The US Bureau of Industry and Security (BIS) will require domestic sellers of black mass and tungsten waste and scrap to allocate 100pc of their monthly sales to US buyers, effectively closing off exports of both materials without prior approval, according to an unpublished filing in the US Federal Registry.
The temporary final rule will be published in the Federal Register on 6 August.
The order implements a 30 July presidential determination under section 101 of the Defense Production Act, which found recoverable critical minerals and materials to be scarce and essential to national defense. BIS said import dependence threatens sustained supply chain disruption and that urgent circumstances made prior notice and comment impracticable.
Covered material must remain physically in the US unless BIS authorizes otherwise. The rule applies to tungsten waste and scrap under and to black mass, and BIS defines black mass as shredded lithium-ion battery scrap containing cathode or anode material, or other residual cell materials. Battery scrap under those codes that falls outside the definition is not restricted.
Companies may request adjustments or exceptions on a rolling basis, including for material sent abroad for processing or refining and then returned to the US.
BIS said it intends to respond within 14 days and can grant interim temporary licenses, but Customs and Border Protection may detain shipments pending review.
Tungsten waste and scrap exports totalled 2,183 metric tonnes (t) in 2026 through June, already close to the 2,202t exported during all of 2025, according to US customs data.
US black mass exports across the three listed codes totaled 46,693t in the first half of the year, against 100,667t for all of 2025.
