Trump Administration Initiates Section 232 Investigation on Medical Supplies | White & Case LLP

On September 24, 2025, the U.S. Department of Commerce Bureau of Industry and Security (BIS) announced the initiation of an investigation into the effects on U.S. national security of imports of personal protective equipment, medical consumables, and medical equipment, including devices.¹ The investigation could result in the imposition of tariffs or other import restrictions by Spring 2026. BIS is conducting the investigation under Section 232 of the Trade Expansion Act of 1962 (Section 232), a law that empowers the president to restrict imports of products that threaten to impair national security.² Section 232 investigations can take up to 270 days to complete (setting the latest date for completion in May 2026), but the Trump administration has signaled it intends to move faster. Like other recent Section 232 investigations, the new initiation notice provides a short timespan for public comments and does not reference plans to hold a public hearing.

Initiation notice and scope

The investigation notice on medical supplies describes the investigation as seeking to, “determine the effects on the national security of imports of personal protective equipment (PPE), medical consumables, and medical equipment including devices.” The notice elaborates on what is within the scope of each of the categories, as follows:

• “Personal protective equipment (PPE) refers to PPE used in health care settings. PPE includes, but is not limited to, surgical masks, N95 respirators, gloves, gowns, and related medical parts and components.”
• “Medical consumables refers to single-use or short-term-use items used for patient diagnosis, treatment, and prevention of conditions. Medical consumables include but are not limited to: medical/surgical instruments (e.g., syringes, needles, infusion (IV) pumps, forceps, scalpels); medical/surgical supplies (e.g., intravenous (IV) bags, catheters, tracheostomy tubes, anesthesia equipment, gauze/bandages, sutures, diagnostic and laboratory reagents); and related medical parts and components. Pharmaceuticals, such as prescription drugs, over-the-counter drugs, biologics, and specialty drugs, will not be covered under this investigation as those imports are being examined in a separate Section 232 investigation.”³
• “Medical equipment refers broadly as durable equipment, tools, and machines used in healthcare to support patient care. Examples include but are not limited to: carriages and wheelchairs; crutches; and hospital beds.”
• “A medical device is any instrument, apparatus, or machine used in the diagnosis, monitoring, or treatment of medical conditions. Examples include but are not limited to: pacemakers; insulin pumps; coronary stents; heart valves; hearing aids; robotic and non-robotic prosthetics; blood glucose monitors; orthopedic appliances; electromedical apparatus (e.g., computed tomography scanners, magnetic resonance imaging machines); electrosurgical apparatus; x-ray apparatus/other radiation equipment; respiratory machines (e.g., ventilators, respirators, oxygen apparatus); and MRI machines.”

Opportunity for public comments

Interested stakeholders may submit comments through the public docket at Regulations.gov. Comments are due by October 17, 2025. The notice provides additional instructions on how to participate and submit comments. BIS will consider and respond to public comments as it conducts the investigation. Participating in the public comment process can help shape the outcome of the investigation and prompt regulators to further clarify actions. The BIS notice does not mention public hearings (public hearings are discretionary for Section 232 investigations).

The notice highlights that BIS is especially interested in comments that directly address the regulatory criteria for determining the effects of imports on national security. The notice states that comments addressing the regulatory criteria could include answering questions related to:

(i) The current and projected demand for PPE, medical consumables, and medical equipment, including devices, in the United States;

(ii) the extent to which domestic production of PPE, medical consumables, and medical equipment, including devices, can meet domestic demand;

(iii) the role of foreign supply chains, particularly of major exporters, in meeting United States demand for PPE, medical consumables, and medical equipment, including devices;

(iv) the concentration of U.S. imports of PPE, medical consumables, and medical equipment, including devices, from a small number of suppliers or foreign nations and the associated risks;

(v) the impact of foreign government subsidies and predatory trade practices on the competitiveness of PPE, medical consumables, and medical equipment, including devices, manufacturers, in the United States;

(vi) the economic impact of artificially suppressed prices of PPE, medical consumables, and medical equipment, including devices, due to foreign unfair trade practices and state-sponsored overproduction;

(vii) the potential for export restrictions by foreign nations, including the ability of foreign nations to weaponize their control over supplies of PPE, medical consumables, and medical equipment (including devices);

(viii) the feasibility of increasing domestic capacity for PPE, medical consumables, and medical equipment, including devices, to reduce import reliance;

(ix) the impact of current trade policies on domestic production of PPE, medical consumables, and medical equipment, including devices, and whether additional measures, including tariffs or quotas, are necessary to protect national security;

(x) the potential for foreign control or exploitation of supply chains for PPE, medical consumables, and medical equipment, including devices, supply chain;

(xi) the ability of foreign persons to weaponize the capabilities or attributes of foreign-built PPE, medical consumables, and medical equipment, including devices; and

(xii) any other relevant factors.

The Trump administration’s Section 232 investigations

The Trump administration’s recent activities

The Section 232 investigation on medical supplies is one of two investigations announced on September 24, the other being on robotics and industrial machinery.⁴ The two announcements are the latest in a series of sector-specific tariff actions by the Trump administration. Since taking office on January 20, 2025, President Trump has expanded the Section 232 tariffs on steel and aluminum; revived a Section 232 investigation from his first term to impose tariffs on imports of passenger vehicles, light trucks, and certain automotive parts; and imposed new tariffs on semi-finished copper and intensive copper derivative products. Other ongoing Section 232 investigations target imports of timber, lumber, and wood products; semiconductors and semiconductor manufacturing equipment; pharmaceuticals and pharmaceutical ingredients; processed critical minerals and downstream products; trucks and truck parts; commercial aircraft and jet engines and their parts; wind turbines and their parts and components; and unmanned aircraft systems (UAS) and their parts and components.

Though the Section 232 process allows BIS up to 270 days to complete the investigation and another 90 days for the president to make a policy determination, the Trump administration has moved unusually quickly with its new investigations. The first new Section 232 action completed in 2025 (addressing imports of copper) saw tariffs implemented 144 days after BIS initiated the investigation. President Trump and senior administration officials have repeatedly stated that the outcomes of the other ongoing investigations are imminent, though they have provided few specific details.

President Trump’s two-track tariff strategy

In recent months, the Trump administration has appeared to move towards a two-track tariff strategy, imposing (i) “baseline” and “reciprocal” tariffs on most products from most countries under the International Emergency Economic Powers Act (IEEPA), apparently seeking to negotiate more favorable market access conditions in return for the lifting of the tariffs; and (ii) Section 232 tariffs on imports associated with industries the Trump administration views as strategically important. Unlike most other tariffs President Trump has imposed, the IEEPA “baseline”https://www.jdsupra.com/”reciprocal” tariffs and the Section 232 tariffs do not “stack” on top of each other. Instead, products affected by Section 232 tariffs are exempt from the IEEPA “baseline”https://www.jdsupra.com/”reciprocal” tariffs.

The Trump administration’s recent trade deal framework agreements with U.S. allies include commitments to moderating some of the active and potential future Section 232 tariff actions, in addition to reductions to the IEEPA “baseline”https://www.jdsupra.com/”reciprocal” tariffs:

• The agreements with the United Kingdom, European Union, and Japan include reduced automotive Section 232 tariff rates or alternative tariff-rate quotas.
• The agreement with the UK includes a commitment to negotiating preferential treatment for UK goods subject to the ongoing Section 232 investigation on pharmaceuticals and pharmaceutical ingredients, as well as a general commitment to negotiate preferential treatment for the UK in any future Section 232 tariff actions.
• The agreement with the EU commits to a 15% maximum tariff for any potential Section 232 tariffs on timber, lumber, and wood products; pharmaceuticals and pharmaceutical ingredients; and semiconductors and semiconductor manufacturing equipment.
• The agreement with Japan includes a commitment to providing imports from Japan with treatment that is no less favorable than that provided to any other trade partner in the potential Section 232 tariff actions on pharmaceuticals and pharmaceutical ingredients as well as semiconductors and semiconductor manufacturing equipment.

The other ongoing Section 232 investigations, including the two announced on September 25, are not specifically referenced in any of the framework agreements. U.S. trade partners, including the UK, EU, and Japan, are unlikely to receive any benefits under these investigations or ensuing trade measures without further negotiations.

1 “Notice of Request for Public Comments on Section 232 National Security Investigation of Imports of Personal Protective Equipment, Medical Consumables, and Medical Equipment, Including Devices” 90 FR 46383 (September 26, 2025).
2 See 19 U.S.C. §1862; and 15 C.F.R. part 705. More information on BIS’ ongoing Section 232 investigations and past reports can be found on the BIS website.
3 See “Notice of Request for Public Comments on Section 232 National Security Investigation of Imports of Pharmaceuticals and Pharmaceutical Ingredients,” 90 FR 15951 (April 16, 2025).
4 “Notice of Request for Public Comments on Section 232 National Security Investigation of Imports of Robotics and Industrial Machinery,” 90 FR 46382 (September 26, 2025).

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