The Bureau of Industry and Security has issued a temporary final rule to restrict the exportation of the following materials without a license.
- black mass; i.e., any shredded lithium-ion battery scrap that contains cathode material (which may include lithium, cobalt, nickel, and manganese), anode material (graphite, silicon), or other residual battery cell materials (schedule B codes 8549.13.0000, 8549.14.0000, and 8549.19.0000)
- tungsten waste and scrap (schedule B code 8101.97.0000)
This action follows a presidential determination authorizing BIS to institute export restrictions on recoverable critical minerals and materials.
Under this rule, during the period Aug. 27, 2026, through Aug. 27, 2027, U.S. persons engaged in the sale of black mass and tungsten waste and scrap must allocate 100 percent of monthly sales to U.S. persons unless an adjustment or exception is obtained in advance from BIS. In practical terms, BIS states, this means that these materials “may not be exported from the United States” and “must remain physically located within the United States” unless otherwise explicitly authorized by BIS. Any covered materials intended for export may be detained by U.S. Customs and Border Protection while BIS conducts its review of the shipment.
However, BIS will consider granting adjustments, exceptions, or interim relief from this rule in specified scenarios, including for exports of covered items for processing or refining when the resulting material is returned to the U.S.
BIS is accepting comments until Nov. 4 on whether any additional sales requirements are necessary or appropriate to promote the national defense. This could include imposing similar export restrictions on other critical minerals or materials.
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