PART 705—EFFECT OF IMPORTED ARTICLES ON THE NATIONAL SECURITY Authority: Section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1862) and Reorg. Plan No. 3 of 1979 (44 FR 69273, December 3, 1979). Source: 47 FR 14693, Apr. 6, 1982, unless otherwise noted. Redesignated at 54 FR 601, Jan. 9, 1989. § 705.1 Definitions. As used in this part: Department Secretary Applicant § 705.2 Purpose. These regulations set forth the procedures by which the Department shall commence and conduct an investigation to determine the effect on the national security of the imports of any article. Based on this investigation, the Secretary shall make a report and recommendation to the President for action or inaction regarding an adjustment of the imports of the article. § 705.3 Commencing an investigation. (a) Upon request of the head of any government department or agency, upon application of an interested party, or upon motion of the Secretary, the Department shall immediately conduct an investigation to determine the effect on the national security of the imports of any article. (b) The Secretary shall immediately provide notice to the Secretary of Defense of any investigation initiated under this part. [47 FR 14693, Apr. 6, 1982. Redesignated at 54 FR 601, Jan. 9, 1989, and amended at 63 FR 31623, June 10, 1998] § 705.4 Criteria for determining effect of imports on the national security. (a) To determine the effect on the national security of the imports of the article under investigation, the Department shall consider the quantity of the article in question or other circumstances related to its import. With regard for the requirements of national security, the Department shall also consider the following: (1) Domestic production needed for projected national defense requirements; (2) The capacity of domestic industries to meet projected national defense requirements; (3) The existing and anticipated availabilities of human resources, products, raw materials, production equipment and facilities, and other supplies and services essential to the national defense; (4) The growth requirements of domestic industries to meet national defense requirements and the supplies and services including the investment, exploration and development necessary to assure such growth; and (5) Any other relevant factors. (b) In recognition of the close relation between the strength of our national economy and the capacity of the United States to meet national security requirements, the Department shall also, with regard for the quantity, availability, character and uses of the imported article under investigation, consider the following: (1) The impact of foreign competition on the economic welfare of any domestic industry essential to our national security; (2) The displacement of any domestic products causing substantial unemployment, decrease in the revenues of government, loss of investment or specialized skills and productive capacity, or other serious effects; and (3) Any other relevant factors that are causing or will cause a weakening of our national economy. § 705.5 Request or application for an investigation. (a) A request or application for an investigation shall be in writing. The original, 1 copy and an electronic version of the report in the form of a Portable Document Format (PDF) file shall be filed with the Director, Office of Technology Evaluation, Room H-1093, U.S. Department of Commerce, Washington, DC 20230, with the PDF version being submitted to [email protected]. e.g., Note 1 to paragraph ( a Requests for an investigation from United States Government agencies need not include a public version. (b) When a request, application or motion is under investigation, or when an investigation has been completed pursuant to § 705.10 of this part, any subsequently filed request or application concerning imports of the same or related article that does not raise new or different issues may be either consolidated with the investigation in progress as provided in § 705.7(e) of this part, or rejected. In either event, an explanation for taking such action shall be promptly given to the applicant. If the request or application is rejected, it will not be returned unless requested by the applicant. (c) Requests or applications shall describe how the quantity, availability, character, and uses of a particular imported article, or other circumstances related to its import, affect the national security, and shall contain the following information to the fullest extent possible: (1) Identification of the applicant; (2) A precise description of the article; (3) Description of the domestic industry affected, including pertinent information regarding companies and their plants, locations, capacity and current output of the industry; (4) Pertinent statistics on imports and domestic production showing the quantities and values of the article; (5) Nature, sources, and degree of the competition created by imports of the article; (6) The effect that imports of the article may have upon the restoration of domestic production capacity in the event of national emergency; (7) Employment and special skills involved in the domestic production of the article; (8) Extent to which the national economy, employment, investment, specialized skills, and productive capacity is or will be adversely affected; (9) Revenues of Federal, State, or local Governments which are or may be adversely affected; (10) National security supporting uses of the article including data on applicable contracts or sub-contracts, both past and current; and (11) Any other information or advice relevant and material to the subject matter of the investigation. (d) Statistical material presented should be, if possible, on a calendar-year basis for sufficient periods of time to indicate trends. Monthly or quarterly data for the latest complete years should be included as well as any other breakdowns which may be pertinent to show seasonal or short-term factors. [47 FR 14693, Apr. 6, 1982. Redesignated at 54 FR 601, Jan. 9, 1989, and amended at 63 FR 31623, June 10, 1998; 65 FR 62600, Oct. 19, 2000; 72 FR 25195, May 4, 2007; 86 FR 52964, Sept. 24, 2021] § 705.6 Confidential information. (a) This paragraph (a) specifies the requirements for submission of classified national security information, business confidential information, and the treatment of United States Government communications during an investigation under Section 232 of the Trade Expansion Act of 1962, as amended (a “Section 232 investigation”), or as part of a request or application for an investigation. (1) Classified national security information. (2) Business confidential information. et seq. (3) United States Government communications. (b) The Department may refuse to accept as business confidential any information or material it considers not intended to be protected under the legal authority claimed by the applicant, or under other applicable legal authority. Any such information or material so refused shall be promptly returned to the submitter and will not be considered. However, such information or material may be resubmitted as non-confidential in which case it will be made part of the public record. [47 FR 14693, Apr. 6, 1982. Redesignated at 54 FR 601, Jan. 9, 1989, as amended at 86 FR 52964, Sept. 24, 2021] § 705.7 Conduct of an investigation. (a) If the Department determines that it is appropriate to afford interested parties an opportunity to present information and advice relevant and material to an investigation, a public notice shall be published in the Federal Register (b) All requests and applications filed and all material submitted by interested parties, except information on material that is classified or determined to be confidential as provided in § 705.6 of this part, will be available for public inspection and copying in the Bureau of Industry and SecurityFreedom of Information Records Inspection Facility, Room H-4525, U.S. Department of Commerce, Washington, DC 20230, in accordance with regulations published in part 4 of title 15, Code of Federal Regulations. (c) Further information may be requested by the Department from other sources through the use of questionnaires, correspondence, or other appropriate means. (d) The Department shall, as part of an investigation, seek information and advice from, and consult with, appropriate officers of the United States or their designees, as shall be determined. The Department shall also consult with the Secretary of Defense regarding the methodological and policy questions raised in the investigation. Upon the request of the Secretary, the Secretary of Defense shall provide the Secretary with an assessment of the defense requirements of the article in question. Communications received from agencies of the U.S. government or foreign governments will not be made available for public inspection. (e) Any request or application that is filed while an investigation is in progress, concerning imports of the same or related article and raising similar issues, may be consolidated with the request, application or motion that initiated the investigation. [47 FR 14693, Apr. 6, 1982. Redesignated at 54 FR 601, Jan. 9, 1989 and amended at 54 FR 19355, May 5, 1989; 63 FR 31623, June 10, 1998] § 705.8 Public hearings. (a) If it is deemed appropriate by the Department, public hearings may be held to elicit further information. (1) A notice of hearing shall be published in the Federal Register (2) Hearings shall be open to the public unless national security classified information will be presented. In that event the presiding officer at the hearing shall close the hearing, as necessary, to all persons not having appropriate security clearances or not otherwise authorized to have access to such information. If it is known in sufficient time prior to the hearing that national security classified information will be presented the notice of hearing published in the Federal Register (b) Hearings shall be conducted as follows: (1) The Department shall appoint the presiding officer; (2) The presiding officer shall determine all procedural matters during the hearing; (3) Interested parties may appear, either in person or by representation, and produce oral or written information relevant and material to the subject matter of the investigation; (4) Hearings will be fact-finding proceedings without formal pleadings or adverse parties. Formal rules of evidence will not apply; (5) After a witness has testified, the presiding officer may question the witness. Questions submitted to the presiding officer in writing by any interested party may, at the discretion of the presiding officer, be posed to the witness. No cross examination of any witness by a party shall be allowed. (6) Each hearing will be stenographically reported. Transcripts of the hearing, excluding any national security classified information, may be purchased from the Department at actual cost of duplication, and will be available for public inspection in the Bureau of Industry and Security Freedom of Information Records Inspection Facility, Room H-4525, U.S. Department of Commerce, Washington, DC 20230. [47 FR 14693, Apr. 6, 1982. Redesignated at 54 FR 601, Jan. 9, 1989 and amended at 54 FR 19355, May 5, 1989; 63 FR 31623, June 10, 1998] § 705.9 Emergency action. In emergency situations, or when in the judgment of the Department, national security interests require it, the Department may vary or dispense with any or all of the procedures set forth in § 705.7 of this part. § 705.10 Report of an investigation and recommendation. (a) When an investigation conducted pursuant to this part is completed, a report of the investigation shall be promptly prepared. (b) The Secretary shall report to the President the findings of the investigation and a recommendation for action or inaction within 270 days after beginning an investigation under this part. (c) An Executive Summary of the Secretary's report to the President of an investigation, excluding any classified or proprietary information, shall be published in the Federal Register. [63 FR 31623, June 10, 1998] § 705.11 Determination by the President and adjustment of imports. (a) Upon the submission of a report to the President by the Secretary under § 705.10(b) of this part, in which the Department has found that an article is being imported into the United States in such quantities or under such circumstances as to threaten to impair the national security, the President is required by Section 232(c) of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1862(c)) to take the following action (1) Within 90 days after receiving the report from the Secretary, the President shall determine: (i) Whether the President concurs with the Department's finding; and (ii) If the President concurs, the nature and duration of the action that must be taken to adjust the imports of the article and its derivatives so that the such imports will not threaten to impair the national security. (2) If the President determines to take action under this section, such action must be taken no later than fifteen (15) days after making the determination. (3) By no later than thirty (30) days after making the determinations under paragraph (a)(1) of this section, the President shall submit to the Congress a written statement of the reasons why the President has decided to take action, or refused to take action. (b) If the action taken by the President under this section is the negotiation of an agreement to limit or restrict the importation into the United States of the article in question, and either no such agreement is entered into within 180 days after making the determination to take action, or an executed agreement is not being carried out or is ineffective in eliminating the threat to the national security, the President shall either: (1) Take such other action as deemed necessary to adjust the imports of the article so that such imports will not threaten to impair the national security. Notice of any such additional action taken shall be published in the Federal Register (2) Not take any additional action. This determination and the reasons on which it is based, shall be published in the Federal Register. [63 FR 31623, June 10, 1998] § 705.12 Disposition of an investigation and report to the Congress. (a) Upon the disposition of each request, application, or motion made under this part, a report of such disposition shall be submitted by the Secretary to the Congress and published in the Federal Register. (b) As required by Section 232(e) of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1862(c)), the President shall submit to the Congress an annual report on the operation of this part. [63 FR 31623, June 10, 1998] Supplement No. 1 to Part 705—Requirements for Submissions Requesting Inclusions to the Adjustment of Imports of Aluminum and Steel Imposed Pursuant to Section 232 of the Trade Expansion Act of 1962, as Amended On March 8, 2018, the President issued Proclamations 9704 and 9705 concurring with the findings of the January 11, 2018 reports of the Secretary of Commerce on the effects of imports of aluminum and steel mill articles (steel articles) on the national security and determining that adjusting aluminum and steel imports through the imposition of duties is necessary so that their imports will no longer threaten to impair the national security. On February 10, 2025, the President issued Proclamations 10895 “Adjusting Imports of Aluminum into The United States” (Aluminum Proclamation), and 10896 “Adjusting Imports of Steel into the United States” (Steel Proclamation), imposing specified rates of duty on imports of aluminum and steel, respectively (collectively, the Inclusions Proclamations). The Inclusions Proclamations also required the Secretary of Commerce to establish within 90 days a process for including additional derivative aluminum and steel articles within the scope of the ad valorem duties proclaimed in Proclamations 9704, 9705, 9980, and clause 4 of the Steel Proclamation and clause 5 of the Aluminum Proclamation, respectively. Presidential Proclamations 10895 and 10896 set several requirements for the Department of Commerce to process petitions requesting the inclusion of certain derivative articles of steel and aluminum under the Section 232 Steel and Aluminum Duties established by Presidential Proclamations 9704 and 9705 in March 2018. They state that the process shall provide for including additional derivative articles at the direction of the Secretary unilaterally, or at the request of a producer of steel or aluminum articles or derivative articles within the United States or an industry association representing one or more such producers. Applications for the inclusion of derivative articles 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. The Inclusions Proclamations direct that the Secretary of Commerce shall issue a determination on any such request within 60 days of its receipt by the Department. (a) Scope. (b) Inclusion requests. (1) Producers of steel or aluminum articles or derivative articles within the United States; or (2) An industry association representing one or more such producers may submit inclusion requests. (c) Timeframe of submitting requests. (d) Inclusion request requirements. (1) Submission through Defense Industrial Base Programs inbox at [email protected]; (2) Requests must be submitted in PDF format; (3) Limited to 30 pages inclusive of all attachments; (4) Any business confidential submissions must also include a non-confidential public version; (5) Clear identification of the applicant ( i.e., (6) A precise definition of the derivative article; (7) The eight or ten-digit HTSUS designation that serves as the basis for the determination; (8) 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; (9) Pertinent information on the domestic industry affected; (10) Statistics on imports and domestic production; and (11) 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. (e) BIS review of inclusion petition requests. (f) Where and how to submit public comments. regulations.gov regulations.gov https://www.regulations.gov/docket/BIS-2025-0023. the regulations.gov https://www.regulations.gov. regulations.gov (2) Business confidential submissions. For comments submitted electronically containing business confidential information, the file name of the business confidential version should begin with the characters “BC.” Any page containing business confidential information must be clearly marked “BUSINESS CONFIDENTIAL” on the top of that page. The corresponding non-confidential version of the comments must be clearly marked “PUBLIC.” The file name of the non-confidential version should begin with the character “P.” The “BC” and “P” should be followed by the name of the person or entity submitting the comments. Any submissions with file names that do not begin with a “BC” or “P” will be assumed to be public and will be made publicly available through https://www.regulations.gov. (g) Review and Public Comment Phase. https://regulations.gov (h) Decision Phase. regulations.gov (1) States whether the request was approved or denied, and (2) Summarizes the rationale for making this determination. (3) The date of signature on the determination memorandum must be prior to the close of the respective 60-day derivative inclusion processing period, as directed in the Inclusions Proclamations. A Federal Register [90 FR 18784, May 2, 2025] Supplement No. 2 to Part 705—Requirements for Submissions Requesting Inclusions to the Adjustment of Imports of Automobiles and Automobile Parts Pursuant to Section 232 of the Trade Expansion Act of 1962, as Amended On March 26, 2025, the President issued Proclamation 10908, “Adjusting Imports of Automobiles and Automobile Parts into The United States” (Automobile Proclamation), which imposed additional tariffs on certain automobiles and automobile parts. The Automobile Proclamation also required the Secretary of Commerce to establish a process for including additional automobile parts articles for passenger vehicles and light trucks within the scope of the tariffs imposed by the Automobile Proclamation. In addition to inclusions made by the Secretary of Commerce (the Secretary), the process is to provide for including additional automobile parts articles at the request of a domestic producer of an automobile or automobile parts article, or an industry association representing one or more such producers, where the request establishes that imports of additional automobile parts articles have increased in a manner that threatens to impair the national security or otherwise undermines the objectives set forth in Proclamation 9888, the Automobile Proclamation, or any subsequent proclamation addressing the threatened impairment to the national security under Section 232 of the Trade Expansion Act of 1962, as amended (Section 232). When the Secretary receives such a request from a domestic producer or industry association, the Secretary, after consultation with the United States International Trade Commission and U.S. Customs and Border Protection, is to issue a determination regarding whether to include the articles within 60 days of receiving the request. Any additional automobile parts articles that the Secretary has determined to be included within the scope of the Automobile Proclamation tariffs are to be so included in the Federal Register Federal Register Federal Register (a) Scope. (b) Inclusion requests. (1) Producers of automobiles or automobile parts within the United States; or (2) An industry association representing one or more such producers may submit inclusion requests. (c) Timeframe of submitting requests. (d) Inclusion request requirements. (1) Submission through the automobile inclusions process inbox at [email protected] (2) Requests must be submitted in PDF format; (3) Limited to 30 pages inclusive of all attachments; (4) Any business confidential submissions must also include a non-confidential public version; (5) Clear identification of the applicant ( i.e., (6) A precise description of the automobile parts article; (7) The eight or ten-digit Harmonized Tariff Schedule of the United States (HTSUS) classification that serves as the basis for the determination; (8) An explanation of why the article is an automobile parts article; (9) Pertinent information on the domestic industry affected; (10) Statistics on imports and domestic production; and (11) A description of how and to what extent imports of the article threaten to impair the national security or otherwise undermines the objectives set forth in Proclamation 9888, the Automobile Proclamation, or any subsequent proclamation addressing the threatened impairment to the national security under Section 232. (e) Review of inclusion petition requests. (f) Where and how to submit public comments Where to submit? regulations.gov regulations.gov regulations.gov regulations.gov regulations.gov regulations.gov regulations.gov the regulations.gov https://www.regulations.gov. regulations.gov (2) Business confidential submissions. https://www.regulations.gov. (g) Review and Public Comment Phase. https://regulations.gov (h) Decision Phase. regulations.gov (1) States whether the request was approved or denied; and (2) Summarizes the rationale for making this determination. (3) The date of signature on the determination memorandum must be prior to the close of the respective 60-day derivative inclusion processing period, as directed in the Automobile Proclamation. A Federal Register Federal Register [90 FR 44771, Sept. 17, 2025]