EEI Filing Requirements for DPAS Directive Allocation Order for Black Mass and Tungsten Waste and Scrap
August 26, 2026
The Bureau of Industry and Security (“BIS”) published a temporary final rule (91 FR 50701) to implement a Directive Allocation Order to restrict the exportation of black mass and tungsten waste and scrap without a license or authorization. Specifically, as of August 27, 2026, 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 (referred to as a “domestic sales requirement”), unless an adjustment or exception is obtained in advance from BIS. BIS may authorize both company-specific and generally applicable adjustments or exceptions– i.e., a DPAS license–from the domestic sale requirement at its discretion, if BIS determines the adjustment or exception is necessary or appropriate to promote the national defense. This action is taken pursuant to section 101 of the Defense Production Act of 1950, as amended (“DPA” or the “Act”), the Defense Priorities and Allocations System (15 CFR Part 700) (“DPAS”), and Presidential Determination 2026-19, in which the President authorized the Department of Commerce (“Commerce”) to address the scarcity of recoverable critical minerals and materials (“CMMs”).
For purposes of this Directive Allocation Order, the Directive Allocation Order captures Schedule B codes 8549.13.00.00, 8549.14.00.00, and 8549.19.00.00, and is limited to “black mass” as defined in the Directive Allocation Order. “Black mass” is defined as any shredded lithium-ion battery scrap that contains cathode material (which may include aluminum, copper, iron, lithium, cobalt, nickel, and manganese), anode material (graphite, silicon) or other residual battery cell materials.
All other materials captured under Schedule B codes 8549.13.00.00, 8549.14.00.00, and 8549.19.00.00 that do not fall under the Directive Allocation Order’s definition of “black mass” are not subject to this Directive Allocation Order. Specifically, materials captured under Schedule B codes 8549.13.00.00, 8549.14.00.00, and 8549.19.00.00 that are not shredded lithium-ion battery scrap that contains cathode material (which may include aluminum, copper, iron, lithium, cobalt, nickel, and manganese), anode material (graphite, silicon) or other residual battery cell materials, are not subject to this Directive Allocation Order.
Additionally, this Directive Allocation Order covers tungsten waste and scrap (captured under Schedule B code 8101.97.00.00).
This new Electronic Export Information (EEI) DPAS filing requirement is in addition to other EEI filing requirements, such as requirements for items subject to the Export Administration Regulations (EAR). Shipments subject to the Directive Allocation Order Requirements for Black Mass and Tungsten Waste and Scrap (“DPAS Directive Allocation Order”) that do not follow the requirements in this AES broadcast may be held at port and cause delays in shipments. These additional EEI filing requirements in the Automated Export System (AES) are needed to ensure shipments subject to the DPAS Directive Allocation Order are seamlessly identified.
All shipments under the four Schedule B codes (8101.97.00.00, 8549.13.00.00, 8549.14.00.00, and 8549.19.00.00) subject to this DPAS Directive Allocation Order will be flagged internally by CBP for additional screening. BIS outlines the following scenarios as guidance for industry to adhere to DPAS Directive Allocation Order requirements:
- If the Schedule B number is covered by the DPAS Directive Allocation Order and a DPAS license is required but no EAR license is required, filers should report license type code C30 and enter the license number starting with the letter “S.” CBP will then check against an internal system to ensure the filer is allowed to export the items in the manner specified on their filing.
- If the Schedule B code is a match for one of the three “black mass” Schedule B numbers but NEITHER an EAR nor a DPAS license is required (i.e., it does not fit the definition of “black mass” outlined in DPAS Directive Allocation Order), then filers are required to input “DPASNO” as the first text to appear under the Commodity description block in the EEI filing in AES. This will flag to CBP that this shipment does not require a DPAS license. Filers in this scenario should report C33.
- When both a DPAS license and an EAR license are required, the filer should enter the EAR license number on the first commodity line and the DPAS license number on a subsequent commodity line. To ensure accurate value deduction from each specific license, the license values reported on each commodity line must correspond to the amount being filed against the associated license. Filers are required to use license type code C30 for both commodity lines.
- In the situation where an EAR license is required but a DPAS license is NOT required, the filer is required to input the EAR license number as is customarily required and also input “DPASNO” as the first text to appear under the Commodity description block in the EEI filing in AES. Filers in this scenario should report license type C30.
When shipping 8101.97.00.00, 8549.13.00.00, 8549.14.00.00, and 8549.19.00.00 items, filers should use the Schedule B number, as opposed to the Harmonized Tariff Schedule of the United States (HTS) number.
Failure to use AES properly or attempts to circumvent DPAS license requirements by incorrectly noting “DPASNO” will receive heightened scrutiny and be prioritized for enforcement actions to the fullest extent of the law.
BIS Contact Information: DPASAllocations@bis.doc.gov
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