Commerce opens Section 232 investigations on PPE/medical equipment and robotics/industrial machinery

On Sept. 2, the Department of Commerce (“DOC”) launched two new Section 232 national security investigations. The notice of these investigations was published in the Federal Register on Sept. 26. The targets: imports of personal protective equipment (“PPE”) and medical equipment, and imports of robotics and industrial machinery.

Why now? Because supply chains – once an afterthought – are now seen as the soft underbelly of national security. COVID-19 exposed the danger of overreliance on foreign sources. The administration seeks to address these supply chain vulnerabilities and advance the strategic importance of domestic manufacturing and medical technologies.

What’s at stake

Section 232 gives the government authority to restrict imports if they threaten national security. In practice, that has meant tariffs. First steel and aluminum, then autos and auto parts. Now, medical gear and robotics.

The DOC’s Bureau of Industry and Security (“BIS”) is asking for public input. The comment window runs until Oct. 17. Stakeholders – manufacturers, importers, healthcare providers – have just three weeks to weigh in.

The PPE and medical equipment investigation

The first inquiry covers a wide range from syringes and IV pumps to hospital beds, wheelchairs, and sophisticated devices. BIS wants to know:

• Can U.S. producers meet current and future demand?
• How dependent are we on foreign suppliers?
• Are prices distorted by subsidies or predatory practices?

In plain terms, can America make what it needs, or is it vulnerable to supply disruptions, or worse, economic coercion?

The agency is clearly noting national security concerns as it evaluates potential concentration risks from reliance on limited suppliers, the effects of predatory trade practices, and the impact of artificially suppressed prices due to unfair trade or state-sponsored overproduction. This concern about the “weaponization” of foreign supplies means the BIS is considering all options, including the potential for export restrictions, the feasibility of expanding domestic production, and whether tariffs or quotas can effectively be used to address supply chain vulnerabilities.

The robotics and industrial machinery investigation

The second probe casts a wide net: computer numerical control (“CNC”) machining centers, presses, milling machines, industrial ovens, laser cutters, and more. Only unmanned aircraft systems are excluded.

BIS is asking similar questions: what is the scale of U.S. demand, where do imports come from, and how much of that market is underwritten by foreign subsidies? The agency is also weighing national security directly: what happens if foreign‑built machines, critical to aerospace, defense, or advanced manufacturing, become tools of leverage?

Impact

If the past is prologue, these reviews could reshape entire industries:

• Healthcare providers and device makers may face higher costs or restricted access to critical supplies.
• Manufacturers in automotive, aerospace, and high‑tech sectors may see robotics and machine tools caught up in new tariffs.

For businesses, the 21‑day comment period is not a formality. It is the only opportunity to shape the record before BIS draws conclusions, and before tariffs are imposed.

Companies in healthcare, robotics, and manufacturing should assess exposure now. Submitting comments can help ensure your concerns are heard.

For guidance on the process or to discuss potential impact, please contact Clark Hill’s International Trade team:

Contact Clark Hill

If you have any questions regarding the content of this alert, please contact Mark Ludwikowski (mludwikowski@clarkhill.com; 202-640-6680), Kevin Williams (kwilliams@clarkhill.com; 312-985-5907), Aristeo Lopez (alopez@clarkhill.com; 202-552-2366), Kelsey Christensen (kchristensen@clarkhill.com; 202-640-6670), Laura M. Quesada (Lquesada@clarkhill.com; 202-240-0170), or other member of Clark Hill’s International Trade Business Unit.

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