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ARTICLE · 08 APRIL 2026

Executive Order Imposing Section 232 Tariffs On Pharmaceuticals And Pharmaceutical Ingredients

Foley Hoag LLP
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On April 2, 2026, President Trump issued an Executive Order imposing significant new tariffs on imports of patented pharmaceuticals and associated pharmaceutical ingredients under Section 232 of the Trade Expansion Act of 1962 (“Section 232”).

United StatesIntellectual Property
Bryant Godfrey
Bryant Godfrey
Matthew Piscitelli
Matthew Piscitelli
Eli Greenspan
Eli Greenspan
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Key Takeaways:

  • The Executive Order applies to patented pharmaceuticals and associated ingredients, including active pharmaceutical ingredients and key starting materials.
  • "Patented pharmaceutical articles" include pharmaceutical products subject to an unexpired U.S. patent and listed in the FDA's Orange Book.
  • The effective dates of the tariffs depend on a few circumstances, but begin on July 31 for some companies and September 29 for others.

Summary

On April 2, 2026, President Trump issued an Executive Order imposing significant new tariffs on imports of patented pharmaceuticals and associated pharmaceutical ingredients under Section 232 of the Trade Expansion Act of 1962 (“Section 232”). The announcement and imposition of tariffs is the culmination of an investigation by the Secretary of Commerce that began almost one year ago. The Secretary found that pharmaceuticals and associated active pharmaceutical ingredients ("APIs") are being imported into the United States “in such

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