The Bureau of Industry and Security (BIS) announced via Federal Register Notice the opening of the window to submit requests to include additional derivative products under the Section 232 steel and aluminum tariffs. The window opened on September 15, 2025 and is set to close on September 29, 2025, at 11:59 PM (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 DIBPrograms@bis.doc.gov.

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 opposition or support comments is set to last two weeks. Following the two-week window for opposition or support comments, BIS will review and consider the submission over a sixty-day period. If the inclusion requests are granted, BIS will announce the approved inclusion via Federal Register Notice and will post a decision memo on the regulations.gov docket.

The September inclusion request window is the second inclusion request period held since the process was first announced on March 5, 2025. The first inclusion request window began in May and ended in August, resulting in BIS including over four-hundred additional products to the steel and aluminum derivative tariffs, announced via Federal Register Notice. Only sixty HTS codes requested by interested parties were denied inclusion.  Denials were typically limited only to products already subject to section 232 tariffs under a separate designation (e.g., BIS declined to add products already listed under the auto parts 232 tariffs to the steel 232 tariff list. 

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. 

Tags: Aluminum, BIS, Section 232, Steel, tariffs
Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Daniel Cannistra Daniel Cannistra

Dan Cannistra is a partner in the firm’s Washington, D.C. office. His practice focuses on legislative, executive and regulatory representation of domestic and international clients on a broad spectrum of international trade matters. Dan has represented domestic and foreign companies in over 75

…

Dan Cannistra is a partner in the firm’s Washington, D.C. office. His practice focuses on legislative, executive and regulatory representation of domestic and international clients on a broad spectrum of international trade matters. Dan has represented domestic and foreign companies in over 75 U.S. antidumping and countervailing duty cases before the U.S. Department of Commerce and the U.S. International Trade Commission under the Tariff Act of 1930. Many of these matters involved appeals to the U.S. Court of International Trade, the U.S. Court of Appeals for the Federal Circuit, binational panels under the North American Free Trade Agreement (NAFTA), and dispute settlement proceedings before the World Trade Organization (WTO). Dan has also represented clients in antidumping proceedings in the European Union, Canada, Mexico, Brazil, India, Thailand, Singapore, Guatemala and Taiwan.

Prior to joining Crowell & Moring, Dan was a director in a national accounting firm providing customs and international trade guidance to multinational clients related to the supply and distribution of goods and services across international borders. Areas of specialization included antidumping and countervailing duties and policy, trade remedies and litigation, free trade agreements and negotiations, classification and valuation, and international trade and development.

Dan’s government appointments include service to U.S. Trade Representative on the roster of international trade practitioners to resolve antidumping disputes involving NAFTA members. For the European Commission, Dan provided advice and training on international trade and antidumping methodology and practice. In addition, Dan has served as an international trade consultant to the governments of Guatemala and Singapore, providing technical advice to these governments on the application of international trade regulations consistent with international law and World Trade Organization agreements and the General Agreement on Tariffs and Trade, Agreement on Antidumping.

Read more about Daniel Cannistra
Show more Show less
Photo of Valerie Ellis Valerie Ellis

Valerie Ellis is an accomplished attorney with extensive experience in international trade law, spanning both the public and private sectors.

Valerie focuses on trade remedy proceedings, with a strong track record of guiding companies through the examination process in antidumping and countervailing duty

…

Valerie Ellis is an accomplished attorney with extensive experience in international trade law, spanning both the public and private sectors.

Valerie focuses on trade remedy proceedings, with a strong track record of guiding companies through the examination process in antidumping and countervailing duty (AD/CVD) investigations. She also represents companies in customs and tariffs matters and in national security investigations, including guiding deals through the Committee on Foreign Investment in the United States (CFIUS). She has represented clients across diverse industries, including agriculture and manufacturing, with a particular focus on U.S.-Canada-Mexico trade issues, including complex tariff matters. Known for her creative problem-solving, tireless advocacy, and technical proficiency, Valerie is a trusted advisor who brings both skill and a collaborative approach to every matter she handles.

Valerie has worked in the private sector and held positions at various times at the Department of Commerce’s International Trade Administration throughout her career.

When not representing clients in trade matters, Valerie performs service work for women experiencing the cycle of abuse, those suffering from addiction, and the homeless.

Read more about Valerie Ellis
Show more Show less
Photo of Emily Devereaux Emily Devereaux

Emily Devereaux is a senior international trade analyst I in Crowell & Moring’s Washington, D.C. office. She provides practice support to the International Trade Group on import regulatory matters pending before the Office of the U.S. Trade Representative (USTR) and U.S. Customs and

…

Emily Devereaux is a senior international trade analyst I in Crowell & Moring’s Washington, D.C. office. She provides practice support to the International Trade Group on import regulatory matters pending before the Office of the U.S. Trade Representative (USTR) and U.S. Customs and Border Protection (CBP). She works closely with attorneys developing courses of action for clients impacted by investigations under Section 301 of the Trade Act of 1974 and Section 232 of the Trade Expansion Act of 1962. She also supports unfair trade investigations, including antidumping (AD) and countervailing duty (CVD) investigations, sunset reviews, and changed circumstance reviews before the Department of Commerce and the International Trade Commission (ITC).

Read more about Emily Devereaux
Show more Show less
Related Posts
New Antidumping and Countervailing Duties (“ADCVD”) Petition on Aluminum Extrusions Submitted, Covering an Estimated $1.5 Billion in Imports
October 9, 2023
GAO Report on Section 232 Exclusions Signals Increased Enforcement for Steel and Aluminum Importers
August 15, 2023
CBP Issues Guidance Requiring Reporting of Smelt and Cast Country of Origin for Aluminum Products to Enforce 200% Tariff on Russian Aluminum
March 16, 2023