National Security Investigation: Section 232 Opportunities For U.S. Factories

The U.S. Department of Commerce's Bureau of Industry and Security (BIS) has started several Section 232 national security tariff investigations for different industries, including steel and aluminum, copper, critical minerals, and more, as part of the America First Trade policy. Currently, there are two opportunities for U.S. factories before BIS: (1) the opening of the first products inclusion window for automotive products, and (2) the new Section 232 investigation into robots and machinery.

Section 232 on Automobile and Automobile Parts Inclusion Process

In March, President Trump announced new tariffs on imports of automobiles and automobile parts into the United States, effective May 2025. On September 17, 2025, BIS released an interim final rule establishing a process for requesting the addition of automobile parts to the scope of the 25% Section 232 auto tariffs. Additionally, BIS requested that all interested parties provide comments on the process outlined in the interim final rule by November 3, 2025.¹

The interim final rule indicates that requests for product inclusion are welcomed from U.S. producers of automobiles, auto parts, or trade associations of auto/auto part producers. BIS will accept requests for inclusion for two weeks in January, April, July, and October. The first window for requesting inclusion of products will be October 1, 2025 to October 14, 2025, with corresponding decisions from BIS expected by December 14, 2025. Each inclusion request should include:

• Clear identification of the requestor (i.e., producer of an automobile or automobile parts article, or an industry association of such producers);
• A precise description of the automobile parts article that is the subject of the request;
• The eight or ten-digit HTSUS classification requested to be included in the scope of the tariffs;
• An explanation of why the article is an automobile parts article;
• Pertinent information on the domestic industry affected;
• Statistics on imports and domestic production; and
• A description of how and to what extent imports of the article have increased in a manner that threatens to impair the national security or otherwise undermines the objectives set forth in Proclamation 9888, the Automobile Proclamation, or any subsequent proclamation addressing the threatened impairment to the national security.

BIS is operating a similar inclusion process for U.S. producers of steel and aluminum parts in May, September, and January.² The first round of the inclusion process resulted in over 400 products being approved for the 50% Section 232 steel and aluminum tariffs.³ For U.S. factories producing auto parts, the inclusion request represents a cost-effective opportunity to level the playing field against low-priced imports with a 25% tariff. Please note that U.S. Customs and Border Protection has provided guidance that the 25% auto tariff takes priority over the 50% Section 232 steel and aluminum tariffs.⁴ Put differently, current guidance on tariff stacking is that only one section 232 tariff applies to a given good, and the 25% section 232 tariffs specific to auto parts is currently applicable instead of steel, aluminum, or copper section 232 tariffs.

New Robots and Machinery Section 232 Investigation

On September 2, 2025, BIS initiated an investigation to determine the effects on the national security of imports of robotics and industrial machinery to determine the effect imports of these products pose to U.S. national security.⁵ This investigation could lead to the imposition of tariffs on covered robots and programmable, computer-controlled mechanical systems, and other devices similar to the 25% section 232 tariffs that became effective on March 12, 2025, on steel articles, aluminum articles, and their derivatives.

BIS has identified a broad range of industrial machining products that are subject to investigation, including:

• Machinery – CNC machining centers, turning and milling machines, grinding and deburring equipment, and industrial stamping and pressing machines
• Machine Tools – automatic tool changers, jigs and fixtures, and machine tools for cutting, welding, and handling work pieces
• Metalworking Equipment – Application-specific specialty metalworking equipment used to treat, form, or cut metal, such as autoclaves and industrial ovens, metal finishing and treatment equipment, EDM machinery, and laser and water-cutting tools and machinery is also included

Generally, national security investigations conducted under section 232 of the Trade Expansion Act require the Commerce Department to reach its determination within 270 days.⁶ At the conclusion of the investigation, Commerce will report its findings to the president on whether imports of robots and machinery into the United States threaten national security. Previous investigations' reports have also provided recommendations on actions to mitigate such threats, including potential tariffs, export controls, or incentives to increase domestic production; and policy recommendations for strengthening the United States domestic and friend-shored supply chain through strategic partnerships, industrial incentives or investments, and regulatory reforms.

Importantly, for most of the factors Commerce will be investigating, the U.S. industry is best situated to provide information on the U.S. domestic industry's macro- and micro-economic conditions, as well as challenges experienced during the course of business. Significantly, as with Commerce's past section 232 investigations on steel, aluminum, critical minerals, and automobiles and automotive parts, Commerce has now invited interested parties to comment. On September 26, 2025, BIS issued a notice requesting public comments on the investigation.⁷ Interested parties will have until October 17, 2025, to submit comments, which may be public or confidential.⁸ Accordingly, for companies that may be affected by this investigation, it is important to understand the issues early and develop a strategy to best serve your interests.

Conclusion

For U.S. manufacturers, the inclusion request process represents a cost-effective manner to receive relief from low-priced foreign imports and level the playing field. The relief granted under section 232 is particularly important because it addresses imports from every country. Further, following more recent 232 investigations, U.S. authorities have been receptive to the need for U.S. companies to expand the scope of products subject to tariffs and have therefore established inclusion processes.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.