A US trade probe into pharmaceuticals is underway. And it’s hitting many of the key aspects of the supply chain.
The investigation, announced Monday, will cover finished drug products, medical countermeasures, active pharmaceutical ingredients, “key starting materials” and derivative products. Its scope suggests the Trump administration could be planning expansive levies on the pharma sector — potentially ensnaring companies like chemical manufacturers that previously thought they might be unaffected.
“It looks like it’s going to be pretty broad,” but it will depend on what categories of products are ultimately covered under the potential tariffs, Adams Lee, an international lawyer at Harris Sliwoski, told
Endpoints News
.
Lee said that a key issue will be whether the Trump administration exempts products or materials that can’t be sourced from the US. He added that any Section 232 tariffs could be contrary to the pharmaceutical exclusions granted for the reciprocal tariffs that Trump announced earlier this month.
Under the Trade Expansion Act, a Section 232 investigation will assess if an import “threatens to impair the national security” of the US. The Commerce Department
will look
at current and projected demand for pharmaceuticals, how much US capacity can meet domestic demand and how feasible it is to boost US production, among other things.
A notable target of the probe is “medical countermeasures,” which include biologics, drugs and devices that could be used in the case of a
public health emergency.
Potential tariffs on such products could hit companies like Bavarian Nordic, which has been
contracted multiple times
by the US government to supply and stockpile its vaccines in case of a public health emergency, such as for mpox outbreaks.
And the administration’s decision to review products early on in the supply chain, such as “key starting materials, and derivative products of those items,” could put companies like Lonza’s chemical spinouts Arxada, Wacker Chemie and Apollo Scientific at risk of tariffs. Key starting materials include the chemical substances used to make active pharmaceutical ingredients.
Meanwhile, both generic and non-generic drug products are at risk of tariffs. Generic drugs are non-patented medicines and are much cheaper than their brand-name counterparts because they are easier to make. Putting taxes on generics will strain the already thin profit margins faced by their manufacturers, which could lead to drug shortages if companies decide to exit the market altogether.
Generic medicines make up about
92% of daily drugs
taken by Americans, according to a report from the API Innovation Center, and 83% of these use a foreign API. China especially has an abundance of tariffs already stacked, reaching a total of 125%, so its likely pharma-specific tariffs could also be added.
The Trump administration
launched a Section 232 investigation
into pharma products on April 1. Typically, such investigations can take up to 270 days to complete, which would be around December. But there’s a chance tariffs could
arrive sooner
than that.
As part of the probe, the Commerce Department is asking for public comment, data or analysis by May 7 — 21 days after its Federal Register notice is due for publication. Some comments will be confidential, but some will be made public. The comment period offers companies a chance to voice concerns about how tariffs could impact their operations or the supply chain.
“Companies should avail themselves of the public comment period to explain any and all consequences from potential levies on pharma, especially unintended consequences, because it could make a difference,” Squire Patton Boggs partner Sarah Rathke told
Endpoints News.
Some analysts believe President Donald Trump will undertake a
“dual-track”
strategy by invoking the International Emergency Economic Powers Act for the pharma tariffs alongside the 232 investigation. The dual approach will likely give Trump a higher chance of taxing pharma goods quicker and for a longer period of time, according to Leerink Partner analysts, as the IEEPA doesn’t require a lengthy investigation.
Alexis Kramer contributed reporting.