Section 232 derivative inclusions ended: what Proclamation 11021 changed

Proclamation 11021 of April 2, 2026, Strengthening Actions Taken to Adjust Imports of Aluminum, Steel, and Copper into the United States (published 91 FR 18201, April 9, 2026; FR Doc. 2026-06960), ended the prior aluminum, steel, and copper derivative inclusions processes. New derivatives can still join the tariff scope, but through a different channel.

If your classification desk still operates as if private parties petition Commerce into a fixed inclusions docket the way Proclamations 10895, 10896, and 10962 framed it, update the playbook. The petition-style inclusions pipelines are terminated. Rolling joint Commerce and USTR determinations, published by Federal Register notice, replace them.

The old Section 232 derivative inclusions processes are terminated. Commerce and USTR can still add derivatives on a rolling basis by Federal Register notice.

What clause (11) terminated

Proclamation 11021 clause (11) states that the inclusion processes established under clause (7) of Proclamation 10895, clause (6) of Proclamation 10896, and clause (3) of Proclamation 10962 are hereby terminated. Clause (10) of the proclamation's narrative findings and the White House presidential action page match that termination for aluminum, steel, and copper derivative inclusions.

The same clause authorizes the Secretary of Commerce and the U.S. Trade Representative to include additional derivative articles within the Section 232 aluminum, steel, or copper tariffs whenever they jointly determine that imports of a derivative article threaten to impair national security, contribute to the threats found in Proclamations 9704, 9705, or 10962, or otherwise undermine those actions. Inclusions apply to goods entered (or withdrawn from warehouse) on or after 12:01 a.m. eastern on the finding date or the first practicable effective date set in the FR notice. They may also reconsider, modify, or reverse their own inclusion decisions.

Regulatory cleanup confirms the kill

BIS's September 2026 polysilicon stockpiling Temporary Final Rule (91 FR 60505, Section V) expressly removes the aluminum and steel inclusions process from supplement no. 1 to 15 CFR part 705, citing Proclamation 11021's termination of the aluminum, steel, and copper derivatives inclusions process. The old supplement framework that hosted inclusions is not the live petition path anymore.

August 2026 public comment is a proposal, not automatic inclusion

On August 6, 2026, BIS published a Request for Public Comments on the Proposed Implementation of Duties on Additional Aluminum, Steel, and Copper Derivative Articles Under Section 232 (FR Doc. 2026-15961). That notice proposes additional derivative articles for possible addition under Proclamation 11021's rolling authority. A proposal plus a comment window is not itself an HTS duty flip. Do not reclassify or deposit Section 232 derivative duties on proposed lines until Commerce and USTR issue the operative Federal Register inclusion notice (or other controlling implementation) with an effective date.

Importer checklist for derivative HTS tracking

• 1. Pin current in-scope derivative HTS from Proclamation 11021 annexes and any later FR HTS modification notices (clause (15) authorizes Commerce/USTR HTS changes via FR notice).
• 2. Subscribe to Federal Register alerts for Section 232 aluminum, steel, and copper derivative inclusions and HTS corrections. The old timed inclusions-window calendar is gone.
• 3. Treat BIS/USTR public-comment proposals as watchlist items only until a joint inclusion FR notice sets an entry date.
• 4. When a new derivative is included, confirm the applicable additional ad valorem rate path under Proclamation 11021 (clause (11) points new inclusions generally to the clause (3) rate structure unless the article matches Annex I-A treatment).
• 5. Revisit drawback assumptions only against the operative proclamation text and CBP guidance for the specific Chapter 99 lines you actually pay.

This article is for general information and is not legal or tax advice. Drawback eligibility depends on your specific facts, and final refunds are determined by CBP at liquidation. Consult a licensed customs broker or attorney for your situation.