On August 6, 2025 President Trump issued Executive Order 14329 imposing additional duties on goods from India because of India’s purchase of energy from Russia. The duties are apparently intended to pressure Russia to end its war in Ukraine. Customs has now issued a Federal Register notice effectuating the EO.
According to the notice, duties will be imposed on goods of India entered for consumption or withdrawn from warehouse for consumption starting at 12:01 a.m. August 27, 2025 Eastern time. The duties will not apply to articles (1) loaded on to their final mode of transit and in transit to the United States before the duties come into effect, (2) that are entered before 12:01 a.m. September 17, and (3) report 9903.01.85 at entry. This is similar to the in-transit provision importers have seen on a slew of other new duties.
The specific provisions of the India/Russia duties will be set out between 9903.01.84 and 9903.01.89 in the tariff. Those provisions make clear that, absent any exception, the additional duty is 25% (9903.01.84). However, there are several important exceptions where the new 25% duties do not apply:
9903.01.85 Goods in transit
9903.01.86 Goods excluded from “reciprocal” duties by Annex II of EO 14257 (as amended)
9903.01.87 Goods subject to 232 actions on iron and steel, aluminum, passenger vehicles and light trucks, and/or copper
9903.01.88 IEEPA donations
9903.01.89 IEEPA informational materials
