US Initiates Investigation Of Imported PPE, Medical Gear

The U.S. Department of Commerce today published notice that it has launched an investigation into whether imports of personal protective equipment, medical consumables, and medical equipment and devices pose a threat to national security. Commerce has requested public comment in order to inform its analysis of these imports and their role vis-à-vis U.S. security. Comments are due by October 17, 2025.

Scope of Investigation

Commerce's notice describes and defines categories of subject products in more detail than most other investigations initiated this year under the same law, namely Section 232 of the Trade Expansion Act of 1962:

• "Personal Protective Equipment" (PPE) is limited to articles "used in health care settings." Illustrative examples include "surgical masks, N95 respirators, gloves, gowns, and related parts or components."
• "Medical consumables" are defined as "single-use or short-term-use items used for patient diagnosis, treatment, and prevention of conditions." Illustrative examples range from syringes and needles to intravenous bags, catheters, anesthesia equipment, sutures, and diagnostic reagents.
• "Medical equipment" broadly encompasses "durable equipment, tools, and machines used in healthcare to support patient care." Examples include wheelchairs, carriages, crutches, and hospital beds.
• "Medical devices" are characterized as "any instrument, apparatus, or machine used in the diagnosis, monitoring, or treatment of medical conditions." These include pacemakers, insulin pumps, coronary stents, hearing aids, prosthetics, blood glucose monitors, X-ray, CT, and MRI machines, and others.

Notably, pharmaceuticals are excluded from this investigation, given that such products are already covered by Commerce's previously-initiated Section 232 pharmaceuticals investigation. In a recent social media post, the President stated that 100% tariffs arising out of the Section 232 pharmaceuticals investigation would be imposed in October.

Public Comment Requested

As part of the investigation, Commerce is seeking public comments on the national security implications of imports of PPE, medical consumables, equipment, and devices. As in other Section 232 investigations, Commerce has requested input on the following issue areas:

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 U.S. pharmaceutical industry competitiveness;
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 pharmaceuticals; 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.

In its notice Commerce also includes questions about the potential for foreign supply chain control and weaponization, questions which originally debuted in recently-initiated investigations on drones and wind turbines. The first concerns "the ability of foreign persons to weaponize the capabilities or attributes of foreign-built PPE, medical consumables, and medical equipment, including devices." The second is a broad inquiry into the "potential for foreign control and exploitation of the supply chain for PPE, medical consumables, and medical equipment, including devices" (which, theoretically, might encompass the potential for foreign actors to withhold medical supplies during a crisis); the global focus of this question appears to encompass supply chain dynamics and potential chokepoints outside the United States.

Commenters may also address other relevant topics, such as the scope and structure of any potential remedy.

Potential Timeline

Notwithstanding the September 26, 2025, publication date, the notice indicates Commerce initiated its investigation weeks ago, on September 2, 2025. The statute therefore provides Commerce until May 30, 2026, to conclude the investigation and transmit a report to the President. Commerce may, however, decide to move faster, and its relatively short public comment period suggests an intention to do so.

Once Commerce's report has been transmitted, the President has up to 90 days to determine whether imported products subject 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, however, the President may determine to move more quickly. Indeed, the short timeline of the recently concluded Section 232 investigation of copper products, and the possibly soon-to-be concluded Section 232 investigations of certain lumber derivatives, heavy trucks, and pharmaceuticals, suggests that both Commerce and the President acted significantly faster than the statute requires.

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 copper derivative products, as well as 25% tariffs on automobiles and automobile parts. Certain exceptions to these tariff rates have been established in connection with trade "deals" involving trading partners such as the United Kingdom, European Union, and Japan. Reportedly, additional tariffs will soon be imposed on certain heavy trucks (25%), kitchen cabinets (50%), bathroom vanities (50%), upholstered furniture (30%), and Pharmaceuticals (100%). There is no guarantee that the new investigation will have a comparable outcome, but past actions may provide some indication of the level of tariff treatment that the President views as necessary to address imports in the Section 232 context. That said, there is no statutory requirement that the President impose any tariffs in response to a Section 232 report.

Preparing Supply Chains

Cassidy Levy Kent's attorneys, economists, compliance experts, and licensed customs brokers are ready to 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 in the pharmaceutical sector 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 clients to adapt and stay ahead of the curve.

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