In a temporary final rule published in the Federal Register on August 6, 2026, the Bureau of Industry and Security (BIS) announced that it was restricting the exportation of black mass and tungsten waste and scrap without a license.

BIS defines black mass as “shredded lithium-ion battery scrap that contains cathode material (which may include lithium, cobalt, nickel and manganese), anode material (graphite, silicon) or other residual battery cell materials.”

Under this rule, U.S. person who engage in the sale of black mass and tungsten waste and scrap must “allocate 100 percent of monthly sales to U.S. persons, unless an adjustment or exception is obtained in advance from BIS.”

BIS is accepting public comments through the Federal rulemaking portal at https://www.regulations.gov by November 4, 2026, on this temporary final rule.

This temporary final rule will be effective from August 27, 2026, through August 27, 2027.

Federal Register Notice 2026-16078 can be found here:
https://www.federalregister.gov/documents/2026/08/06/2026-16078/dpas-directive-allocation-order-and-additional-requirements-for-recoverable-critical-minerals-and