Commerce Issues Interim Auto Parts 232 Inclusion Process Information

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Sep. 16, 2025
By: David G. Forgue

One innovation of the second Trump administration has been the removal of the exclusion process from 232 cases and its replacement by an inclusion process. Thus, instead of importers getting relief from duties when there is no domestic source available, domestic parties get to add new products to the 232 lists.

Now it is the turn of the automobile and automobile parts 232 case for an inclusion process. Further to that process the Bureau of Industry and Security of the Department of Commerce has issued an interim rule for inclusions. The interim rule should be published September 17, 2025 and comments are due within 45 days of publication (about November 1, depending on actual publication).

Importantly, the interim rule establishes four inclusion processes per year, in January, April, July, and October, with one starting October 1, 2025. Importers would be wise to track the progress on the docket and file comments on any requests that they believe are problematic. Steel and aluminum importers learned to their sorrow that inattention leads to surprising new duty liabilities. The public comment period is only intended to be 14 days, so time will be of the essence. The entire process may be concluded by Halloween (or so). This is especially true because inclusion requests will be judged on

(1) Whether the HTS listed is an “automobile parts article” and

(2) Whether imports of the articles have increased in a manner that threatens to impair the national security.

The trade data necessary to address the second point may not be readily available, so importers will want a maximum amount of time to know what they are looking for.

If you have questions about the 232 automobile and parts inclusion process or any 232-related question the attorneys at Barnes, Richardson & Colburn, LLP are prepared to help.