The US Department of Commerce announced that it had initiated separate investigations under section 232 of the Trade Expansion Act of 1962 into imports of a broad array of medical goods and imports of robotics and industrial machinery.  These new investigations illustrate the administration’s growing reliance on Section 232 investigations to impose tariffs. Section 232 authorizes the President, through the US Department of Commerce, to examine national security impacts of specific imports. In addition to these new investigations, the current administration has initiated Section 232 investigations on copper, timber and lumber, semiconductors, pharmaceuticals, trucks, critical minerals, commercial aircraft, polysilicon, unmanned aircraft and wind turbines.

Medical Goods Investigation

The investigation into medical goods will assess the national security impact of imports of personal protective equipment (PPE) (which includes surgical masks, gloves, gowns), medical consumables (syringes, IV pumps, forceps, catheters), medical equipment (wheelchairs, crutches, hospital beds), and medical devices (pacemakers, insulin pumps, stents, hearing aids, medical imaging equipment., ventilators).

The investigation will specifically probe:

• Current and projected domestic demand for the subject products
• Whether domestic production capacity can meet these demands
• Foreign supply chain reliance
• Concentration of imports from a small number of suppliers or foreign countries
• Impact of foreign subsidies and unfair trade practices on the competitiveness of US manufacturers
• Economic effects of artificially suppressed prices
• Export restrictions and supply weaponization by foreign countries
• Feasibility of increasing U.S. production capacity
• Impacts of current trade policies on domestic production and the necessity of potential additional measures such as tariffs or quotas
• Potential of foreign control or exploitation of supply chains
• Ability of foreign actors to weaponize the capabilities or attributes of foreign-built medical goods
• Any other relevant concerns

The official notice of the investigation was published in the Federal Register on September 26. Interested parties may submit comments on these issues raised by the investigation within 21 days after the publication of the notice in the Federal Register (i.e., by October 17).

Robotics and Industrial Machinery Investigation

The robotics and industrial machinery investigation will address computer numerical control (CNC) machining centers, turning and milling machines, grinding and deburring equipment, and industrial stamping and pressing machines, automatic tool changers, jigs and fixtures, machine tools for cutting, welding, and handling work pieces, metalworking equipment used to treat, form, or cut metal (such as autoclaves and industrial ovens), metal finishing and treatment equipment, electrical discharge machining (EDM) machinery, and laser and water-cutting tools and machinery. Unmanned aircraft, which are the subject of another pending Section 232 investigation, are outside the scope of this investigation.

As in the investigation focusing on medical goods, the robotics and industrial machinery investigation will assess:

• Current, projected, and optimal demand for robotics and industrial machinery
• Whether domestic production meets domestic demand
• Role of foreign supply chains in meeting domestic demand for robotics and industrial machinery
• Concentration of imports among a small number of suppliers or foreign nations
• Impact of subsidies and other trade practices by foreign governments on the competitiveness of the domestic industry for robotics and industrial machinery
• Impact of artificially suppressed prices due to unfair foreign trade practices and overproduction
• Potential for export restrictions by foreign countries
• Feasibility of increasing domestic production to ease reliance on foreign supplies to meet domestic demand
• Impact of current trade policies on domestic production and whether additional measures are necessary to protect national security
• Impact on US manufacturing employment
• Potential foreign control or exploitation of the supply chain for robotics and industrial machinery
• Ability of foreign actors to weaponize the capabilities or attributes of foreign-built robotics and industrial machinery
• Future role of robotics and industrial machinery in the production of items essential to national security

The Federal Register notice announcing this investigation was also published on September 26 and interested parties will have 21 days, or until October 17, to submit comments.