New Federal Export Bans on Battery Scrap Lock down Domestic Supplies
Importers and recyclers must route battery and tungsten scrap domestically as new export controls take effect.

Briefing
On August 6, 2026, the US Bureau of Industry and Security issued a temporary final rule under the Defense Production Act of 1950 restricting battery and tungsten scrap exports by requiring U.S. sellers to direct all monthly sales to domestic buyers. Electric vehicle battery processors, electronics recyclers, and procurement teams must now reroute feedstock, cutting off foreign refiners from U.S. supply. The rule imposes a complete 100 percent domestic allocation on all covered waste sales.

Context
Before this ruling, procurement teams operated on the assumption that domestic metal refining would build out slowly, counting on battery scrap and electronic waste flowing to established refiners in Europe and Asia until local infrastructure matured.

Analysis
The Bureau of Industry and Security stepped in to address a domestic shortage of critical minerals essential to key industrial sectors. Black mass ~ the shredded lithium-ion battery residue containing lithium, cobalt, and nickel ~ was leaving the country before local facilities could extract those metals. The rule locks these raw materials inside the domestic market.
Forcing processors to keep output in the U.S. depresses local scrap prices while raising acquisition costs for foreign refiners reliant on American supply. Recyclers moving material to overseas subsidiaries face the same restriction, since the regulations classify shipments to foreign affiliates as sales.

Parameters
- Domestic Allocation Rate ~ U.S. sellers must route 100 percent of monthly scrap transactions to domestic buyers.
- Effective Date ~ August 27, 2026, when export restrictions take effect.
- Regulatory Duration ~ 386 days, representing the period temporary restrictions remain in force unless modified by regulators.
- Covered Waste Categories ~ Tungsten scrap and black mass battery waste containing cathode materials under Schedule B.

Outlook
Procurement managers will need to track how many exemptions the Bureau of Industry and Security approves. The agency established a process to authorize toll-processing arrangements if the refined metals return to the United States. If most applications are denied, domestic refining capacity will struggle to absorb the surplus scrap, driving down local black mass prices.

Verdict
Buyers must audit their battery and tungsten scrap supply chains to ensure all feedstock remains in the United States and prepare for domestic-only contract renegotiations.
