Commerce Department Opens New Steel and Aluminum Section 232 Tariff Inclusions Process

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The US Department of Commerce Bureau of Industry and Security (BIS) has established a new “Inclusions Process” for US companies to request that BIS add new derivative products to the steel and aluminum Section 232 tariffs.1 Applicants will have three two-week windows every year to file the requests, followed by a two-week public comment window for stakeholders to review the requests. BIS would make the decisions on any tariff modifications within 60 days of the start of the public comment window. The action follows from President Trump’s February 10, 2025 proclamations expanding the Section 232 tariffs on steel and aluminum, which instructed BIS to create a process for adding other steel and aluminum derivative products to the tariffs.2

The first inclusion application window is now active. BIS opened the window for applications on May 1, posted the valid applications it received on May 20, and is accepting public comments on the applications until June 4. The deadline for BIS to decide on the applications will be on or around July 19, 2025. Any tariff changes will follow soon after.

The new steel and aluminum tariffs Inclusions Process

The BIS submission process will allow companies that produce steel or aluminum articles or derivative articles in the United States (or their industry association representative) to file applications that seek the addition of new derivative articles to the Section 232 tariffs. The applications 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.” BIS will accept the applications in scheduled submission windows and then post the applications for public review. After posting the applications, BIS will have 60 days to review and publish a determination. BIS will implement any tariff changes by publishing Federal Register Notices.

Application submission windows

BIS has established three two-week windows per year during which parties should submit the inclusion applications. The windows are in the first two weeks of May, September, and January.

The inclusion applications

Producers of steel or aluminum articles or derivative articles within the United States (or an industry association representing one or more such producers) can file applications to seek the inclusion of additional steel and aluminum derivative articles in the Section 232 tariffs. The applications 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."

To file an application, submitters must email a PDF to the BIS Defense Industrial Base Programs inbox with the following information:

  • “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 designation that serves as the basis for the determination;”
  • “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;” and
  • “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.”

If an application includes business confidential information, the filer should include a non-confidential public version. The applications have a 30-page limit. BIS will review the applications upon receipt to ensure they meet the regulation’s requirements. For any application deemed invalid, BIS may grant the filer 48 hours to resubmit the application.

Public comment phase

After receiving the applications and closing the two-week submission window, BIS will begin its reviews by posting the non-confidential copies of the valid applications for a 14-day public comment period. Interested stakeholders can submit feedback on the posted applications within the 14-day comment window through the public docket at regulations.gov.3 The IFR states that collecting public comments “will ensure a transparent, complete, and legally robust process for conducting analysis and making final determinations of derivative inclusion requests,” but provides no criteria for what the public comments should address or explain how BIS will consider the public comments.

BIS application review

Posting the applications for public comment will start the 60-day clock for BIS to complete the reviews. Alongside gathering public comments, BIS will assess the inclusion applications under two criteria: (i) “whether the described product at the eight- or ten-digit HTSUS classification is a derivative steel or aluminum article;” and (ii) “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.”

BIS determination

For each application, BIS will sign a positive or negative determination by the end of the 60-day review period. BIS will then post determination memoranda to the public docket on regulations.gov for each of the determinations. The memoranda will state whether BIS has approved or denied the application and summarize the rationale for their determination.

Tariff implementation

To implement tariffs for affirmative determinations, BIS will issue a Federal Register Notice identifying the derivative products at the eight- to ten-digit HTSUS subheading and amends the products to the derivative products annexes in the Section 232 proclamations. The IFR states the new tariffs “will take effect shortly thereafter.”

The May 2025 application window

The first inclusions application window opened upon the issuance of the guidance on May 1, 2025. After the conclusion of the two-week application window, BIS posted the valid applications it had received on May 20. The May 20 posting started the 60-day clock for BIS to make its determinations (to on or about July 19, 2025) and the 14-day clock for the public to submit comments on the applications (to June 4, 2025). Interested stakeholders can submit feedback on each of the posted applications at regulations.gov.4

The applications include 501 unique HTSUS eight- and ten-digit codes, covering approximately $284 billion of US imports in 2024. The codes include products related to vehicle parts, industrial machinery, electronics, minerals, chemicals, toys and sporting equipment, railway parts, aircraft parts, food, cosmetics, pharmaceuticals, furniture, film equipment, and semi-processed forms of aluminum.

BIS’ first discretionary expansion of the new derivative products lists

President Trump’s orders also instructed the Department of Commerce to create an internal process to include additional derivative products in the tariffs at its own discretion. The internal process is already active, with BIS announcing the addition of beer and aluminum cans to the aluminum Section 232 tariff on April 3, 2025.5 The tariff entered into effect on April 4, the day after the BIS issued the notice. The announcement did not provide any information on the decision-making process or explain why BIS decided to add the products.

The order added (i) HTSUS 7612.90.10 (aluminum containers of a capacity not exceeding 20 liters) to the aluminum tariff under note 19(j) and (ii) HTSUS 2203.00.00 (containers of beer made from malt, including glass containers, aluminum cans, kegs, and other containers) to the aluminum tariff under note 19(k).6 Under 19(j) (HTSUS 9903.85.07), aluminum cans are subject to the additional 25% tariff on their whole value. Under 19(k) (HTSUS 9903.85.08), containers of beer are subject to the additional 25% tariff only on the share of the articles’ value that is aluminum. The aluminum value content in a can of beer is relatively low, demonstrating the broad scope of products that could potentially be subjected to the tariffs under the new inclusions process.

President Trump’s February 2025 steel and aluminum Section 232 tariff expansions

Since 2018, the United States has maintained a 25% tariff on imports of steel (later expanding to certain steel derivative articles) and a 10% tariff on imports of aluminum (later expanding to certain aluminum derivative articles) under Section 232 of the Trade Expansion Act of 1962, subject to varying country and product-based exclusions and alternative arrangements.7 On February 10, 2025, President Trump issued two proclamations — Adjusting Imports of Aluminum into the United States and Adjusting Imports of Steel into the United States — modifying the 2018 tariff orders.

The modifications expand the tariffs by (i) ending all country exemptions, terminating the product exclusion process, and terminating all existing General Approved Exclusions (GAEs) (granted specific product exclusions will remain in place until their expiration date or until excluded product volume is imported); (ii) raising the aluminum tariffs from 10% to 25%; (iii) adding more derivative products to the tariffs’ coverage and creating a new process to add other products in the future; and (iv) creating a new exemption process for steel products “melted and poured” and aluminum products “smelted and cast” in the United States. On June 3, 2025, Trump modified the Section 232 actions again, raising the steel and aluminum tariffs from 25% to 50% for imports entered on or after June 4, 2025.8

The February modifications significantly expand the number of steel and aluminum derivative products that are subject to the tariffs, covering many more articles in HTSUS Chapter 73 (articles of iron or steel) and Chapter 76 (aluminum and articles thereof), as well as downstream products that contain steel and aluminum inputs in various other HTSUS chapters. The tariffs on downstream articles outside HTSUS Chapters 73 and 76 are assessed based on the value of the steel and aluminum content contained in the product, instead of the product’s total value.9

1 “Adoption and Procedures of the Section 232 Steel and Aluminum Tariff Inclusions Process,” 90 FR 18780 (May 2, 2025); and the new regulations at Supplement No. 1 to Part 705, Title 15. 
2 Presidential Proclamation of February 10, 2025: “Adjusting Imports of Steel into The United States,” 90 FR 9817; and Presidential Proclamation of February 10, 2025: “Adjusting Imports of Aluminum into The United States,” 90 FR 9807.
3 Rulemaking docket “Adoption and Procedures of the Section 232 Steel and Aluminum Tariff Inclusions Process,” ID BIS-2025-0023.
4 See the individual applications’ postings on the “Adoption and Procedures of the Section 232 Steel and Aluminum Tariff Inclusions Process” docket to submit responses.
5 “Implementation of Duties on Aluminum Derivatives Beer and Empty Aluminum Cans Pursuant to Proclamation 10895 Adjusting Imports of Aluminum Into the United States,” 90 FR 14786 (April 4, 2025). 
6 For more information on the details of these tariff classifications, see “Implementation of Duties on Aluminum Pursuant to Proclamation 10895 Adjusting Imports of Aluminum Into the United States,” 90 FR 11251 (March 5, 2025); and “CSMS # 64384496 - UPDATED GUIDANCE: Import Duties on Imports of Aluminum and Aluminum Derivative Products,” CBP, March 11, 2025. 
7 Proclamation 9704 of March 8, 2018: “Adjusting Imports of Aluminum Into the United States,” 83 FR 11619; and Proclamation 9705 of March 8, 2018: “Adjusting Imports of Steel Into the United States,” 83 FR 11625.
8 Presidential Proclamation of June 3, 2025: “Adjusting Imports of Aluminum and Steel into the United States.”
9 CSMS # 64384423 – “UPDATED GUIDANCE: Import Duties on Imports of Steel and Steel Derivative Products,” CBP, March 11, 2025; and CSMS # 64384496 – “UPDATED GUIDANCE: Import Duties on Imports of Aluminum and Aluminum Derivative Products,” CBP, March 11, 2025. 

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This article is prepared for the general information of interested persons. It is not, and does not attempt to be, comprehensive in nature. Due to the general nature of its content, it should not be regarded as legal advice.

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Ian Saccomanno
Ian Saccomanno
Senior Trade Analyst|Washington, DC
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