On September 24, the Bureau of Industry Security (BIS) of the Department of Commerce (Commerce) announced that on September 2, it initiated two new investigations under Section 232 of the Trade Expansion Act of 1962 to determine the impact of certain imports on US national security. The Commerce Department is now inviting public comments concerning the investigations by no later than Friday, October 17, 2025." Click here for the Notice.

Notice Details

Investigation into PPE, Medical Consumables, Medical Equipment, and Medical Devices

Commerce announced an investigation to determine the effects on national security of imports of personal protective equipment (PPE), medical consumables, and medical equipment including devices. These terms are defined broadly in the notice, and in most cases the examples of products that may be in scope are non-exhaustive.

• Commerce describes "PPE" to mean PPE used in healthcare settings, including "surgical masks, N95 respirators, gloves, gowns, and related medical parts and components."
• Commerce further describes "medical consumables" to include "single-use or short-term-use items used for patient diagnosis, treatment, and prevention of conditions." This includes but is 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."
• The notice also defines "medical equipment" to include "durable equipment, tools, and machines used in healthcare to support patient care," such as "carriages and wheelchairs; crutches; and hospital beds."
• Commerce describes a "medical device" to include "any instrument, apparatus, or machine used in the diagnosis, monitoring, or treatment of medical conditions," such as "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."

Pharmaceuticals are explicitly excluded from this investigation since they are covered by a separate section 232 investigation.

In inviting public comments, Commerce notes that it is particularly interested in feedback from stakeholders on the projected demand for these products and understanding the supply chain for these products, including the role of domestic and foreign supply chains in meeting that demand, as well as the feasibility of increasing domestic production. Commerce also invites input regarding unfair trade practices by trading partners, state sponsored overproduction, and whether foreign control of these supply chains could be weaponized against the United States.

The notice is expected to be published in the Federal Register on Friday, September 26, and comments are due to the Commerce Department 21 days thereafter — on or about Friday, October 17.

Investigation into Robotics and Industrial Machinery

Commerce also announced an investigation to determine the effects on national security of imports of robotics and industrial machinery, and their parts and components.

Commerce broadly defines "robotics and industrial machinery" to include "robots and programmable, computer-controlled mechanical systems." For purposes of the investigation, the following are also included:

• CNC machining centers, turning and milling machines, grinding and deburring equipment, and industrial stamping and pressing machines;
• automatic tool changers, jigs and fixtures, and machine tools for cutting, welding, and handling work pieces; and
• application-specific specialty metalworking equipment used to treat, form, or cut metal, such as autoclaves and industrial ovens, metal finishing and treatment equipment, EDM machinery, and laser and water-cutting tools and machinery.

Unmanned aircraft systems are explicitly excluded since they are covered by a separate section 232 investigation.

The notice is expected to be published in the Federal Register on Friday, September 26, and comments are due to the Commerce Department 21 days thereafter — on or about Friday, October 17.

Timelines for Section 232 Investigations

By statute, the Commerce Department has up to 270 days to complete a section 232 investigation and issue a report to the President. Once the President receives the report, he has 90 days to decide whether to act. If the President decides to act, he has another 15 days to implement.

That said, investigations can and often do move more quickly. Companies with potential equities in the investigation should consider participating in the public process and engaging with the Commerce Department at the earliest opportunity.