Trump administration announces Section 232 inclusion process for automobile parts
The U.S. Department of Commerce (“DOC”) has released an Interim Final Rule to be published on Sept. 17 that establishes a new process to expand the scope of Section 232 tariffs. This rule allows additional automobile parts for passenger vehicles and light trucks to be swept into duties imposed earlier this year under President Trump’s Automobile Proclamation. If implemented, the measure would widen the reach of Section 232 tariffs to imports previously untouched. The public comment period opens on Sept. 17 and will remain open for 45 days.
From exclusions to inclusions
For years, the story of Section 232 was about carve-outs as importers could petition for exclusions from tariffs. This changed in the second Trump administration, with the Feb. 10 Executive Order (“EO”) Adjusting Imports of Steel into the United States. The Trump administration terminated the exclusion process and broadened the reach of Section 232 to capture derivative downstream steel and aluminum products.
The pivot was decisive. On April 30, the DOC’s Bureau of Industry and Security unveiled the first inclusion process, inviting requests to expand tariffs to more steel and aluminum derivatives. By Aug. 19, the administration had already acted by publishing its first round of inclusions in the Federal Register.
The second Trump administration has now imposed Section 232 tariffs on an increasing variety of products, including automobiles and automobile parts. On March 26, the administration issued an EO Adjusting Imports of Automobiles and Automobile Parts into the United States, imposing tariffs with the intent of restoring the auto industry in the United States. Powered by Section 232, this EO applied tariffs to all imports of passenger vehicles and light trucks, and certain automobile parts.
The automotive parts inclusion process
The Trump Administration again demonstrates its preference to expand tariffs to an increasing variety of imports. Much like the April 30 interim final rule creating an inclusion process for steel and aluminum derivatives, the Sept. 17 interim final rule seeks to create an inclusion process to add additional automobile parts articles for passenger vehicles and light trucks to the scope of the Section 232 tariffs.
Automobile part inclusion requests can be filed four times annually: in January, April, July, and October. The first auto part inclusion requests will be accepted during a submission window from Oct. 1 to Oct. 14. Immediately following the two-week request window, all valid requests will be published. The public then has two weeks, from Oct. 15 to 29, to file comments or objections to any of the inclusion requests.
The DOC is scheduled to issue its decisions on the inclusion requests within 60 days after the close of the submission window. When the DOC issues an affirmative determination, it will add the new products to the list of auto parts subject to Section 232 duties. The DOC will publish its determinations in the Federal Register and modify the HTSUS accordingly. Duties on newly included products are expected to take effect immediately upon publication of the DOC’s determination.
The inclusion request process is likely to significantly expand the scope of auto parts subject to Section 232 tariffs.
Anticipated key dates
| September 17, 2025 | Public comment period opens (45 days). |
| October 1 to October 14, 2025 | Inclusion request filing window. |
| October 15, 2025 | Publication of valid requests on regulations.gov |
| October 15 to October 29, 2025 | Rebuttal window to file comments or objections to the automobile part inclusion requests. |
| December 15, 2025 (estimated) | First business day 60 days after publication of the valid inclusion request. This is the estimated date that DOC will issue its determinations on the automobile part inclusion requests and impose duties. |
Impact
The automotive supply chain is complex, and changes in trade rules are likely to introduce new variables, including tariff stacking, compliance under USMCA, and sudden shifts in cost structures. For manufacturers and suppliers, the risks are immediate and the consequences complex.
Those with a stake in the process would be well advised to engage by monitoring regulations.gov, by filing comments, and by preparing for duties that may arrive with little warning.
For additional discussion on navigating the tariff analysis, information on derivative products, or to learn how participating in the inclusion process can benefit your business, please contact Clark Hill’s International Trade Team listed below.
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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