On April 15, 2025, President Trump issued an Executive Order directing the U.S. Department of Commerce (Commerce) to investigate the threat various critical mineral imports pose to U.S. national security.1 This investigation could lead to the imposition of tariffs on covered critical mineral imports and derivative products and follows Executive Order 14241 to increase U.S. production of critical minerals.
Within 180 days, Commerce, in consultation with Secretaries of the Treasury, Defense, and others, is required to report its findings to the President on whether U.S. import reliance on critical minerals and their derivative products threatens national security.2 The Critical Minerals Order explicitly covers a broad range of elements included on various U.S. Government critical minerals lists as well as certain rare earth elements, processed critical minerals, and uranium. The report will also provide 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' critical mineral supply chain through strategic investments, permitting reforms, and enhanced recycling initiatives.
Daniel Pickard, the Chair of Buchanan's International Trade & National Security Practice, stated that "the critical minerals question is one of the most important issues in international trade and national security policy." Pickard also sits as the Chair of the Industry Trade Advisory Committee (ITAC) on Critical Minerals. The ITACs are jointly managed by the U.S. Department of Commerce and the Office of United States Trade Representative (USTR). The ITACs engage business leaders in formulating U.S. trade policy.
Notably, for most of the factors Commerce will be investigating, the U.S. industry is best situated to provide information on the key macro- and microeconomic issues facing the industry as well as challenges experienced during the course of business. Although Commerce has not yet provided details of how it will conduct the investigation, Commerce's past section 232 investigations are instructive. In other Section 232 investigations, such as copper, timber and lumber, semiconductors and pharmaceuticals, Commerce invited interested parties to submit comment, data, or other information to help guide the investigation.3 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.
The Critical Minerals Section 232 Investigation was not initiated in isolation, but dovetails with several other recent policy items related to critical minerals. These include the Congressional Research Service's National Policy on Critical Minerals, Executive Order 14241 to increase U.S. production of critical minerals and the January 20, 2025 Executive Order that declares a national energy emergency and aims to remediate energy and critical mineral production deficiencies.4 These policy efforts reflect a whole-of-government urgency to take concrete steps to address the United States' foreign critical mineral dependency. These include significant funding mechanisms from traditional and new sources as well as accelerated permitting for priority projects. Accordingly, for those involved in the critical minerals industry, this is potentially a watershed moment that requires additional attention and participation.
Footnotes
1 See Ensuring National Security and Economic Resilience Through Section 232 Actions on Processed Critical Minerals and Derivative Products (Apr. 15, 2025) (Critical Minerals Order).
2 Id. at Section 3(a).
3 See, e.g., Notice of Request for Public Comments on Section 232 National Security Investigation of Imports of Semiconductors and Semiconductor Manufacturing Equipment, 90 Fed. Reg. 15,950 (Apr. 16, 2025); Notice of Request for Public Comments on Section 232 National Security Investigation of Imports of Pharmaceuticals and Pharmaceutical Ingredients, 90 Fed. Reg. 15,951 (Apr. 16, 2025); Notice Request for Public Comments and Public Hearing on Section 232 National Security Investigation of Imports of Steel, 82 Fed. Reg. 19,205 (Apr. 26, 2017); Notice of Request for Public Comments and Public Hearing on Section 232 National Security Investigation of Imports of Aluminum, 82 Fed. Reg. 21,509 (May 9, 2017); Notice of Request for Public Comments and Public Hearing on Section 232 National Security Investigation of Imports of Automobiles, Including Cars, SUVs, Vans and Light Trucks, and Automotive Parts, 83 Fed. Reg. 24,735 (May 30, 2018).
4 Critical Mineral Resources: National Policy and Critical Minerals List, P.L.116-260; Declaring a National Emergency, 90 Fed. Reg. 8,433 (Jan. 29, 2025).
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