Executive order waives Graham Act duties, sets monitoring framework
The executive order implements the Graham Act but immediately waives the act's duty provisions and multiple sanctions provisions. It also directs USTR and other agencies to monitor Russian-origin energy purchases and sanctions evasion for possible further action.
What this affects
The update
This executive order implements the Lindsey O. Graham Sanctioning Russia and Iran Act of 2026 and describes duty increases the act authorizes. It states that goods from the Russian Federation would face a 500 percent ad valorem duty, and goods from certain other countries could face 100 percent ad valorem duties under conditions set out in the act. In the same order, those duty provisions are waived.
The order says the 100 percent duty could apply to goods from the largest 5 importers of crude oil and natural gas that originated in the Russian Federation if a country knowingly makes new purchases of that Russian-origin crude oil or natural gas on or after October 18, 2026. It also says a 100 percent duty could apply to goods from the top 5 facilitators of Russian oil sanctions evasion. The order does not name those countries, and it assigns the Trade Representative, with other agencies, to monitor and report on those circumstances.
The order states that the duty increases would apply in addition to any other applicable duty, fee, tax, exaction, or charge, including duties under title VII of the Tariff Act of 1930 and under sections 122, 201, and 301 of the Trade Act of 1974 and section 232 of the Trade Expansion Act of 1962. But section 4 of the order waives the application of the duties provided for in sections 112 and 113 of the Graham Act or this order. Those waivers remain in effect until the President or the Secretary of State, in consultation with other named agencies as appropriate, determine that further action is appropriate.
The order also waives several sanctions and restrictions provisions in the Graham Act and delegates authorities to the Secretary of State, the Secretary of the Treasury, the Trade Representative, and the Secretary of Energy. It says existing sanctions or other measures under earlier executive orders addressing harmful foreign activities of the Government of the Russian Federation are not affected.
Impact
For importers, the headline rates in the order are not the operative result because the order also waives those Graham Act duties. The practical impact is that import cost exposure under this act is not triggered by this order today, but the monitoring framework means duty risk could change if the waivers are later lifted or narrowed.
What to watch
It is easy to read the 500 percent and 100 percent rates without the waiver language. The order does not identify the largest 5 importers or the top 5 facilitators, and it leaves future action open if agencies determine that further action is appropriate.
How to prepare
- 1Map Russian origin exposure
Review suppliers and origin data to identify any goods or inputs tied to the Russian Federation.
- 2Model waived and potential duty scenarios
Estimate landed cost impacts if the waiver changes or if additional countries are later identified.
- 3Confirm origin documentation
Make sure records support country of origin claims for affected goods and inputs.
- 4Track broker and counsel updates
Watch for implementing guidance or later action that could change duty treatment.
Sources
- Implementing the Lindsey O. Graham Sanctioning Russia and Iran Act of 2026 · Federal Register · October 21, 2026
- Section 301 exclusions expire November 2026 · Thomson Reuters tax · October 12, 2026
- US Section 301 Investigation – Impact on India’s Trade and Tariffs · Vajiram & Ravi · October 10, 2026
- Section 301 exclusions expire November 2026 · Thomson Reuters tax · October 12, 2026
We summarize published reporting and official notices. Always confirm rates and dates against the Federal Register or your customs broker before acting on them.
