A White House Executive Order terminates HTS Chapter 99 headings tied to the August 2025 action and directs CBP to process refunds under standard procedures.
On February 6, 2026, the White House issued an Executive Order titled “Modifying Duties to Address Threats to the United States by the Government of the Russian Federation.” The order eliminates the additional 25% ad valorem duty that had been imposed on imports of articles of India under Executive Order 14329 (August 6, 2025)—a measure originally tied to India’s direct or indirect importing of Russian Federation oil.
What changed
Under the new Executive Order, products of India entered for consumption (or withdrawn from warehouse for consumption) on or after 12:01 a.m. EST on February 7, 2026 are no longer subject to the additional 25% dutyimposed under EO 14329.
The Executive Order also states that HTSUS Chapter 99 headings 9903.01.84 through 9903.01.89 and subdivision (z) of U.S. Note 2 to Subchapter III of Chapter 99 are terminated effective the same time.
Why the U.S. removed the duty
The Executive Order explains that senior officials provided information indicating India has taken steps including:
- committing to stop directly or indirectly importing Russian Federation oil,
- representing it will purchase U.S. energy products, and
- committing to a framework to expand defense cooperation with the United States over the next 10 years.
Based on those inputs, the President determined India has taken “significant steps” and that eliminating the additional duty is “necessary and appropriate” in connection with the national emergency described in Executive Order 14066.
What importers should do now
If you import goods that may have been impacted by the additional duty:
- Confirm entry dates: The change applies to goods entered/withdrawn on or after Feb. 7, 2026 (12:01 a.m. EST).
- Review classification and duty lines: Validate whether your imports were assessed under the now-terminated Chapter 99 headings tied to EO 14329.
- Watch for refund mechanics: The order states that, to the extent implementation requires a refund of duties collected, refunds will be processed under applicable law and standard CBP procedures.
- Monitor for reimposition risk: The Executive Order directs monitoring of whether India resumes directly or indirectly importing Russian oil, and notes the administration may recommend additional action, including reimposing the 25% duty.
ASK Alba for Support
If you need help determining whether past entries were impacted, evaluating refund posture, or updating internal duty-assumption models, Alba can help review your entry data and develop a practical action plan. Please reach out, contact us.
