What Are Section 232 Investigations?
Section 232 investigations are a tool the U.S. government uses to determine the effect of certain imports on national security. These investigations are conducted under the Trade Expansion Act of 1962 (19 U.S.C. § 1862) and are led by the U.S. Department of Commerce.
Investigations may be triggered in several ways:
- An application from an interested party,
- A request from the head of any department or agency, or
- A decision made by the Secretary of Commerce.
Once an investigation begins, the Secretary of Commerce has 270 days to present the Department's findings and recommendations to the President. The statute requires the Department of Commerce to consult with the Department of Defense regarding the methodological and policy questions raised in a Section 232 investigation, other government agencies—such as the Departments of State and Labor—may also participate in Section 232 interagency working groups based on their expertise and interest.
How the Investigation Works
During the investigation, the Department of Commerce may allow the public to comment or present information and/or advice relevant to the investigation, primarily through a notice in the Federal Register. Additional information may come from surveys of producers, importers, and end users; on-the-record meetings with interested parties; site visits; and a review of public literature.
Once the Secretary finds that imports threaten or impai national security, the President then has 90 days to determine whether to accept the Secretary's findings.
What Key Factors Does the Department of Commerce Consider?
The Department of Commerce considers the following factors when assessing national security implications under Section 232:
- Requirements of the defense and essential civilian sectors;
- Growth requirements of domestic industries to meet national defense requirements;
- Quantity, quality, and availability of imports;
- Impact of foreign competition on the economic welfare of the essential domestic industry;
- Displacement of any domestic products causing substantial unemployment, decrease in the revenues of government, loss of investment or specialized skills and productive capacity; and
- Other factors relevant to the unique circumstances of the specific case.
Industries Currently Under 232 Investigation
The following industries are currently under Section 232 investigation:
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Copper
- Initiated March 10, 2025
- Regulations.gov Docket ID: BIS-2025-0010
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Timber and Lumber
- Initiated March 10, 2025
- Regulations.gov Docket ID: BIS-2025-0011
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Semiconductors and Semiconductor Manufacturing Equipment
- Initiated April 1, 2025
- Regulations.gov Docket ID: BIS-2025-0021
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Pharmaceuticals and Pharmaceutical Ingredients
- Initiated April 1, 2025
- Regulations.gov Docket ID: BIS-2025-0022
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Trucks
- Initiated April 22, 2025
- Regulations.gov Docket ID: BIS-2025-0024
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Processed Critical Minerals and Derivative Products
- Initiated April 22, 2025
- Regulations.gov Docket ID: BIS-2025-0025
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Commercial Aircraft and Jet Engines
- Initiated May 1, 2025
- Regulations.gov Docket ID: BIS-2025-0027
Latest Updates on Section 232 Tariffs — June 2025
As of June 4, 2025, the U.S. increased existing Section 232 tariffs:
- Steel and aluminum tariffs rose from 25 percent to 50 percent,
- Auto and auto parts remain under a 25 percent tariff,
- Products originating under the US-Mexico-Canada Agreement (USMCA) continue to be exempt from Section 232 tariffs and related International Emergecncy Economic Powers Act (IEEPA) surcharges; however, this may change.
We will continue to monitor developments closely and will provide updates as new information becomes available. If you have questions about how Section 232 investigations or tariffs could affect your business, feel free to reach out to our International team or contact Dino Vasquez directly. we’re here to help.
This article is provided for informational purposes only—it does not constitute legal advice and does not create an attorney-client relationship between the firm and the reader. Readers should consult legal counsel before taking action relating to the subject matter of this article.
