivative inclusion process allows the Department of Commerce to capture products that are manufactured from, or heavily dependent on, covered steel or aluminum materials. It is intended to ensure consistent national security-based treatment of derivative goods and prevent circumvention of existing Section 232 tariffs.
HOW SHOULD STAKEHOLDERS SUBMIT COMMENTS?
The release of these requests begins a two-week public comment period, with comments on each submission due to BIS by October 21, 2025. After the comment period closes, BIS will evaluate each proposal and determine whether the products meet the statutory criteria for inclusion under Section 232 of the Trade Expansion Act of 1962.
The review schedule is expected to follow the first round of requests, which opened in May 2025. That process resulted in 407 of 467 subheadings being added to the Section 232 tariff list. Those inclusions were published in the Federal Register and became effective August 18, 2025.
Interested parties must submit comments through the Federal eRulemaking Portal under Docket BIS-2025-0021. Each comment should identify the specific product request by title or docket number and include supporting data, such as trade volumes, technical descriptions, and evidence of domestic production or reliance.
BIS advises commenters not to include confidential business information in the public submission. Stakeholders wishing to provide business-confidential information should follow the instructions in the Federal Register notice for submitting a parallel non-public version.
WHAT SHOULD IMPORTERS AND EXPORTERS DO IN RESPONSE TO THE NEW REQUESTS?
Importers and exporters should promptly review the list of 95 requests to determine whether their products may be affected.
Recommended steps include:
- Reviewing the BIS docket and Federal Register notices for detailed product descriptions and HTSUS references.
- Submitting comments, supporting documentation, or economic impact data by October 21, 2025.
- Coordinating with Customs brokers to prepare for potential HTSUS revisions.
- Identifying sourcing and production dependencies that could be subject to reclassification.
- Preparing compliance teams for possible adjustments to entry filings once final determinations are published.
BIS and the Department of Commerce are expected to issue final inclusion determinations later this year. Approved additions will then be reflected in the Harmonized Tariff Schedule of the United States (HTSUS) as new Chapter 99 provisions.
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