HOUSTON, August 4th (Argus) - According to an unannounced filing in the US Federal Register, the Bureau of Industry and Security (BIS) will require domestic sellers of black powder and tungsten waste to allocate 100% of their monthly sales to US buyers. In effect, this has closed the export of these two types of items without prior approval.
This interim final rule will be published in the Federal Register on August 6th.
This order implements the presidential ruling made on July 30th under Section 101 of the Defense Production Act, which determined that recovered critical minerals and materials are scarce and crucial to national defense. BIS stated that import dependence threatens ongoing supply chain disruptions, and the emergency situation makes prior notification and public comment infeasible.
Unless BIS grants additional authorization, the relevant materials must remain within the United States. This rule applies to tungsten waste and black powder. BIS defines black powder as crushed lithium-ion battery waste or other residual battery materials containing positive or negative electrode materials. Battery waste that does not meet this definition is not subject to restrictions.
Businesses can apply for adjustments or exemptions at any time, including for materials sent for processing or refining abroad and then returned to the United States.
BIS stated it will respond within 14 days and may grant a temporary license, but the Customs and Border Protection Agency can detain the goods during the review period.
According to US Customs data, the total export of tungsten waste from 1 to 6 months in 2026 was 2,183 metric tons, approaching the 2025 annual export volume of 2,202 tons.
In the first half of this year, the total export of black powder under these three codes from the United States was 46,693 tons, while the 2025 annual total was 100,667 tons.
