BIS Poised to Impose Section 232 Duties on More Metal Products

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Aug. 5, 2026
By: Pietro N. Bianchi

The Bureau of Industry and Security, Office of Strategic Industries and Economic Security, U.S. Department of Commerce (“BIS”), issued a notice requesting comments on a proposal to add “14 additional derivative articles,” depending on how you count them, to the list of articles covered by Section 232 duties on steel, aluminum, and copper:

• Aluminum powder of a non-lamellar structure, HTSUS 7603.10.0000, 25% tariff;
• Brass-wind musical instruments and parts and accessories thereof, HTSUS 9205.10.0000 and 9209.99.4080, 25% tariff;
• Parts of welding machines and apparatus, HTSUS 8515.90.2000, 25% tariff;
• Free-standing floor safes, HTSUS 8303.00.0000, 25% tariff;
• Electric conductor cables, HTSUS 8544.49.2000, 8544.49.3040, 8544.49.3080, and 8544.60.4000, 25% tariff;
• Fire extinguishers, HTSUS 8424.10.0000, 25% tariff;
• Parts of heat exchange units, HTSUS 8419.90.3000, 25% tariff;
• Parts of linear acting hydraulic power engines and motors, HTSUS 8412.90.9005, 25% tariff;
• Mobile lifting frames on tires and straddle carriers, HTSUS 8426.12.0000, 10-25% tariff;
• Other self-propelled cranes and mobile lifting frames, HTSUS 8426.41.0090, 10-25% tariff;
• Tanker trailers and tanker semi-trailers, HTSUS 8716.31.00, 25% tariff;
• Self-loading or self-unloading trailers and semi-trailers for agricultural purposes, HTSUS 8716.20.00, 15% tariff;
• Other trailers and semi-trailers, HTSUS 8716.40.00, 25% tariff; and
• Filled steel containers of the following chemicals and related items, 50% tariff:
  
  • 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.

Despite requesting comments and information on a number of areas, BIS explained its position that “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)).” BIS stated that steel, aluminum, and copper articles and derivatives are essential for producing weapons and therefore, the defense industrial base, and therefore, U.S. national security. This is apparently true even for brass-wind musical instruments and their parts.

BIS further stated that it will not provide an analysis of any comments received and asserted its position that 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.”

While it appears certain that BIS will impose Section 232 duties on the products identified in the notice, comments could prove beneficial if BIS’ position was challenged. If you have questions about trade remedies such as Section 232 tariffs do not hesitate to contact an attorney at Barnes Richardson & Colburn LLP.