U.S. To Restrict Exports of Recoverable Critical Materials
Published July 31, 2026
Key Points
- Trump issued a Presidential Determination on July 30, 2026, under Section 101 of the Defense Production Act (DPA) for recoverable critical minerals and materials (CMMs).
- Commerce has authority to institute export restrictions on recoverable CMMs.
- The U.S. identified foreign dependence on certain CMMs as a risk to national defense and security.
- Covered recoverable CMMs include black mass, end-of-life rare-earth permanent magnets, swarf, and waste or scrap containing critical minerals.
- Copper scrap is excluded because it is already covered under a separate presidential proclamation.
On July 30, 2026, a
Presidential Determination was issued invoking Defense Production Act authority to restrict exports of recoverable critical minerals and materials (CMMs). The Secretary of Commerce is authorized to implement actions to secure the supply of these materials, including issuing regulations, rules, guidance, and procedures. According to the accompanying White House fact sheet, the U.S. has significant CMMs in finished goods such as permanent magnets and lithium-ion batteries but still relies on imports of certain CMMs that are vulnerable to supply chain disruptions.
What does “recoverable critical minerals and materials” mean?
According to the Presidential Determination, recoverable critical minerals and materials refer to materials that contain critical minerals and can be recovered from existing products, waste, or scrap, which include:
- Black mass
- End-of-life rare-earth permanent magnets
- Other goods that have completed the manufacturing process and contain critical minerals and materials
- Swarf
- Waste and scrap containing critical minerals and materials
Recoverable CMMs do not include copper scrap, which is already covered under Presidential Proclamation 10962 of July 30, 2025.
Important: The Presidential Determination does not immediately impose new export restrictions. Any specific requirements will depend on actions taken by the Department of Commerce.
How GHY Can Help?
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