President Trump Issues New Executive Order Waiving Certain Russia Sanctions Imposed Under Graham Act
On Friday, October 16, 2026, President Trump issued an Executive Order implementing the Graham Act, passed back in September 2026. The Order waived most of the sanctions, restrictions, and duties the statute would otherwise impose.
The Order implements the Graham Act, a statute authorizing new sanctions, restrictions, and import duties targeting the Russian Federation and countries that continue to engage in trade with it. Specifically, the Order imposes:
- 500 percent ad valorem increase in the duty rate on goods from Russia;
- 100 percent increase in duty rates to good originating from the following countries:
- The five largest importers of Russian crude oil and natural gas; and
- The top five facilitators of Russian oil sanctions evasion, where those countries continue making new purchases of Russian energy
The five largest importers and top five facilitator countries will be determined by the United States Trade Representative (Trade Representative), in consultation with the Secretary of State, the Secretary of the Treasury, the Secretary of Energy and any other appropriate senior executive branch official.
These increases apply in addition to any existing duties, including antidumping, safeguard, and national security tariffs already in effect.
While the Order implements the above provisions, it also waives nearly all of the sanctions, restrictions, and duties based on Section 115(a) of the Graham Act which permits the President to waive sanctions, restrictions, and duties required by the Act provided a report is issued to Congress providing reasons for waiving such actions.
As a result, the tariff rates do not currently apply to the substantial majority of transactions the statute was designed to cover. The waivers remain in effect until the Administration determines that further action is warranted.
Importantly, the existing sanctions, export controls, and other restrictions against Russia remain unaffected by this Executive Order.
We will continue to monitor developments and will provide updates on any changes.
Changes to Chapter 99 Codes for Section 301 China Tariffs
CBP issued CSMS #70261629 on October 22, 2026, which updated CSMS # 69990649, and provided the following guidance:
- U.S. note 20(vvv)(i)(4) (9903.88.69) to subchapter III of chapter 99 of the HTSUS has been modified by inserting “through June 30, 2026; described in statistical reporting numbers 8413.91.9039, 8413.91.9046, 8413.91.9059 or 8413.91.9099 effective July 1, 2026” after “January 1, 2020.”
- U.S. note 20(vvv)(i)(5) (9903.88.69) to subchapter III of chapter 99 of the HTSUS has been modified by inserting “through June 30, 2026; described in statistical reporting numbers 8413.91.9039, 8413.91.9046, 8413.91.9059 or 8413.91.9099 effective July 1, 2026” after “January 1, 2020.”
- U.S. note 20(vvv)(i)(6) (9903.88.69) to subchapter III of chapter 99 of the HTSUS has been modified by inserting “through June 30, 2026; described in statistical reporting numbers 8413.91.9039, 8413.91.9046, 8413.91.9059 or 8413.91.9099 effective July 1, 2026” after “January 1, 2020.”
- Note: The goods covered by notes (i)(4), (5) and (6), through June 30, 2026, were classified under HTSUS classifications 8413.91.9065, 8413.91.9085 or 8413.91.9096.
- U.S. note 20(vvv)(iv)(4) (9903.88.69) to subchapter III of chapter 99 of the HTSUS has been modified by inserting “prior to July 1, 2026; described in statistical reporting numbers 3926.90.9915 or 3926.90.9920 effective July 1, 2026” after “3926.90.9910”.
- U.S. note 20(vvv)(i)(20) (9903.88.69) to subchapter III of chapter 99 of the HTSUS has been modified by inserting “through June 30, 2026; described in statistical reporting number 8479.90.9591, effective July 1, 2026” after “January 27, 2022.”
Customs advised that importers may file Post Summary Corrections (PSC) for eligible entries to request removal of Section 301 duties paid on previous imports of products granted exclusions by USTR.
Section 232 Investigation into Wind Turbines Results in Continued Negotiations
The President issued a Proclamation on October 22, 2026, in which he agreed with the U.S. Department of Commerce’s Section 232 investigatory finding that imports of wind turbines threaten to impair national security. However, the President directed the United States Trade Representative to continue negotiations and agreements to address the national security threats and provide an update on progress of such negotiations within one hundred eighty (180) days. The Proclamation did not impose additional tariffs on any products.