Federal Register #2026-16078

Temporary Restriction on Export of Black Mass and Tungsten Waste/Scrap for National Defense

The Department of Commerce's Bureau of Industry and Security (BIS) has issued a temporary rule to secure critical minerals for national defense purposes: - Government Buyer: - Department of Commerce, Bureau of Industry and Security (BIS), Office of Strategic Industries and Economic Security - Products/Materials Targeted: - Black mass (shredded lithium-ion battery scrap containing cathode and anode materials) - Schedule B codes: 8549.13.00.00, 8549.14.00.00, 8549.19.00.00 - Tungsten waste and scrap - Schedule B code: 8101.97.00.00 - Requirements: - U.S. persons must allocate 100% of their monthly sales of these materials to other U.S. persons unless an exception or adjustment is granted by BIS - Export of these materials is restricted without a license - Compliance with the Defense Priorities and Allocations System (15 CFR part 700) is required - BIS may grant exceptions or adjustments upon request - No specific OEMs, vendors, part numbers (beyond Schedule B codes), or quantities are listed - Public comments are invited regarding potential additional sales requirements - The rule is effective for one year, with possible adjustments or extensions by BIS

Description

The Bureau of Industry and Security (BIS) is issuing a temporary final rule to restrict the exportation of black mass and tungsten waste and scrap without a license. Starting August 27, 2026, U.S. persons engaged in the sale of these materials must allocate 100% of monthly sales to U.S. persons unless an adjustment or exception is obtained from BIS. The rule is issued under the Defense Production Act of 1950 to address the scarcity of recoverable critical minerals and materials essential to national defense. Public comments are invited on additional sales requirements to promote national defense, with the rule effective through August 27, 2027.

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