Executive summary

A handful of significant United States (US) Trade developments emerged the week of 22-26 September 2025. In a notice issued on 26 September, the Department of Commerce's Bureau of Industry and Security (BIS) announced Section 232 investigations into imports of robotics and industrial machinery. Separately, BIS also issued a notice regarding Section 232 investigations into personal protective equipment (PPE) and medical equipment. These investigations aim to assess the impact of these imports on US national security and consider potential trade measures, including tariffs. In a 25 September 2025 TRUTH Social post, President Trump announced via TRUTH Social posts new tariff policies on pharmaceutical products, kitchen cabinets, bathroom vanities, heavy trucks and upholstered furniture.

Also on 25 September, the US Federal Circuit upheld the legality of the Section 301 Lists 3 and 4A tariffs in HMTX Industries LLC, et al. v. United States, confirming the USTR's authority under Section 301 to modify tariffs. The plaintiffs may seek a rehearing within 45 days or appeal to the US Supreme Court within 90 days.

On 23 September, US Customs and Border Protection updated filing guidance for replacement duties on imports from the European Union (EU), Japan and the United Kingdom (UK).

Finally, in a Federal Register notice published on 25 September, the International Trade Administration, US Department of Commerce and the Office of the United States Trade Representative (USTR) outlined the implementation of certain tariff-related elements of the US-EU Framework Agreement.

Section 232 investigation on robotics and industrial machinery

The BIS Section 232 investigation into the importation of robotics and industrial machinery includes parts and components. This broad category encompasses a wide array of machinery, such as robots and programmable, computer-controlled mechanical systems. It includes computer numerical control (CNC) machining centers, turning and milling machines, grinding and deburring equipment, and industrial stamping and pressing machines. Also covered are automatic tool changers, jigs, fixtures, and machine tools for cutting, welding and handling workpieces, as well as application-specific metalworking equipment like autoclaves, industrial ovens, metal finishing and treatment equipment, electrical discharge machining (EDM) machinery, and laser and water-cutting tools.

The BIS is soliciting comments on various aspects, such as domestic demand, foreign supply chain roles and the impact of foreign trade practices. This presents an opportunity for affected entities to provide input on potential tariffs and their implications. The comment period opened 26 September and will extend for a 21-day period — through 17 October 2025.

Section 232 investigation on PPE and medical equipment

A parallel Section 232 investigation targets imports of PPE, medical consumables and medical equipment, including a wide range of devices. These devices cover critical healthcare tools such as pacemakers, insulin pumps, coronary stents, heart valves, hearing aids, prosthetics, glucose monitors, orthopedic appliances, computed tomography (CT) scanners, magnetic resonance imaging (MRI) machines, electrosurgical and x-ray apparatuses, ventilators, respirators and oxygen equipment. BIS is soliciting comments on domestic production capabilities, foreign supply chain dependencies, and the potential need for additional trade measures to protect national security.

Entities involved in manufacturing or importing these items should consider participating in the consultation process to address potential impacts. The comment period opened 26 September and will extend for a 21-day period — through 17 October 2025.

Federal Circuit upholds Section 301 tariffs: Lists 3 & 4A remain in effect

The Federal Circuit's ruling in favor of the government in the HMTX Industries LLC v. United States, a leading case on Section 301 of Trade Act of 1974 (301 tariffs), upholds the legality of the Lists 3 and 4A tariffs imposed during the first Trump Administration that remain in effect today. The court confirmed that the USTR has broad authority under Section 301 to modify initial tariff actions, finding that Lists 3 and 4A fall within permissible modifications, despite the plaintiffs' argument to the contrary. The plaintiffs may request a rehearing en banc within 45 days or seek US Supreme Court review within 90 days, so further proceedings are expected and a final resolution may take several months.

Updated entry filing guidance

US Customs and Border Protection has issued updated entry filing instructions for replacement duties on imports from the EU, Japan and the UK. This guidance affects how businesses classify certain imports under Chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS). Companies should review these updates to ensure compliance and potentially revise their import plans.

New tariff announcements

In recent announcements on TRUTH Social, President Trump declared that several new tariff measures would commence on 1 October 2025. Although no further substantive guidance has yet been provided, an executive order or proclamation is anticipated. These recent announcements include:

• 100% ad valorum tariff imposed on any branded or patented pharmaceutical product, unless a manufacturing plant is actively under construction in the United States
• 50% ad valorum tariff imposed on all kitchen cabinets, bathroom vanities and associated products, and a 30% ad valorum tariff on upholstered furniture
• 25% ad valorum tariff applied to all "Heavy Trucks" made outside the US

Implementation of US-EU Framework Agreement

On 25 September 2025, the International Trade Administration and the USTR published a Federal Register Notice implementing certain tariff-related elements of the US-EU Framework Agreement. This agreement, announced on 21 August 2025, aims to establish reciprocal, fair and balanced trade between the US and the EU. The notice amends the HTSUS to adjust tariffs on specific EU-origin products. Key adjustments include:

• Automobiles and automobile parts: Tariffs on these products will be reduced or eliminated based on the EU's legislative actions. If the Most-Favored Nation (MFN) tariff is 15% or higher, the additional tariffs under Proclamation 10908 (issued 26 March 2025) will be removed. If the MFN tariff is less than 15%, the combined tariff will be adjusted to reach a total of 15%. These changes are effective for goods entered for consumption, or withdrawn from a warehouse for consumption, on or after 1 August 2025.
• Aircraft and aircraft parts: These products will be exempt from tariffs imposed by previous proclamations, reflecting a commitment to enhance trade in this sector. This exemption is effective for goods entered for consumption, or withdrawn from a warehouse for consumption, on or after 1 September 2025.
• Unavailable natural resources and generic pharmaceuticals: These items, including cork and certain chemical precursors, will benefit from MFN tariff rates, promoting fair trade practices.

These modifications reflect a commitment to resolving trade imbalances and enhancing economic cooperation between the US and the EU, the Notice indicates.

Conclusion

These developments underscore the evolving nature of US trade policy, with significant implications for businesses across various sectors. Affected entities should consider engaging in the public comment process for the Section 232 investigations, review the updated filing guidance and assess the impact of the new tariff policies and the US-EU Framework Agreement.

Actions for businesses to consider

Companies importing goods into the US may want to consider some of the following actions, provided they align with business objectives:

• Analyze the impact of updated tariff structures and framework agreements on import strategies and compliance obligations.
• Engage with legal and trade advisors to navigate the complexities of new regulations and ensure compliance.
• Evaluate existing contracts with suppliers and customers to understand the impact of tariff changes on duties.