The Office of the U.S. Trade Representative is asking American producers and workers to document how the European Union's carbon-border rules affect them, including whether an enforcement response would be appropriate. Its October 8 notice opens a comment window; it does not announce an enforcement action.
What already applies
The Carbon Border Adjustment Mechanism, or CBAM, covers selected goods in six sectors: aluminum, cement, electricity, fertilizer, hydrogen, and iron and steel. EU importers report greenhouse-gas emissions generated in producing the goods and obtain certificates linked to those emissions.
The European Commission's own explanatory pages confirm that the definitive regime began January 1, 2026, with reporting and certificate obligations. USTR's notice says covered imports from that date accrue financial obligations even though payment of CBAM obligations does not begin until September 2027.
For U.S. suppliers, the data matters: USTR says EU importers must obtain company-level emissions information from foreign producers or use EU default values when it is unavailable. Company-level data must be checked by an EU-accredited verifier.
What could expand
USTR also wants evidence about proposals to add more steel- and aluminum-intensive goods. Its notice describes separate positions from the European Commission, Council and Parliament. Those institutions still must reconcile their differences and formally approve legislation before the proposals become law.
The request asks about costs, regulatory burdens, market access and differences in treatment compared with EU or other countries' companies. USTR specifically invites product details, trade values, lost sales, effects on jobs, business size and production location. It also asks what enforcement action, if any, may be appropriate.
How to comment
The printed cutoff is November 9, 2026, at 11:59 p.m. Eastern, under docket USTR-2026-0661 on Regulations.gov. Submissions must be in English. USTR prefers an attached Word or PDF document and says to keep the tracking number confirming receipt.
Comments generally become public. A business seeking confidential treatment must certify the information is confidential, identify the confidential file with a filename beginning BCI, and mark affected pages BUSINESS CONFIDENTIAL. It must also submit a public version with a filename beginning P. The notice gives the full instructions and a contact for arranging alternatives to online submission.