Notice2026-07987
Procedures for Submissions by Certain Steel and Aluminum Producers Committing to New U.S. Steel or Aluminum Production To Obtain Tariff Adjustments Under Proclamation 10984
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Published
April 23, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
In Presidential Proclamation 10984 of October 17, 2025 (Adjusting Imports of Medium- and Heavy-Duty Vehicles, Medium- and Heavy-Duty Vehicle Parts, and Buses Into the United States), the President imposed additional tariffs on imports of specified medium- and heavy-duty vehicles (MHDVs), medium- and heavy-duty vehicles parts (MHDVPs), and buses to eliminate the threat to national security posed by such imports. That Proclamation also authorized the Secretary of Commerce to reduce tariffs owed under Proclamation 9704 of March 8, 2018 (Adjusting Imports of Aluminum Into the United States) as amended, and Proclamation 9705 of March 8, 2018 (Adjusting Imports of Steel Into the United States) as amended, for certain steel and aluminum producers operating production facilities in Canada or Mexico, based on newly committed U.S. production capacity. This notice establishes procedures for submission and review of documentation substantiating new U.S. production capacity commitments and eligibility for adjusted tariffs by the Department of Commerce.
Full Text
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<title>Federal Register, Volume 91 Issue 78 (Thursday, April 23, 2026)</title>
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[Federal Register Volume 91, Number 78 (Thursday, April 23, 2026)]
[Notices]
[Pages 21790-21794]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-07987]
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DEPARTMENT OF COMMERCE
International Trade Administration
[Docket No. 260420-0105]
RIN 0625-XC061
Procedures for Submissions by Certain Steel and Aluminum
Producers Committing to New U.S. Steel or Aluminum Production To Obtain
Tariff Adjustments Under Proclamation 10984
AGENCY: International Trade Administration, U.S. Department of
Commerce.
ACTION: Notice announcing procedures for seeking tariff adjustments
under Proclamation 10984.
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SUMMARY: In Presidential Proclamation 10984 of October 17, 2025
(Adjusting Imports of Medium- and Heavy-Duty Vehicles, Medium- and
Heavy-Duty Vehicle Parts, and Buses Into the United States), the
President imposed additional tariffs on imports of specified medium-
and heavy-duty vehicles (MHDVs), medium- and heavy-duty vehicles parts
(MHDVPs), and buses to eliminate the threat to national security posed
by such imports. That Proclamation also authorized the Secretary of
Commerce to reduce tariffs owed under Proclamation 9704 of March 8,
2018 (Adjusting Imports of Aluminum Into the United States) as amended,
and Proclamation 9705 of March 8, 2018 (Adjusting Imports of Steel Into
the United States) as amended, for certain steel and aluminum producers
operating production facilities in Canada or Mexico, based on newly
committed U.S. production capacity. This notice establishes procedures
for submission and review of documentation substantiating new U.S.
production capacity commitments and eligibility for adjusted tariffs by
the Department of Commerce.
DATES: Eligible steel and aluminum producers may submit documentation
as of April 23, 2026.
[[Page 21791]]
ADDRESSES: Documentation must be submitted electronically to:
<a href="/cdn-cgi/l/email-protection#6c0d0806191f18010902182c181e0d0809420b031a"><span class="__cf_email__" data-cfemail="1776737d6264637a72796357636576737239707861">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Emily Davis, Director for Public
Affairs, International Trade Administration, U.S. Department of
Commerce, 202-482-3809, <a href="/cdn-cgi/l/email-protection#0c496165607522486d7a657f4c787e6d6869226b637a"><span class="__cf_email__" data-cfemail="c683abafaabfe882a7b0afb586b2b4a7a2a3e8a1a9b0">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On October 17, 2025, the President issued Proclamation 10984
(Adjusting Imports of Medium- and Heavy-Duty Vehicles, Medium- and
Heavy-Duty Vehicle Parts, and Buses Into the United States) (90 FR
48451), finding that imports of medium- and heavy-duty vehicles
(MHDVs), medium- and heavy-duty vehicle parts (MHDVPs), and buses
threaten to impair the national security of the United States, and
determining that it is necessary and appropriate to impose specified
tariffs to adjust imports of MHDVs, MHDVPs, and buses so that such
imports will not threaten to impair national security pursuant to
section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C.
1862). In addition, Proclamation 10984 acknowledged the close
connections and overlap between part suppliers for the automobile
industry and for the MHDV industry, and determined that it is necessary
and appropriate to conform certain aspects of the tariff system imposed
in Proclamation 10908 of March 26, 2025 (Adjusting Imports of
Automobiles and Automobile Parts Into the United States) (90 FR 14705),
as amended, with the tariff system imposed in Proclamation 10984 for
MHDVs, certain MHDVPs, and buses. Finally, the President found it
necessary and appropriate to allow modification of tariffs imposed
under Proclamation 9704 of March 8, 2018 (Adjusting Imports of Aluminum
Into the United States) (83 FR 11619), as amended, and Proclamation
9705 of March 8, 2018 (Adjusting Imports of Steel Into the United
States) (83 FR 11625), as amended, based on commitments to increase
production of steel or aluminum products that support U.S. production
capacity of key products, including U.S. automobiles and MHDVs.
To enhance the supply chain security and domestic production of
U.S. MHDVs and automobiles, Proclamation 10984 authorized the Secretary
to reduce tariffs owed under Proclamations 9704 and 9705 by up to half
the otherwise applicable rate for aluminum or steel producers that
operate production facilities in Canada or Mexico and supply U.S.
automobile or MHDV manufacturers. Such adjustments are to be limited to
quantities of aluminum or steel equal to newly committed U.S.
production capacity, as determined by the Secretary.
Proclamation 10984 provides that the adjusted tariff rate under
Proclamations 9704 and 9705 may be no less than 25 percent, and that
the adjusted tariff rate is only available for imports of aluminum and
steel that qualify for preferential tariff treatment under the U.S.-
Mexico-Canada Agreement (USMCA) and that were respectively smelted and
cast or melted and poured in Canada or Mexico.
Proclamation 10984 directed the Secretary to administer this
program in a manner consistent with the need to address the national
security threats the President found in Proclamation 9704, Proclamation
9705, Proclamation 9888 of May 17, 2019 (Adjusting Imports of
Automobiles and Automobile Parts Into the United States) (84 FR 23433),
and Proclamation 10984. The Secretary has determined that it is
necessary to establish a process for firms that operate production
facilities in Canada and Mexico to apply for the adjusted tariffs, as
authorized in Proclamation 10984, based on the quantities of aluminum
or steel equal to newly committed U.S. production capacity. The
Secretary has determined that only commitments to increase production
of primary steel and primary aluminum should be eligible because these
commitments address key bottlenecks and will increase the supply of
U.S. steel and aluminum for downstream producers of automobiles and
MHDVs. For purposes of these procedures, ``primary steel'' refers to
steel articles that are produced in a basic oxygen furnace, electric
arc furnace, or any other steel making furnace in the United States and
``primary aluminum'' means aluminum articles that are produced in a
smelter in the United States.
The Secretary has also determined that, for purposes of these
procedures, commitments to increase production capacity of primary
steel and primary aluminum that supports U.S. production capacity of
key products should be limited to commitments to increase U.S. capacity
of primary steel and primary aluminum that supports U.S. production
capacity for automobiles, MHDVs, automobile parts, and MHDV parts
(MHDVPs). Proclamation 10984 identifies automobiles and MHDVs as
examples of key products. As automobile parts and MHDVPs are critical
inputs to MHDVs and automobiles, and as much of the steel and aluminum
contained in automobiles and MHDVs is first incorporated into
automobile parts and MHDVPs, the Secretary determined that automobile
parts and MHDVPs are also ``key products'' under these procedures,
consistent with the purpose of Proclamation 10984.
I. Eligibility
Only applicants that produce steel or aluminum in Canada or Mexico
and that supply, directly or indirectly (through incorporation into
parts), to U.S. producers of automobiles or MHDVs are eligible for
tariff adjustment based on new production commitments (Qualified
Companies). Only new production commitments from Qualified Companies
that will expand U.S. primary steel and primary aluminum production
capacity for key products (automobiles and automobile parts and MHDVs
and MHDVPs) are eligible for consideration under these procedures
(Qualifying Commitments). Only imports of steel and aluminum that
qualify for preferential tariff treatment under the USMCA and that were
melted and poured or smelted and cast in Mexico or Canada are eligible
for a tariff adjustment (Qualifying Imports). Any tariff adjustment
granted pursuant to these procedures will be limited to quantities of
Qualifying Imports equal to the projected annual new production
capacity, as determined by the Department. Tariff adjustment will be
limited to a fixed period of time, as determined by the Department,
that reflects the resources committed, the national security benefits
of the commitment, the commercially reasonable time period necessary to
complete the project and begin production using the new capacity, and
any other factor the Department considers appropriate.
II. Opportunity To Submit Documentation
Qualified Companies making Qualifying Commitments may submit
documentation, on a project-by-project basis, outlining their proposed
investment plan, including the proposed location, production details,
proposed capacity, and milestone commitments.
Each submission should include documentation certified by an
applicant's Chief Financial Officer, General Counsel, or an equivalent-
level of senior officer that provides the following:
1. An explanation of the applicant's status as a Qualifying
Company, including locations, volumes, and product types of existing
production of steel or aluminum in Canada or Mexico,
[[Page 21792]]
and U.S. automobile and MHDV manufacturers to whom the applicant
directly or indirectly (through incorporation into parts) supplies
steel or aluminum and the volumes supplied.
2. An overview of the proposed project, including project
background information, project objectives, proposed location(s) of the
project, any progress to date, and an explanation of the applicant's
engagement with local authorities on the project, including economic
incentives and permitting.
3. Details about the proposed production that will occur as a
result of the project, including:
a. Details on the kind of primary steel and/or primary aluminum
that will be produced at the facility, including the applicable North
American Industry Classification System (NAICS) code, the Harmonized
Tariff Schedule of the United States (HTSUS) code that would apply to
the product if it were imported into the United States, and a written
description of the steel or aluminum product;
b. The U.S. key product(s) (automobiles, automobile parts, MHDVs,
and MHDV parts) production capacity that will be supported, directly or
indirectly, by the production resulting from the project;
c. The projected annual primary steel or primary aluminum
production capacity that will result from the project;
d. A list of suppliers (or potential suppliers) for production
equipment for the project, including contracts that have been entered
into and quotes or estimates that have been provided by potential
suppliers;
e. A list of construction contractors (or potential contractors)
that will be involved in executing the project, including contracts
that have been entered into and quotes or estimates that have been
provided by potential suppliers;
f. A list of raw materials that will be needed to support
production under the project, including known or expected suppliers and
any contracts that have been entered into and quotes or estimates that
have been provided by potential suppliers; and
g. A narrative explanation of how the applicant will increase
hiring to staff the new project.
4. Milestones that the applicant commits to meeting in order to
obtain and retain a tariff adjustment and the company's expectation
regarding anticipated completion of the project.
a. Applicants are required to provide targets for the following
mandatory milestones:
i. Purchase of land;
ii. Completion of facility design;
iii. Hiring construction team or construction contractors;
iv. Construction start date;
v. Purchase of equipment;
vi. Delivery and installation of equipment; and
vii. Completion of construction and production first heat.
b. Applicants may also provide targets for additional, optional
milestones, including:
i. Award of significant construction contract(s);
ii. Award of significant engineering contract(s);
iii. Permitting application submission;
iv. Permitting award;
v. Finalizing financing agreements;
vi. Hiring engineers; and
vii. Equipment certification.
5. A project management plan that details how the applicant will
hire and manage the team(s) in charge of key aspects of the project,
including engineering, equipment supply, and other relevant activities
necessary to complete the project. This plan shall include the
estimated cost of construction, engineering, and equipment necessary
for the proposed project, as well as any other significant costs the
applicant expects to incur as part of completing the proposed project.
6. A commitment to provide the Department with quarterly reports
that detail the applicant's progress towards the milestones and project
management plan, as well as details on the costs-to-date incurred by
the applicant in executing the project. The applicant will use this
quarterly report to notify the Department of any proposed changes to
the milestones.
7. A statement that the applicant recognizes that substantially
meeting the milestones set forth in its submission is necessary for
continued eligibility for the tariff adjustment and that, if it does
not substantially meet its Qualifying Commitments, the liquidation or
reliquidation of entries with the imposition of outstanding tariffs on
prior entries that used the tariff adjustment may result. Tariff
adjustments may be paused by the Department on a quarterly basis should
the Department determine that the applicant is not substantially
meeting milestones. Moreover, failure to provide requested information
and significant delays that are within the applicant's control and that
threaten a project's timely completion may result in a determination by
the Department that the applicant has failed to substantially meet its
Qualifying Commitment, resulting in termination of eligibility and a
requirement that the Qualifying Company take all necessary action to
pay duties that would otherwise have been owed on previous entries of
Qualifying Imports. The applicant is required to provide information
requested by the Department and to provide the Department with access
to information needed to verify the accuracy of the application and to
ensure compliance with Qualifying Commitments. Failure to do so may be
treated as a failure to substantially meet Qualifying Commitments, and
may result in the Department directing CBP to reliquidate entries at
the duty rate that would apply without any tariff adjustment.
8. The name and importer of record number of the importer
responsible for importing steel or aluminum into the United States
under the tariff adjustment on behalf of the applicant. The applicant
may only designate a single representative.
III. Review Process
The Department will review each submission for completeness,
commercial practicalities (i.e., whether it is a bona fide and facially
legitimate proposal), and compliance with these procedures. The
Department may request supplemental documentation or clarification as
necessary.
Upon a determination by the Department that a submission is
complete, is commercially practicable, and is consistent with these
procedures, the Department will notify U.S. Customs and Border
Protection (CBP) of its determinations, the effective date that tariff
adjustments will begin, and of the quantity of Qualifying Imports that
is eligible for the tariff adjustment each quarter. The Department will
provide CBP with the importer authorized by the Department to access
this adjustment, including importer name and importer of record number.
Once the Department notifies CBP that a Qualified Company is eligible
for a tariff adjustment, the Qualified Company may through its
designated importer of record begin importing Qualifying Imports
subject to an additional tariff of 25% under Proclamation 9704, as
amended, or Proclamation 9705, as amended, subject to the quarterly
quantitative limit established by the Department.
As outlined in Section III.6, the applicant shall provide the
Department with updates on a quarterly basis for each project,
including whether milestones have been met. The Department may, at its
discretion, request access to supporting documentation including the
applicant's relevant books and records
[[Page 21793]]
to ensure compliance and evaluate progress towards milestones.
If any developments impact or are reasonably expected to impact the
Qualified Company's ability to meet milestones, the Qualified Company
must promptly inform the Department, in the quarterly report outlined
above.
IV. Documentation To Be Provided After Approval
Once a Qualified Company's application is approved and the
Qualified Company begins to enter Qualified Imports eligible for tariff
adjustments, the Qualified Company must provide the following
information to the Department on a quarterly basis:
1. For steel:
a. A letter, certified by the Qualified Company's Chief Financial
Officer, General Counsel, or an equivalent-level of senior officer,
summarizing the total shipments, volume, and value of Qualified Imports
entered during the quarter and the location of the facilities producing
the Qualified Imports claiming tariff adjustment.
b. An Excel spreadsheet and/or certified .pdf with detailed
information on all shipments of Qualified Imports claiming tariff
adjustment. Each listed shipment of Qualified Imports should include
the country of origin, volume, value, HTSUS classification, and entry
number with accompanying mill test certificates which state the country
and facility of melt and pour and for each listed heat number.
2. For aluminum:
a. A letter, certified by the Qualified Company's Chief Financial
Officer, General Counsel, or an equivalent-level of senior officer,
summarizing the total shipments, volume, and value of Qualified Imports
entered during the quarter and the location of the facilities producing
the Qualified Imports.
b. An Excel spreadsheet and certified .pdf with detailed
information on all shipments of Qualified Imports claiming tariff
adjustment. Each listed shipment of Qualified Imports should include
the country and facility of smelt, the country and facility of most
recent cast, the country of origin, the value and volume of the article
of aluminum, products, HTSUS classification, and a customs entry number
for the import.
Qualified Companies must provide this information to the Department on
a quarterly basis. A failure to provide the information in this Section
will be considered a failure to substantially meet the milestones.
V. Consequences for Substantial Noncompliance With Milestones
If the Department determines that a Qualified Company has not
substantially met the milestones set forth in its commitments, the
Department will inform CBP that the Qualified Company is no longer
eligible to receive quarterly tariff adjustments. If the Qualified
Company returns to substantially meeting with the milestones, it shall
inform the Department and--if the Department concurs--the Department
will promptly inform CBP that the Qualified Company again may receive
quarterly tariff adjustments and that Qualified Imports entered during
the period after the Department halted quarterly tariff adjustments are
retroactively eligible for such adjustments.
If the Department determines that a Qualified Company has failed to
substantially meet its Qualifying Commitment, the Department will
promptly inform CBP that previous entries of Qualifying Imports must
be, as appropriate, either liquidated or reliquidated as no longer
eligible for the tariff adjustment and subject to all applicable
tariffs.
VI. Confidential Business Information
Submissions containing confidential business information must be
clearly marked as such.
VII. Authority
This notice is issued pursuant to the authority delegated to the
Secretary by Proclamation 10984 consistent with section 232 of the
Trade Expansion Act of 1962, as amended (19 U.S.C. 1862).
VIII. Amendment to the Harmonized Tariff Schedule of the United States
(HTSUS)
Proclamation 10984 authorized the Secretary, in consultation with
the Chair of the United States International Trade Commission and CBP,
to determine the modifications necessary to the HTSUS to effectuate
that proclamation and to make such modifications to the HTSUS through
notice in the Federal Register. Accordingly, the HTSUS is modified as
provided for in the Annex to this Notice.
IX. Paperwork Reduction Act
A Federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with an information collection subject to the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.) unless the information collection has a currently valid OMB
Control Number. The approved OMB Control Number for this information
collection is 0625-0285. Without this approval, we could not conduct
this information collection. Public reporting for this information
collection is estimated to be approximately 60 hours per response,
including the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and
reviewing the information collection. All responses to this information
collection are voluntary. Send comments regarding this burden estimate
or any other aspect of this information collection, including
suggestions for reducing this burden to the International Trade
Administration Paperwork Reduction Act Program: <a href="/cdn-cgi/l/email-protection#047476654470766560612a636b72"><span class="__cf_email__" data-cfemail="bcccceddfcc8ceddd8d992dbd3ca">[email protected]</span></a>.
William Kimmitt,
Under Secretary for International Trade, United States Department of
Commerce.
Annex
Effective with respect to goods entered for consumption, or
withdrawn from warehouse for consumption, on or after 12:01 a.m.
eastern standard time on April 23, 2026, subchapter III of chapter 99
of the Harmonized Tariff Schedule of the United States (HTSUS) is
modified as follows:
1. U.S. note 16 is modified by adding the following new subdivision
(h):
``(h) Heading 9903.82.18 applies to limited quantities of articles
of steel described in subdivision (c)(iii) of this note that: (1) were
melted and poured in Canada or Mexico; (2) qualify for preferential
treatment under the United States-Mexico-Canada Agreement, as provided
in general note 11 of the HTSUS; and (3) are authorized by the
Secretary of Commerce as eligible for a tariff reduction under this
heading pursuant to clause 13 of Presidential Proclamation 10984 of
October 17, 2025. Proclamation 10984 authorized the Secretary of
Commerce to reduce the applicable rate of duty for limited quantities
of articles of steel imported by steel producers that operate
production facilities in Canada or Mexico and that supply steel to U.S.
manufacturers of automobiles, medium- and heavy-duty vehicles,
automobile parts, and medium- and heavy-duty vehicle parts.
Any importer entering an article of steel covered by this note
under heading 9903.82.18 shall provide any information that may be
required, and in such form, as is deemed necessary by U.S. Customs and
Border Protection in order to permit the administration of this
heading.''
[[Page 21794]]
2. U.S. note 16 is modified by adding the following new subdivision
(i):
``(i) Heading 9903.82.19 applies to limited quantities of articles
of aluminum described in subdivision (c)(i) of this note that: (1) were
smelted and cast in Canada or Mexico; (2) qualify for preferential
treatment under the United States-Mexico-Canada Agreement, as provided
in general note 11 of the HTSUS; and (3) are authorized by the
Secretary of Commerce as eligible for a tariff reduction under this
heading pursuant to clause 13 of Presidential Proclamation 10984 or
October 17, 2025. Proclamation 10984 authorized the Secretary of
Commerce to reduce the applicable rate of duty for certain quantities
of aluminum imported by aluminum producers that operate production
facilities in Canada or Mexico and supply aluminum to U.S.
manufacturers of automobiles, medium- and heavy-duty vehicles,
automobile parts, and medium- and heavy-duty vehicle parts.
Any importer entering an article of aluminum covered by this note
under heading 9903.82.19 shall provide any information that may be
required, and in such form, as is deemed necessary by U.S. Customs and
Border Protection in order to permit the administration of this
heading.''
3. Subdivision (aa)(v)(1) of U.S. note 2 is modified by deleting
``99903.82.04-9903.82.17'' and inserting ``9903.82.04-9903.82.19'' in
lieu thereof.
4. Subdivision (a) of U.S. note 16 is modified by deleting
``headings 9903.82.02- 9903.82.17'' and inserting ``headings
9903.82.02-9903.82.19'' in lieu thereof.
5. Subdivision (b) of U.S. note 16 is modified by deleting
``9903.82.02-9903.82.17'' and inserting ``9903.82.02-9903.82.19'' in
lieu thereof.
6. Subdivision (c) of U.S. note 16 is modified by deleting
``9903.82.02-9903.82.17'' and inserting ``9903.82.02-9903.82.19'' in
lieu thereof.
7. U.S. note 33 modified by deleting ``9903.82.04-9903.82.17'' in
each place it appears and inserting ``9903.82.04-9903.82.19'' in lieu
thereof.
8. U.S. note 38 is modified by deleting ``9903.82.04-9903.82.17''
in each place it appears and inserting ``9903.82.04-9903.82.19'' in
lieu thereof.
9. Subdivision (a) of U.S. note 39 is modified by deleting
``9903.82.04-9903.82.17'' and inserting ``9903.82.04-9903.82.19'' in
lieu thereof.
10. The following new headings are inserted in numerical sequence,
with the material in each new heading inserted in the columns of the
HTSUS labeled ``Heading/Subheading'', ``Article Description'', ``Rates
of Duty 1-General'', ``Rates of Duty 1-Special'' and ``Rates of Duty
2'', respectively:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rates of duty
------------------------------------------------------------------------
Heading/subheading Article description 1
------------------------------------------------- 2
General Special
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``9903.82.18........................ Certain articles of steel, as provided no change.............. The duty provided in no change.
for in subdivisions (c)(iii) and (h) of the applicable
U.S. note 16 to this subchapter . . . subheading + 25%.
9903.82.19.......................... Certain articles of aluminum, as provided no change.............. The duty provided in no change.
for in subdivision (c)(i) and the applicable
subdivision (i) of U.S. note 16 to this subheading + 25%.
subchapter . . .
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[FR Doc. 2026-07987 Filed 4-22-26; 8:45 am]
BILLING CODE 3510-DS-P
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