How to Draft a Section 232 Comment Letter That Actually Gets Read

The Bureau of Industry and Security receives thousands of public comments on a single Section 232 rulemaking, and BIS staff reading those comments to prepare the final rule preamble do not have time to give each one an equal read. A well-structured comment gets read carefully and cited by name in the final rule preamble. A poorly-structured comment gets logged as received, counted toward comment volume, and skimmed for whether it says anything the staff has not already seen. Comment letters landing before the Aug 27, 2026 close of docket BIS-2026-0331 (comment window on 14 proposed additional derivative article categories, per the Aug 6, 2026 Federal Register notice, document 2026-15961) have less than a week from this article's publication to be filed, and the structural difference between a comment that gets cited and a comment that gets logged is not length or legal polish. It is which sections are present and what specifically each section says.

This article describes public rulemaking procedure and drafting structure. It is not legal advice on trade compliance, tariff classification, or any specific product's exposure under a final Section 232 rule. Importers with material exposure to the proposed derivative-article categories should have a customs broker or trade attorney review any comment before filing, and should verify current docket status directly on regulations.gov docket BIS-2026-0331.

Section 1: Identify who you are and what you actually import

The first paragraph should name the commenter (individual, company, or trade association), briefly describe the commercial context, and state the specific product categories and HTS codes the commenter's business imports under. This paragraph is short. It is also the section that determines whether BIS staff read the rest carefully. A comment from "Anonymous concerned party" opposing tariffs generally is not a comment BIS staff will spend time on. A comment from "ACME Industrial Fasteners LLC, a mid-Atlantic importer of specialty fasteners under HTS 7318.15.6060 with $18M in annual import value from Vietnam and Taiwan" tells the staff exactly what data the comment is drawing on and exactly which proposed category the comment relates to.

Trade associations filing on behalf of members should identify the membership base (approximate number of member companies, industry cross-section, aggregate US import volume in the affected category) rather than filing a comment that reads as if written by a single company but signed by an association. BIS staff distinguish between association comments backed by member data and association comments that appear to advance a single member's interest under association letterhead.

Section 2: State your position on the specific proposed category or categories

A Section 232 comment window is not a general referendum on tariffs. It is a comment period on a specific proposed rule, with specific proposed categories, and the comment should engage with those specifics. A comment letter that opens with three paragraphs on international trade policy, macroeconomic effects of tariffs, or the commenter's philosophical view of Section 232 as a statutory framework is a comment that BIS staff will scroll past looking for the paragraph that engages with what the docket actually proposes.

The position statement should name the proposed category by its reference in the Federal Register notice (specific paragraph, specific subheading, or specific proposed HTS classification), state the commenter's position on that category (support, oppose, or support with modifications), and preview the specific reason. One sentence per proposed category the comment addresses is enough for this section. The reasoning goes in the next section.

Section 3: The technical reasoning: this is the section that gets read

Everything up to this point has been context. Section 3 is where the comment either becomes cited in the final rule preamble or gets filed as received-but-unremarkable. This section should identify a specific technical issue with the proposed category as written, describe how the issue arises in practice for the commenter's business, and (this is the part most comments skip) propose a specific alternative. "Oppose because tariffs will raise our costs" is not a comment BIS staff can act on. "The proposed category as written would sweep in HTS 7318.15.6060, which is functionally distinct from the intended target of fastener assemblies used in structural steel construction, because our specific product is a machined precision component used in medical device sterilization equipment; a narrower category boundary using end-use classification per the current Harmonized Tariff Schedule general rules in Title 19 would achieve BIS's stated concern without this overreach" is a comment that gives BIS staff a specific change to consider.

The strongest comments in this section include quantitative data specific to the commenter's business: annual import volume in the affected HTS code, current landed cost per unit, projected landed cost per unit if the category is finalized as proposed, and (where available) evidence that domestic supply cannot absorb the volume the tariff would price out of imports. This data is what BIS's economic analysis staff, reviewing the aggregate rulemaking record, actually look for. Vague claims of "significant impact" without numbers are down-weighted against comments providing specific dollar figures.

Section 4: Cite the underlying statute, precedent, and prior rulemaking

Section 232 authority derives from 19 U.S.C. section 1862, which authorizes tariff action to address imports impairing national security. A comment that acknowledges this statutory framework, and specifically argues why the commenter's proposed narrower category still serves the statute's purpose, carries more weight than a comment that argues against Section 232 generally or that ignores the statutory framework entirely. This is not because BIS staff need to be reminded of their own statutory authority. It is because a comment that cites the framework demonstrates the commenter understands the constraints BIS is working within and is proposing an alternative within those constraints.

Comments referencing prior Section 232 rulemaking outcomes (specific categories that were included, excluded, or modified in past derivative-article expansions per the Commerce Department's Section 232 program record on trade.gov) carry more weight still, because they show the commenter is aware of how BIS has resolved similar technical issues in the past and is proposing consistency rather than a novel exception.

Section 5: Propose the specific alternative language

The single highest-signal move in a Section 232 comment is proposing specific alternative regulatory language. Most comments describe a problem. Few comments propose the exact text of a fix. A comment that says "the category as written should be narrowed to exclude machined precision components under HTS 8479.90.9440 subject to end-use certification for medical device manufacturing, per the language framework already established in 15 CFR part 705 (the now-read-only Section 232 exclusion regulations)" gives BIS staff a specific edit they can consider adopting into the final rule.

This is where a comment can move from "logged" to "cited" in the final rule preamble. When BIS staff draft the preamble responding to public comments, they specifically respond to comments that proposed identifiable alternatives, either by adopting the alternative, explaining why the alternative was not adopted, or splitting the difference. A comment that only opposed the rule without proposing an alternative provides staff with nothing specific to respond to.

Section 6: Address the (now-terminated) exclusion process explicitly

Historically the appropriate mechanism for a product-specific carve-out was the Section 232 exclusion process at 15 CFR § 705.5. That process was terminated by Presidential Proclamations 10895 and 10896 on February 10, 2025 and the BIS exclusions portal has been read-only ever since. In the current regime the notice-and-comment window on the proposed rule is the *only* live product-specific path — there is no product-level exclusion process to fall back on post-finalization.

A well-drafted comment acknowledges this squarely: it does not point BIS at a post-final exclusion request that no longer exists, and it does not treat the comment channel as a placeholder for one. Instead, the comment either (a) argues the category as written should be narrowed, or (b) proposes that BIS establish a *new* product-specific carve-out mechanism in the final rule itself. Comments that quietly assume the terminated 705.5 pathway is still available read as unfamiliar with the current regulatory posture and get discounted accordingly.

Section 7: Close with a specific ask

The closing paragraph should state, in one or two sentences, the specific action the commenter is asking BIS to take. "We respectfully request that BIS narrow the proposed category to exclude HTS classifications 8479.90.9440 and 8479.90.9450 from the derivative-article expansion, or in the alternative, adopt an end-use certification carve-out for medical device manufacturing applications" is a closing that tells staff exactly what the comment is requesting. "We urge BIS to reconsider this rule" is not.

Formatting and submission

Regulations.gov accepts comments as either uploaded documents (PDF preferred) or as plain-text entries in the comment form. For any comment longer than about 500 words, upload a PDF: the plain-text form does not preserve heading structure well, and a comment with clear section headings is easier for staff to skim to the technical sections. Include the commenter's contact information on the document itself, not just in the regulations.gov submission form, because staff working from downloaded PDF copies do not always have easy access to the submission metadata.

Submit at least 24 hours before the deadline, not in the final hour, because regulations.gov traffic spikes near close of comment periods and submission failures at the last minute are common enough to be a real risk. The regulations.gov user guide recommends the same, and the practical experience of large trade associations filing repeatedly in Section 232 dockets confirms it.

What NOT to include

Several patterns show up in weak comments that BIS staff have publicly identified as noise rather than signal in the record. Emotional or hyperbolic language ("this rule will destroy our industry") without specific quantification is not a comment staff can act on. Templated form-letter comments identical to hundreds of others get counted for volume but do not shift the technical analysis. General attacks on trade policy or tariff-based instruments as a matter of philosophy are irrelevant to the specific rulemaking. Attaching thousands of pages of general industry reports as exhibits without pointing to specific data in those reports that supports a specific comment argument is not helpful.

Compare against the historical citation base

The most useful pre-drafting exercise is reading three or four prior Section 232 final rule preambles and noting which comments the preamble specifically cites. Those cited comments are the model. They are almost always short (5-15 pages), specific (naming HTS codes, providing dollar figures), and constructive (proposing specific alternative language rather than only opposing). A comment that follows this structural model has a materially higher probability of being cited than one that does not, regardless of the substantive position being argued.

FAQ

Do I need a lawyer to submit a Section 232 comment? No. Regulations.gov accepts comments from any individual or business, and effective comments do not require legal drafting. What effective comments require is technical specificity: HTS codes, dollar figures, and specific alternative language. A customs broker or trade compliance manager can produce a strong comment without an attorney's involvement.

How long should a Section 232 comment letter be? 5-15 pages is the range where cited comments cluster. A one-page comment usually lacks the technical detail that gets read. A 40-page comment usually contains 5 pages of substance buried in 35 pages of context, and the 5 pages of substance are what staff extract to their analysis. Structure and specificity matter more than length.

Can I submit the same comment to multiple Section 232 dockets? Technically yes, but doing so with a copy-pasted comment that does not engage with each docket's specific proposed categories reads as a form letter and gets weighted accordingly. If you have exposure to multiple Section 232 rulemakings, file a separate, docket-specific comment for each.

Will my comment be made public? Comments submitted to a federal rulemaking docket generally become part of the public record, viewable on regulations.gov by anyone. Requests for confidential treatment of specific business information (customer names, specific pricing) can be made at submission time under the docket's confidential-treatment procedures, but the general presumption is public.

What happens after the comment window closes on Aug 27, 2026? BIS staff review all timely comments as part of preparing the final rule. There is no fixed statutory deadline for how long this review takes for a Section 232 derivative-article rulemaking; the time between window close and final rule publication has historically ranged from several months to over a year, depending on the technical complexity and comment volume. Watching the docket page directly is the most reliable way to know when a final determination publishes.

Does BIS respond to individual comments? Not individually. BIS responds to the substantive issues raised in comments through the preamble of the final rule, which typically cites specific comments by name when they raised a distinct issue the agency wanted to address. Individual acknowledgments of receipt are not standard.

Related reading: our Aug 27 2026 BIS comment window guide covers the specific rulemaking this article's structural template is aimed at, and the Section 232 steel tariff rate guide covers the baseline rates the proposed derivative categories would layer on top of. Draft a structured comment from your HTS codes at /tariffwatch/submit-letter or check your exposure first at /tariffwatch/checker.

FAQ

Do I need a lawyer to submit a Section 232 comment?

No. Regulations.gov accepts comments from any individual or business, and effective comments do not require legal drafting. What effective comments require is technical specificity: HTS codes, dollar figures, and specific alternative language. A customs broker or trade compliance manager can produce a strong comment without an attorney's involvement.

How long should a Section 232 comment letter be?

5-15 pages is the range where cited comments cluster. A one-page comment usually lacks the technical detail that gets read. A 40-page comment usually contains 5 pages of substance buried in 35 pages of context, and the 5 pages of substance are what staff extract to their analysis. Structure and specificity matter more than length.

Can I submit the same comment to multiple Section 232 dockets?

Technically yes, but doing so with a copy-pasted comment that does not engage with each docket's specific proposed categories reads as a form letter and gets weighted accordingly. If you have exposure to multiple Section 232 rulemakings, file a separate, docket-specific comment for each.

Will my comment be made public?

Comments submitted to a federal rulemaking docket generally become part of the public record, viewable on regulations.gov by anyone. Requests for confidential treatment of specific business information (customer names, specific pricing) can be made at submission time under the docket's confidential-treatment procedures, but the general presumption is public.

What happens after the comment window closes on Aug 27, 2026?

BIS staff review all timely comments as part of preparing the final rule. There is no fixed statutory deadline for how long this review takes for a Section 232 derivative-article rulemaking; the time between window close and final rule publication has historically ranged from several months to over a year, depending on the technical complexity and comment volume. Watching the docket page directly is the most reliable way to know when a final determination publishes.

Does BIS respond to individual comments?

Not individually. BIS responds to the substantive issues raised in comments through the preamble of the final rule, which typically cites specific comments by name when they raised a distinct issue the agency wanted to address. Individual acknowledgments of receipt are not standard.