Commerce Seeks Public Comment In Wind Turbines Investigation

The U.S. Department of Commerce has initiated an investigation into the national security implications of imported wind turbines and their parts and components pursuant to Section 232 of the Trade Expansion Act of 1962. Per a Federal Register notice published today, Commerce will accept comments from the public through September 9, 2025, on factors relevant to Commerce's assessment of the U.S. market for these goods. Affected products could potentially be subjected to tariffs, quotas, price floors, subsidies, and/or industrial policy measures.

"Parts" and "Components" May Be Broad

The notice states that Commerce initiated the Section 232 investigation into wind turbines, parts, and components on August 13, 2025. Although not mentioned in the notice, the investigation coincides with recent Presidential statements and actions indicating skepticism of wind power.

Beyond naming generalized product categories, Commerce's notice provides no detail on the scope of products under review. For example, consistent with other recent Section 232 investigation announcements, Commerce does not list Harmonized Tariff Schedule of the United States (HTSUS) codes that may correspond with the wind turbines, parts, and components at issue. "Parts" and "components" of wind turbines may cover a disparate group of electricity generation inputs. These concepts thus provide Commerce flexibility in identifying which products are subject to the investigation. Although "parts" and "components" may cover a variety of goods, any action in response (e.g., tariffs) may be narrowly based on a specific end use. Taking the example of Section 232 tariffs on imported automobile parts, these include certain four-digit HTSUS headings covering a wide array of products but are framed as applicable to "parts of passenger vehicles...and light trucks classifiable in" the named HTSUS headings, rather than applying to everything entering the United States under those four-digit HTSUS headings.

Notably, this Section 232 notice also does not reference "derivative articles." The steel and aluminum tariffs have demonstrated that "derivatives" can be a vector for significant enlargement over the life of a Section 232 action. For example, in a Federal Register notice published on August 19, 2025, Commerce announced that the steel or aluminum content in products classifiable under 407 additional HTSUS codes would be subject to tariffs, the outcome of an ongoing process designed to expand the steel and aluminum tariffs' coverage. The most recent additions encompass products up and down the steel and aluminum supply chain—raw materials, semi-finished forms, intermediate goods, and finished products. Exclusion of the "derivative" concept here suggests that the Section 232 wind turbines investigation is more narrowly targeted.

Evolution in Issues Highlighted for Comment

For the most part, Commerce's request for comments identifies topics reflecting those found in other recently initiated Section 232 investigations into, e.g., polysilicon, commercial aircraft, medium- and heavy-duty trucks, semiconductors, and pharmaceutical products. In two respects, however, the request for comments in the wind turbines investigation is distinct.

First, Commerce has included a request for comments on "the ability of foreign persons to weaponize the capabilities or attributes of foreign-built wind turbines and their parts or components." This type of request was first introduced in the Section 232 investigation of drones, which have obvious potential for direct military application. By contrast, it is not clear how wind turbines—the only other investigation to feature this instruction—are susceptible to direct "weaponization," suggesting that this instruction may become a standard consideration for future Section 232 investigations.

Second, although nearly every Section 232 investigation (including wind turbines) has requested comment on the potential for "weaponization" of investigated supply chains via export restrictions, the Section 232 wind turbines investigation also requests comments on "The potential for foreign control and exploitation of the wind turbine supply chain." This formulation could speak to transnational implications of concentrated control.

The other standardized topics highlighted for comment include:

1. Current and projected U.S. demand;
2. U.S. production capacity and the feasibility of increasing U.S. capacity;
3. The role of foreign supply chains, particularly of major exporters, in meeting U.S. demand;
4. The concentration of U.S. imports from a small number of suppliers and the associated risks;
5. The impact of foreign government subsidies and predatory trade practices on the competitiveness of the U.S. industry for wind turbines, parts, and components;
6. The economic impact of suppressed prices due to unfair foreign trade practices and state-sponsored overproduction;
7. The potential for export restrictions by foreign nations, including the ability of foreign nations to weaponize their control over supplies of drones, parts, and components; and
8. The impact of current trade policies on domestic production, and whether additional measures, including tariffs or quotas, are necessary to protect national security.

As with other recent Section 232 investigations, interested parties are invited to comment upon other relevant factors as well. Such topics may include questions like the scope of "part" and "component" coverage and the compatibility of phase-in periods or carve-outs with U.S. national security interests in the formulation of any tariff or quota remedies.

Potential Expedited Timeline

Commerce's notice states that this investigation was initiated on August 13, 2025. In accordance with the Section 232, Commerce has until May 10, 2026, to conclude its investigation and report to the President. Commerce may, however, expedite the process, and the 15-day public comment period, the shortest of any Section 232 investigation this year, suggests a possible intention to do so.

Once Commerce's report has been transmitted, the President has up to 90 days to determine whether imported products subject to this investigation threaten to impair U.S. national security and determine a response, as well as a further 15 days to implement any such actions. Again, the President may decide to move more quickly.

Section 232 actions under the second Trump Administration have thus far resulted in 50% tariffs on steel and steel derivative products, aluminum and aluminum derivative products, and 25% tariffs on automobiles and automobile parts. Most recently, the administration has imposed 50% tariffs on copper and copper derivative products, effective August 1, 2025. While there is no guarantee that the new investigation will result in a similar outcome, the recent tariff impositions offer some insight into what the President considers appropriate for addressing security concerns under Section 232.

Preparing Supply Chains, Opportunities to Engage

Cassidy Levy Kent's attorneys, economists, compliance experts, and licensed customs brokers help companies develop strategic responses to the latest changes in U.S. tariff policy and plan for potential developments. Cassidy Levy Kent has extensive experience counseling clients to plan compliant supply chains that manage tariff risks, and we routinely assist with preparing and filing comments for consideration in Section 232 investigations. Our team's deep familiarity with trade law and policy enables our firm's energy supply chain clients to adapt and stay ahead of the curve.

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