Modifying Duties to Address Threats to the United States by the Government of the Russian Federation
The President modifies existing national emergency trade restrictions imposed by Executive Order 14329 concerning Russia's actions against Ukraine. Based on newly received information and recommendations, the President determines that India has taken significant steps, including committing to cease importing Russian oil and agreeing to expanded defense cooperation, thus warranting the elimination of the 25 percent additional *ad valorem* duty previously placed on imports of articles of India.
This action becomes effective on February 7, 2026, and requires relevant agencies to coordinate modifications to the tariff schedule while establishing monitoring measures to ensure India does not resume Russian oil imports.
Arguments For
Diplomatic Reciprocity and Alignment: The action rewards India for taking significant steps to align with the U.S. on national security, foreign policy, and economic matters, specifically by committing to stop importing Russian oil and purchasing U.S. energy products.
Incentivizing Foreign Policy Goals: Removing the punitive tariff provides a tangible economic incentive for an important partner nation (India) to comply with U.S. policy goals aimed at countering threats posed by the Russian Federation.
Economic Benefit Realization: Eliminating the 25% ad valorem duty immediately reduces costs for U.S. importers and consumers dealing with Indian goods, promoting smoother international commerce.
Maintaining Deterrence Framework: Section 4 ensures continued monitoring, allowing the President to swiftly reimpose duties if India reverts to importing Russian oil, preserving the effectiveness of the original sanctions regime.
Arguments Against
Premature Relaxation of Pressure: Critics might argue that removing the tariff too quickly lessens the economic pressure on India to fully decouple from Russian energy sources, potentially allowing Russia to circumvent sanctions through indirect routes.
Perception of Weakening Stance: Modifying duties based on agreements or future commitments could be seen as softening the administration's hardline stance against Russia, which may encourage other partners to seek similar exemptions.
Implementation Complexity: Determining whether India has completely ceased indirect importation of Russian oil requires continuous, complex monitoring, creating administrative burdens and potential disputes over compliance.
Impact on Domestic Producers: If the tariff removal leads to a surge of lower-cost Indian goods, it could negatively impact U.S. domestic industries that the tariff was implicitly designed to protect or elevate.
Presidential Actions
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.), section 604 of the Trade Act of 1974, as amended (19 U.S.C. 2483), and section 301 of title 3, United States Code, I hereby determine and order:
Section 1. Background. Executive Order 14066 of March 8, 2022 (Prohibiting Certain Imports and New Investments With Respect to Continued Russian Federation Efforts To Undermine the Sovereignty and Territorial Integrity of Ukraine), expanded the scope of the national emergency declared in Executive Order 14024 of April 15, 2021 (Blocking Property With Respect To Specified Harmful Foreign Activities of the Government of the Russian Federation), to include the actions taken against Ukraine by the Government of the Russian Federation. To address that unusual and extraordinary threat to the national security and foreign policy of the United States, Executive Order 14066 prohibited, among other things, the importation into the United States of certain products of Russian Federation origin, including crude oil; petroleum; and petroleum fuels, oils, and products of their distillation.
In Executive Order 14329 of August 6, 2025 (Addressing Threats to the United States by the Government of the Russian Federation), I found that the national emergency described in Executive Order 14066 has continued and that the actions and policies of the Government of the Russian Federation continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States. To deal with that threat, I determined that it was necessary and appropriate to impose an additional ad valorem rate of duty of 25 percent on imports of articles of India, which, at that time, was directly or indirectly importing Russian Federation oil.
I have received additional information and recommendations from senior officials regarding India’s efforts to address the national emergency described in Executive Order 14066. Specifically, India has committed to stop directly or indirectly importing Russian Federation oil, has represented that it will purchase United States energy products from the United States, and has recently committed to a framework with the United States to expand defense cooperation over the next 10 years.
After considering the information and recommendations these officials have provided to me, among other things, I have determined that India has taken significant steps to address the national emergency described in Executive Order 14066 and to align sufficiently with the United States on national security, foreign policy, and economic matters. Accordingly, I have determined to eliminate the additional ad valorem rate of duty imposed on imports of articles of India pursuant to Executive Order 14329. In my judgment, this modification is necessary and appropriate to deal with the national emergency declared in Executive Order 14066.
Sec. 2. Tariff Modifications. Effective with respect to goods entered for consumption, or withdrawn from the warehouse for consumption, on or after 12:01 a.m. eastern standard time on February 7, 2026, products of India imported into the United States shall no longer be subject to the additional ad valorem rate of duty of 25 percent imposed pursuant to Executive Order 14329. Accordingly, effective 12:01 a.m. eastern standard time on February 7, 2026, headings 9903.01.84 through 9903.01.89 and subdivision (z) of U.S. Note 2 to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States are hereby terminated. To the extent that implementation of this order requires a refund of duties collected, refunds shall be processed pursuant to applicable law and the standard procedures of U.S. Customs and Border Protection for such refunds.
Sec. 3. Implementation. (a) The Secretary of State, in consultation with the Secretary of the Treasury, the Secretary of Commerce, the Secretary of Homeland Security, the United States Trade Representative, the Assistant to the President for National Security Affairs, the Assistant to the President for Economic Policy, and the Assistant to the President and Senior Counselor for Trade and Manufacturing, is hereby authorized to take such actions, including adopting rules and regulations, and to employ all powers granted to the President by IEEPA as may be necessary to implement this order. The Secretary of State may, consistent with applicable law, redelegate any of these functions within the Department of State. Each executive department and agency shall take all appropriate measures within its authority to carry out this order.
(b) The Secretary of Homeland Security, in consultation with the United States International Trade Commission, shall determine whether modifications to the Harmonized Tariff Schedule of the United States are necessary to effectuate this order and may make such modifications through notice in the Federal Register.
Sec. 4. Monitoring and Recommendations. The Secretary of Commerce, in coordination with the Secretary of State, the Secretary of the Treasury, and any other senior official the Secretary of Commerce deems appropriate, shall monitor whether India resumes directly or indirectly importing Russian Federation oil, as defined in section 7 of Executive Order 14329. If the Secretary of Commerce finds that India has resumed directly or indirectly importing Russian Federation oil, the Secretary of State, in consultation with the Secretary of the Treasury, the Secretary of Commerce, the Secretary of Homeland Security, the United States Trade Representative, the Assistant to the President for National Security Affairs, the Assistant to the President for Economic Policy, and the Assistant to the President and Senior Counselor for Trade and Manufacturing, shall recommend whether and to what extent I should take additional action as to India, including whether I should reimpose the additional ad valorem rate of duty of 25 percent on imports of articles of India.
Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The costs for publication of this order shall be borne by the Department of State.
DONALD J. TRUMP
THE WHITE HOUSE,
February 6, 2026.
The post Modifying Duties to Address Threats to the United States by the Government of the Russian Federation appeared first on The White House.
The document begins by establishing the President's authority to issue the order, citing laws such as the International Emergency Economic Powers Act (IEEPA) and the National Emergencies Act.
This section sets the legal foundation for subsequent actions taken by the President.
Section 1 provides the background context, referencing previous Executive Orders (EO 14066 and EO 14329) related to the national emergency concerning the Russian Federation's aggression against Ukraine. EO 14066 prohibited importing specific Russian energy products.
EO 14329 subsequently imposed a 25 percent ad valorem tariff on goods from India because India was importing Russian oil indirectly.
The document notes that senior officials provided new information showing India has committed to stopping indirect Russian oil imports, purchasing U.S. energy products, and expanding defense cooperation.
Based on these steps toward alignment with U.S. national security and foreign policy objectives, the President determines that eliminating the tariff previously imposed on Indian articles is necessary to manage the underlying national emergency.
Sec. 2. Tariff Modifications. Effective with respect to goods entered for consumption, or withdrawn from the warehouse for consumption, on or after 12:01 a.m. eastern standard time on February 7, 2026, products of India imported into the United States shall no longer be subject to the additional ad valorem rate of duty of 25 percent imposed pursuant to Executive Order 14329. Accordingly, effective 12:01 a.m. eastern standard time on February 7, 2026, headings 9903.01.84 through 9903.01.89 and subdivision (z) of U.S. Note 2 to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States are hereby terminated. To the extent that implementation of this order requires a refund of duties collected, refunds shall be processed pursuant to applicable law and the standard procedures of U.S. Customs and Border Protection for such refunds.
Section 2 details the specific action regarding tariffs.
The 25 percent additional ad valorem duty levied on goods originating from India—which was put in place by the previous order—is terminated.
This elimination takes effect for all goods entered for consumption or withdrawn from a warehouse starting at 12:01 a.m.
Eastern Standard Time on February 7, 2026.
The order specifically terminates the relevant headings within the U.S. Harmonized Tariff Schedule (HTS) that governed this duty.
Agencies responsible for customs, like U.S. Customs and Border Protection, are instructed to process any required refunds for duties already collected under the terminated tariff according to their standard legal procedures.
Sec. 3. Implementation. (a) The Secretary of State, in consultation with the Secretary of the Treasury, the Secretary of Commerce, the Secretary of Homeland Security, the United States Trade Representative, the Assistant to the President for National Security Affairs, the Assistant to the President for Economic Policy, and the Assistant to the President and Senior Counselor for Trade and Manufacturing, is hereby authorized to take such actions, including adopting rules and regulations, and to employ all powers granted to the President by IEEPA as may be necessary to implement this order. The Secretary of State may, consistent with applicable law, redelegate any of these functions within the Department of State. Each executive department and agency shall take all appropriate measures within its authority to carry out this order.
(b) The Secretary of Homeland Security, in consultation with the United States International Trade Commission, shall determine whether modifications to the Harmonized Tariff Schedule of the United States are necessary to effectuate this order and may make such modifications through notice in the Federal Register.
Section 3 addresses the implementation responsibilities for this Presidential Action.
The Secretary of State receives primary authorization to execute the order, requiring consultation with several key cabinet secretaries and presidential advisors, including Treasury, Commerce, Homeland Security, USTR, and National Security staff.
Department heads must take necessary actions, including issuing new rules or regulations, using the powers granted under IEEPA if required to carry out the tariff modification.
The Secretary of State can delegate these functions within their department, and all executive agencies must cooperate.
Subsection (b) delegates the task of technical tariff adjustment to the Secretary of Homeland Security, who must work with the U.S. International Trade Commission.
This section allows the Secretary to formally modify the Harmonized Tariff Schedule using a notice published in the Federal Register to ensure the tariff removal is officially recorded.
Sec. 4. Monitoring and Recommendations. The Secretary of Commerce, in coordination with the Secretary of State, the Secretary of the Treasury, and any other senior official the Secretary of Commerce deems appropriate, shall monitor whether India resumes directly or indirectly importing Russian Federation oil, as defined in section 7 of Executive Order 14329. If the Secretary of Commerce finds that India has resumed directly or indirectly importing Russian Federation oil, the Secretary of State, in consultation with the Secretary of the Treasury, the Secretary of Commerce, the Secretary of Homeland Security, the United States Trade Representative, the Assistant to the President for National Security Affairs, the Assistant to the President for Economic Policy, and the Assistant to the President and Senior Counselor for Trade and Manufacturing, shall recommend whether and to what extent I should take additional action as to India, including whether I should reimpose the additional ad valorem rate of duty of 25 percent on imports of articles of India.
Section 4 establishes ongoing accountability to ensure compliance with the conditions for this relief.
The Secretary of Commerce is tasked with coordinating with the Secretaries of State and Treasury, among others, to continuously monitor India's import activities.
Specifically, the monitoring focuses on whether India restarts the direct or indirect importation of oil from the Russian Federation, using the definition established in the precedent Executive Order 14329.
If the Secretary of Commerce concludes that India has resumed importing Russian oil, the Secretary of State must initiate a review process with the same high-level advisory group to recommend further action, including the prompt reimposition of the 25 percent duty on Indian articles.
Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The costs for publication of this order shall be borne by the Department of State.
DONALD J. TRUMP
THE WHITE HOUSE,
February 6, 2026.
The post Modifying Duties to Address Threats to the United States by the Government of the Russian Federation appeared first on The White House.
Section 5 contains standard boilerplate clauses for Presidential Actions.
Subsection (a) clarifies that this order does not negatively affect the pre-existing legal authority of any executive department or agency, nor does it interfere with the budgetary or legislative review functions of the Office of Management and Budget (OMB).
Subsection (b) mandates that the order must be carried out in adherence to existing laws and dependent upon Congress making the necessary appropriations available.
Subsection (c) is a legal disclaimer stating the order does not create any enforceable legal or equitable rights for any private party against the U.S. government or its personnel.
Finally, subsection (d) assigns responsibility for funding the publication costs of the order to the Department of State.
The document concludes with the President's signature and the date of issuance, February 6, 2026.