BIS Taking Requests For New Derivative Products To Include Under Section 232
As the law firm Crowell reported, the U.S. Bureau of Industry and Security (BIS) has opened a window to submit requests to include additional derivative products under the Trump administration’s Section 232 steel and aluminum tariffs. The window opened on Sept. 15, 2025 and is set to close on Sept. 29, 2025, at 11:59 p.m. (EST). Requests are required to include information regarding the derivative product and tariff classification for any inclusion request and are to be submitted to the Defense Industrial Base Programs inbox at [email protected].
As Crowell explained, after the elapse of the inclusion request window, BIS will post the comments in a docket on regulations.gov for opposition or support comments on the requested inclusion. The period for those comments will last two weeks. Following the two-week window for opposition or support comments, BIS will review and consider the submission over a 60-day period. If an inclusion request is granted, BIS will announce the approved inclusion via a Federal Register notice and will post a decision memo on the regulations.gov docket.
“Parties wishing to challenge the legal sufficiency of the inclusion process, or the basis for inclusion of a downstream manufactured product in the ‘steel derivatives’ list, must take steps to present arguments in opposition during the comment window period, or risk losing the opportunity to mount a court challenge to the tariffs for failing to first exhaust administrative remedies,” Crowell advised.
Read the BIS’s notice at this link.
As a reminder, MSCI presents all information regarding the Section 232 tariffs for its members’ information only.
In the past, MSCI consistently has argued that global overcapacity and other unfair trading practices, particularly by China, have harmed the U.S. steel and aluminum markets. To address this circumvention, in 2017 MSCI advised federal officials to provide relief for producers up and down the supply chain and to consider the consequences of any new trade policy, including: the economic impact of global overcapacity on the entire domestic metals supply chain; transition times and implementation rules to any new policy; availability of domestic metals to meet U.S. national security needs, as well as general industrial and consumer demand; and trade flows under current free trade agreements, including the United States Mexico Canada Agreement (USMCA).
MSCI also asked that Canada and Mexico be excluded from any trade penalties. Click here to review all of MSCI’s advocacy on Section 232 tariffs.