Notice2021-20903
Notice of Request for Public Comments on Section 232 National Security Investigation of Imports of Neodymium-Iron-Boron (NdFeB) Permanent Magnets
Primary source
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Published
September 27, 2021
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Abstract
On September 21, 2021, the Secretary of Commerce (Secretary) initiated an investigation to determine the effects on the national security from imports of neodymium-iron-boron (NdFeB) permanent magnets (sometimes referred to as neodymium magnets, neo magnets, or rare earth magnets). This investigation has been initiated under section 232 of the Trade Expansion Act of 1962, as amended. While the Department is interested in any information related to this investigation that the public can provide, this notice identifies particular issues of significance.
Full Text
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<title>Federal Register, Volume 86 Issue 184 (Monday, September 27, 2021)</title>
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[Federal Register Volume 86, Number 184 (Monday, September 27, 2021)]
[Notices]
[Pages 53277-53278]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-20903]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[Docket No. 210902-0176]
RIN 0694-XC083
Notice of Request for Public Comments on Section 232 National
Security Investigation of Imports of Neodymium-Iron-Boron (NdFeB)
Permanent Magnets
AGENCY: Bureau of Industry and Security, Office of Technology
Evaluation, U.S. Department of Commerce.
ACTION: Notice of request for public comments.
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SUMMARY: On September 21, 2021, the Secretary of Commerce (Secretary)
initiated an investigation to determine the effects on the national
security from imports of neodymium-iron-boron (NdFeB) permanent magnets
(sometimes referred to as neodymium magnets, neo magnets, or rare earth
magnets). This investigation has been initiated under section 232 of
the Trade Expansion Act of 1962, as amended. While the Department is
interested in any information related to this investigation that the
public can provide, this notice identifies particular issues of
significance.
DATES: Interested parties are invited to submit written comments, data,
analyses, or other information pertinent to the investigation to the
Department of Commerce's (Department) Bureau of Industry and Security
by November 12, 2021. The due date for filing comments is November 12,
2021.
ADDRESSES: Submissions: You may submit comments, identified by docket
number BIS 2021-0035 or RIN 0694-XC083, through the Federal eRulemaking
Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. To submit comments via https://
[[Page 53278]]
www.regulations.gov, enter docket number BIS-2021-0035 on the home page
and click ``search.'' The site will provide a search results page
listing all documents associated with this docket. Find a reference to
this notice and click on the link entitled ``Comment Now!'' (For
further information on using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, please
consult the resources provided on the website by clicking on ``How to
Use This Site.'')
FOR FURTHER INFORMATION CONTACT: David Boylan, Industrial Studies
Division, Bureau of Industry and Security, U.S. Department of Commerce,
(202) 482-0194, <a href="/cdn-cgi/l/email-protection#511f35173413636263113338227f353e327f363e27"><span class="__cf_email__" data-cfemail="c987ad8fac8bfbfafb89aba0bae7ada6aae7aea6bf">[email protected]</span></a>. For more information about the
section 232 program, including the regulations and the text of previous
investigations, please see <a href="http://www.bis.doc.gov/232">www.bis.doc.gov/232</a>.
SUPPLEMENTARY INFORMATION:
Background
On September 21, 2021, the Secretary initiated an investigation
under section 232 of the Trade Expansion Act of 1962, as amended (19
U.S.C. 1862), to determine the effects on the national security from
imports of NdFeB permanent magnets. Numerous critical national security
systems rely on NdFeB permanent magnets, including fighter aircraft and
missile guidance systems. In addition, NdFeB permanent magnets are
essential components of critical infrastructure, including electric
vehicles and wind turbines. The magnets are also used in computer hard
drives, audio equipment, and MRI devices. If the Secretary finds that
NdFeB permanent magnets are being imported into the United States in
such quantities or under such circumstances as to threaten to impair
the national security, the Secretary shall so advise the President in
her report on the findings of the investigation.
Written Comments
This investigation is being undertaken in accordance with part 705
of the National Security Industrial Base Regulations (15 CFR parts 700
to 709) (``NSIBR''). Interested parties are invited to submit written
comments, data, analyses, or information pertinent to this
investigation to the Department's Office of Technology Evaluation no
later than November 12, 2021.
The Department is particularly interested in comments and
information directed to the criteria listed in Sec. 705.4 of the NSIBR
as they affect national security, including the following:
(i) Quantity of or other circumstances related to the importation
of NdFeB permanent magnets;
(ii) Domestic production and productive capacity needed for NdFeB
permanent magnets to meet projected national defense requirements;
(iii) Existing and anticipated availability of human resources,
products, raw materials, production equipment, and facilities to
produce NdFeB permanent magnets;
(iv) Growth requirements of the NdFeB permanent magnets industry to
meet national defense requirements and/or requirements for supplies and
services necessary to assure such growth including investment,
exploration, and development;
(v) The impact of foreign competition on the economic welfare of
the domestic NdFeB permanent magnets industry;
(vi) The displacement of any domestic NdFeB permanent magnets
production causing substantial unemployment, decrease in the revenues
of government, loss of investment or specialized skills and productive
capacity, or other serious effects;
(vii) Relevant factors that are causing or will cause a weakening
of our national economy; and
(viii) Any other relevant factors, including the use and importance
of NdFeB permanent magnets in critical infrastructure sectors
identified in Presidential Policy Directive 21 (Feb. 12, 2013) (for a
listing of those 16 sectors see <a href="https://www.dhs.gov/cisa/critical-infrastructure-sectors">https://www.dhs.gov/cisa/critical-infrastructure-sectors</a>).
Requirements for Written Comments
The <a href="https://www.regulations.gov">https://www.regulations.gov</a> website allows users to provide
comments by filling in a ``Type Comment'' field, or by attaching a
document using an ``Upload File'' field. The Department prefers that
comments be provided in an attached document. The Department prefers
submissions in Microsoft Word (.doc) or Adobe Acrobat (.pdf). If the
submission is in an application format other than those two, please
indicate the name of the application in the ``Type Comment'' field.
Please do not attach separate cover letters to electronic submissions;
rather, include any information that might appear in a cover letter in
the comments themselves. Similarly, to the extent possible please
include any exhibits, annexes, or other attachments in the same file
(as part of the submission itself) rather than in separate files.
Comments will be placed in the docket and open to public inspection,
except information determined to be confidential as set forth in Sec.
705.6 of the NSIBR. Comments may be viewed on <a href="https://www.regulations.gov">https://www.regulations.gov</a> by entering docket number BIS-2021-0035 in the
search field on the home page.
Material submitted by members of the public that is properly marked
business confidential information and accepted as such by the
Department will be exempted from public disclosure as set forth in
Sec. 705.6 of the NSIBR. All filers using the portal should use the
name of the person or entity submitting comments as the name of their
files, in accordance with the instructions below. Anyone submitting
business confidential information should clearly identify the business
confidential portion at the time of submission, file a statement
justifying nondisclosure and referring to the specific legal authority
claimed, and also provide a non-confidential version of the submission
in a separate file.
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 those 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 or rebuttal
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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
The Bureau of Industry and Security does not maintain a separate
public inspection facility. Requesters should first view the Bureau of
Industry and Security web page, which can be found at <a href="https://efoia.bis.doc.gov/">https://efoia.bis.doc.gov/</a> (see the link to the Index of Documents under the
``Electronic FOIA'' heading on the web page). If requesters cannot
access the website, they may call 202-482-0795 for assistance. The
records related to this assessment are made accessible in accordance
with the regulations published in part 4 of title 15 of the Code of
Federal Regulations (15 CFR 4.1 et seq.).
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2021-20903 Filed 9-24-21; 8:45 am]
BILLING CODE 3510-33-P
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