USA launches Section 232 investigation into pharmaceuticals

A Section 232 investigation is conducted under the Trade Expansion Act of 1962, as amended. The purpose of the investigation is to determine the impact of imports on national security. Investigations may be initiated at the request of an interested party, at the request of the head of a government department or agency, or on the Secretary of Commerce's own initiative.

The Secretary of Commerce's report to the President, issued within 270 days of the initiation of the investigation, focuses on whether the importation of the article in question is in such quantities or under such circumstances as to threaten to impair national security. The President may agree or disagree with the Secretary's recommendations and take action to "adjust imports of an article and its derivatives" or take other non-trade actions he deems necessary.

Further information: Brochure on Section 232 : Explanation of the law and regulations and an overview of all the procedures carried out under this authority.

Investigation into imports of pharmaceuticals  

On 16 April 2025, the USA initiated new investigations under Section 232 of the Trade Expansion Act into imports of pharmaceuticals (including active pharmaceutical ingredients, APIs). The results of the investigation will serve as a basis for the responsible Secretary of Commerce to recommend possible trade policy measures in the pharmaceutical sector, including the introduction of possible additional tariffs on pharmaceutical products. The USA already announced possible additional tariffs on pharmaceutical products some time ago through various channels. The investigation now announced provides the basis for possible measures in this area. The subject of the investigation is

1. Current and future demand for pharmaceuticals in the USA
2. The extent to which domestic production can meet this demand
3. The role of foreign supply chains in supplying the US market
4. Trade dependencies on foreign suppliers and risks in the supply chain
5. The impact of foreign subsidies and unfair trade practices on the competitiveness of the US pharmaceutical industry
6. The influence of artificially low prices for pharmaceuticals and APIs as well as state-sponsored overproduction
7. Potential attempts by foreign states to exert pressure by exploiting US dependencies
8. The potential for expanding domestic pharmaceutical production
9. The impact of current trade policy on the domestic pharmaceutical industry and whether tariffs or import quotas can help promote national security

Ongoing Section 232 investigations can be viewed on the Bureau of Industry and Security website.

Together with Interpharma, Intergenerika and vips, scienceindustrie submitted a statement on time. A total of 311 submissions were made. The submission from scienceindustries, Interpharma, Intergenerika and vips can be found on page 10.

It is currently not known when the report by the Secretary of Commerce to the President will be available. In principle, however, it must be prepared within 270 days of the initiation of the investigation.