To a Hammer Everything Looks Like a 232 Investigation

Friday's surprise announcement that the Commerce Department has opened a Section 232 investigation on the import of commercial aircraft, jet engines and parts further confirms the embrace of the mechanism by the Trump administration.  

Since January 20, 2025, the U.S. Department of Commerce has initiated seven Section 232 investigations under the Trade Expansion Act of 1962, focusing on imports deemed critical to national security.   Over the course of his first term, President Trump initiated 8 investigations.  Prior to the Trump Administration, Commerce initiated 26 Section 232 national security investigations, beginning in 1963, or less than one per year.

Aircraft Investigation

The Commerce Department has initiated a national security investigation into imports of commercial aircraft, jet engines, and related parts under Section 232 of the Trade Expansion Act of 1962, the Bureau of Industry and Security (BIS) announced Friday.

The investigation, launched May 1 by the Secretary of Commerce, but not disclosed to Industry until late afternoon May 9,  will examine whether current levels of foreign imports in these sectors threaten to impair U.S. national security.    By delaying disclosure, Commerce has narrowed the window for public comment to three weeks.

After consulting with the Secretary of Defense, other “appropriate officers of the United States,” and the public, if appropriate, Commerce has 270 days from the initiation date to prepare a report advising the President on whether the targeted product is being imported “in certain quantities or under such circumstances” to impair U.S. national security, and to provide recommendations based on the findings.

According to BIS, the review will consider several critical issues, including the concentration of imports from a small number of foreign suppliers, the capacity of domestic manufacturers to meet national needs, and the effects of foreign subsidies and unfair trade practices.   

The Department also aims to evaluate the feasibility of expanding U.S. production to reduce import dependence and the potential for adversarial nations to restrict exports of aircraft and engine components.  

In 2024, the United States maintained a substantial trade surplus in the aerospace sector, encompassing commercial aircraft, jet engines, and related parts.   The U.S. exported approximately $123 billion in aircraft parts, making it the nation’s top export product.   

1980 Aircraft Pact Scuttled

The Trump administration’s imposition of new tariffs disrupts a longstanding international framework that has facilitated largely tariff-free aerospace manufacturing and trade since the 1980s

The tariffs effectively dismantle exemptions established under the 1980 Agreement on Trade in Civil Aircraft, a plurilateral accord concluded under the General Agreement on Tariffs and Trade (GATT) and later incorporated into the World Trade Organization (WTO) framework in 1995. The agreement eliminated tariffs on civil aircraft, engines, parts, and related components among its signatories, which include the United States, the European Union, Canada, Japan, Switzerland, and others.

As part of the Section 232 proceeding, the Department is soliciting public comments, data, and analysis. Interested parties may submit input through the federal rulemaking portal www.regulations.gov under docket number BIS-2025-0027 and reference XRIN 0694-XC127. Submissions must be received no later than 21 days after publication of the notice in the Federal Register.

The Commerce Department is especially seeking information on ten key issues, including:
• The extent to which U.S. production can meet current and projected domestic demand;
• The role of foreign suppliers and vulnerabilities in global supply chains;
• Impacts of foreign subsidies and overcapacity on U.S. competitiveness;
• The potential for foreign governments to impose export restrictions; and
• The potential need for trade remedies such as tariffs or quotas.

Initiated Investigations:

1. Copper (Initiated February 25, 2025): 

2. Timber and Lumber (Initiated March 1, 2025): 

3. Pharmaceuticals and Active Pharmaceutical Ingredients (APIs) (Initiated April 1, 2025): 

4. Semiconductors and Semiconductor Manufacturing Equipment (Initiated April 1, 2025): 

5. Processed Critical Minerals and Derivative Products (Initiated April 22, 2025): 

6. Medium- and Heavy-Duty Trucks and Parts (Initiated April 22, 2025): 

7. Commercial Aircraft, Jet Engines, and Parts (Initiated May 1, 2025): 

Friday's Announcement

CRS Reports:

Section 232 Investigations: Overview and Issues for Congress

Section 232 Automotive Tariffs: Issues for Congress