On May 9, 2025, the US Department of Commerce Bureau of Industry and Security (BIS) announced the initiation of an investigation into the effects on US national security of imports of commercial aircraft and jet engines and parts for commercial aircraft and jet engines, which could eventually lead to the imposition of new tariffs.1 BIS is conducting the investigation under Section 232 of the Trade Expansion Act of 1962, a law that empowers the president to restrict imports of products that are found to threaten to impair national security.2 BIS is accepting public comments on the investigation until June 3, 2025. Section 232 investigations can take up to 270 days to complete (in this case, January 26, 2026), but the Trump administration has signaled it intends to complete the ongoing investigations faster.
Scope of the investigation
The BIS notice describes the investigation as covering "commercial aircraft and jet engines and parts for commercial aircraft and jet engines." Unlike most other recent investigation notices, BIS does not include detailed definitions of the terms.
The notice simply states that BIS is seeking to “determine the effects on the national security of imports of commercial aircraft and jet engines, and parts for commercial aircraft and jet engines." If BIS reports to the president “that an article is being imported into the United States in such quantities or under such circumstances as to threaten to impair the national security," the president can choose to take actions that "adjust the imports of an article and its derivatives" (including tariffs) or to adopt other non-trade actions. In the past few months, the Trump administration has shown a preference for imposing 25% tariffs using Section 232 authorities (including for the recent action targeting imports of passenger vehicles, light trucks, and automobile parts).
Opportunity for public comments
Interested stakeholders may submit comments through the public docket at regulations.gov. Comments are due by June 3, 2025 (21 days after the forthcoming publication of the notice in the Federal Register). The notice provides additional instructions on how to participate and submit comments. BIS will consider and respond to public comments as it conducts the investigations. Participating in the public comment process can help shape the outcome of the investigation and prompt regulators to further clarify actions. BIS' responses may also inform any potential legal challenge should a final action be adopted. The BIS notice does not mention any prospective public hearings for the investigation (public hearings are discretionary for Section 232 investigations).
The notice highlights that BIS is especially interested in comments that directly address the regulatory criteria for determining the effects of imports on national security, including through 10 questions included in the notice: "(i) the current and projected demand for commercial aircraft and jet engines, and parts for commercial aircraft and jet engines, in the United States; (ii) the extent to which domestic production of commercial aircraft and jet engines, and parts for commercial aircraft and jet engines, can meet domestic demand; (iii) the role of foreign supply chains, particularly of major exporters, in meeting U.S. demand for commercial aircraft and jet engines, and parts for commercial aircraft and jet engines; (iv) the concentration of U.S. imports of commercial aircraft and jet engines, and parts for commercial aircraft and jet engines, from a small number of suppliers and the associated risks; (v) the impact of foreign government subsidies and predatory trade practices on the competitiveness of the commercial aircraft and jet engine industry, as well as the associated commercial aircraft and jet engine parts industry, in the United States; (vi) the economic impact of artificially suppressed prices of commercial aircraft and jet engines, and parts for commercial aircraft and jet engines, due to foreign unfair trade practices and state-sponsored overproduction; (vii) the potential for export restrictions by foreign nations, including the ability of foreign nations to weaponize their control over supplies of commercial aircraft and jet engines, and parts for commercial aircraft and jet engines; (viii) the feasibility of increasing domestic capacity for commercial aircraft and jet engines, and parts for commercial aircraft and jet engines, to reduce import reliance; (ix) the impact of current trade policies on domestic production of commercial aircraft and jet engines, and parts for commercial aircraft and jet engines, and whether additional measures, including tariffs or quotas, are necessary to protect national security; and (x) any other relevant factors."
The Trump administration's Section 232 tariffs
In recent weeks, the Trump administration has appeared to move towards a two-track tariff strategy, imposing (i) "baseline" and "reciprocal" tariffs on most products from most countries under the International Emergency Economic Powers Act (IEEPA), apparently seeking to negotiate more favorable market access conditions in return for the lifting of the tariffs;3 and (ii) Section 232 tariffs on imports associated with industries the Trump administration views as strategically important. Unlike most other tariffs President Trump has imposed, the "baseline" and "reciprocal" tariffs and Section 232 tariffs do not stack on top of each other.4 Instead, products affected by Section 232 tariffs are exempt from the "baseline" and "reciprocal" tariffs.
The investigation on imports of aircraft, jet engines, and parts is the latest of the Trump administration's industry-specific Section 232 actions. Since taking office on January 20, 2025, President Trump has expanded the existing Section 232 tariffs on steel and aluminum; revived a Section 232 investigation from his first term to impose tariffs on imports of passenger vehicles, light trucks, and certain automotive parts; and initiated new Section 232 investigations on imports of copper and copper derivative products; timber, lumber, and wood products; semiconductors and semiconductor manufacturing equipment; pharmaceuticals and pharmaceutical ingredients; processed critical minerals and downstream products; and trucks and truck parts. There are now seven Section 232 investigations underway at BIS.
During his first term as president, Trump offered opportunities for importers to seek exemptions from Section 232 tariffs under certain circumstances. A few countries were also able to negotiate national exemptions or quotas. So far, the Trump administration has signaled it does not intend to offer similar exemptions again. The new expansion of the steel and aluminum tariffs included the revocation of all national and product-specific exemptions granted under Trump’s first term and under the Biden administration. That said, Trump has begun suggesting he is considering a more flexible approach. On April 29, Trump added a new temporary, partial exemption from the automotive parts tariff for companies manufacturing vehicles in the United States. Then, on May 8, the United States and the United Kingdom announced general terms for a forthcoming agreement that would replace the Section 232 tariffs on products from the UK with tariff-rate-quotas and other alternative arrangements, in exchange for the UK’s cooperation with certain US supply chain security policies.5 A White House spokesperson has told press that the alternative arrangements for the UK would include an exemption from the aircraft, jet engines, and parts Section 232 tariff.
1 “Notice of Request for Public Comments on Section 232 National Security Investigation of Imports of Commercial Aircraft and Jet Engines and Parts for Commercial Aircraft and Jet Engines,” 90 FR 20273 (May 13, 2025).
2 19 U.S.C. §1862; and 15 C.F.R. part 705. More information on BIS’ Section 232 activities can be found on the BIS website.
3 Executive Order 14257 of April 2, 2025: “Regulating Imports With a Reciprocal Tariff To Rectify Trade Practices That Contribute to Large and Persistent Annual United States Goods Trade Deficits,” 90 FR 15041 (April 7, 2025).
4 On April 29, 2025, the Trump administration issued special rules to unstack some Section 232 tariffs from the fentanyl-trade related tariffs on Canada and Mexico under certain circumstances, which may suggest that future Section 232 tariffs would have similar carve-outs.
5 “General Terms for the United States of America and the United Kingdom of Great Britain and Northern Ireland Economic Prosperity Deal,” May 8, 2025.
