Notice2025-16419
Notice of Implementation of Additional Duties on Products of India Pursuant to the President's Executive Order 14329, Addressing Threats to the United States by the Government of the Russian Federation
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Published
August 27, 2025
Effective
August 27, 2025
Issuing agencies
Homeland Security DepartmentU.S. Customs and Border Protection
Abstract
To effectuate the President's Executive Order 14329 of August 6, 2025 (Addressing Threats to the United States by the Government of the Russian Federation), which imposed a specified rate of duty on imports of articles that are products of India, the Secretary of Homeland Security has determined that appropriate action is needed to modify the Harmonized Tariff Schedule of the United States (HTSUS) as set out in the Annex to this notice.
Full Text
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<title>Federal Register, Volume 90 Issue 164 (Wednesday, August 27, 2025)</title>
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[Federal Register Volume 90, Number 164 (Wednesday, August 27, 2025)]
[Notices]
[Pages 41837-41840]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16419]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
Notice of Implementation of Additional Duties on Products of
India Pursuant to the President's Executive Order 14329, Addressing
Threats to the United States by the Government of the Russian
Federation
AGENCY: U.S. Customs and Border Protection (CBP), Department of
Homeland Security.
ACTION: Notice.
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SUMMARY: To effectuate the President's Executive Order 14329 of August
6, 2025 (Addressing Threats to the United States by the Government of
the Russian Federation), which imposed a specified rate of duty on
imports of articles that are products of India, the Secretary of
Homeland Security has determined that appropriate action is needed to
modify the Harmonized Tariff Schedule of the United States (HTSUS) as
set out in the Annex to this notice.
DATES: The duties set out in the Annex to this document are effective
with respect to products of India that are entered for consumption, or
withdrawn from warehouse for consumption, on or after 12:01 a.m.
eastern daylight time on August 27, 2025.
FOR FURTHER INFORMATION CONTACT: Brandon Lord, Executive Director,
Trade Policy and Programs, Office of Trade, U.S. Customs and Border
Protection, (202) 325-6432 or by email at
[[Page 41838]]
<a href="/cdn-cgi/l/email-protection#384c4a595c5d4a5d555d5c41785b5a48165c504b165f574e"><span class="__cf_email__" data-cfemail="cabeb8abaeafb8afa7afaeb38aa9a8bae4aea2b9e4ada5bc">[email protected]</span></a>. C. Shane Campbell, Acting Executive Director,
Cargo and Conveyance Security, Office of Field Operations, U.S. Customs
and Border Protection, (202) 344-3401 or by email at
<a href="/cdn-cgi/l/email-protection#5d292f3c39382f38303839241d3e3f2d7339352e733a322b"><span class="__cf_email__" data-cfemail="c6b2b4a7a2a3b4a3aba3a2bf86a5a4b6e8a2aeb5e8a1a9b0">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: 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.
On August 6, 2025, after considering additional information
received from various senior officials on, among other things, the
actions of the Government of the Russian Federation with respect to the
situation in Ukraine, the President found that the national emergency
described in Executive Order 14066 continues 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 the national emergency described in Executive Order
14066, pursuant to 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, the
President issued Executive Order 14329 on August 6, 2025, in which he
determined that it is necessary and appropriate to impose an additional
ad valorem rate of duty of 25 percent on imports of articles of India,
which is directly or indirectly importing Russian Federation oil.\1\ In
the President's judgment, imposing tariffs, as described below, in
addition to maintaining the other measures taken to address the
national emergency described in Executive Order 14066, will more
effectively deal with the national emergency described in Executive
Order 14066.
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\1\ The terms ``Russian Federation oil'' and ``indirectly
importing'' are defined in section 7 of Executive Order 14329.
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Executive Order 14329 directed the Secretary of Homeland Security
to determine and implement the necessary modifications to the
Harmonized Tariff Schedule of the United States (HTSUS), consistent
with law, in order to effectuate the Executive Order.
In order to implement the rate of duty imposed by Executive Order
14329, effective on 12:01 a.m. eastern daylight time on August 27,
2025, subchapter III of chapter 99 of the HTSUS is modified by the
Annex to this notice.
Products of India, except those set forth in section 3 of Executive
Order 14329, that are entered for consumption, or withdrawn from
warehouse for consumption, on or after 12:01 a.m. eastern daylight time
on August 27, 2025, will be subject to the additional ad valorem rate
of duty provided for in new HTSUS heading 9903.01.84. Products of India
shall not be subject to such additional duty if they (1) were loaded
onto a vessel at the port of loading and in transit on the final mode
of transit prior to entry into the United States before 12:01 a.m.
eastern daylight time on August 27, 2025; (2) are entered for
consumption, or withdrawn from warehouse for consumption, before 12:01
a.m. eastern daylight time on September 17, 2025; and (3) the importer
certifies to CBP that the products qualify for this in-transit
exception by declaring new HTSUS heading 9903.01.85 as described in the
Annex to this notice.
Products of India that are encompassed by 50 U.S.C. 1702(b) will
not be subject to the additional ad valorem duty provided for in new
HTSUS heading 9903.01.84, but such qualifying products, other than
products for personal use included in accompanied baggage of persons
arriving in the United States, must be declared and entered under new
HTSUS heading 9903.01.88 or new HTSUS heading 9903.01.89. Specifically,
new HTSUS heading 9903.01.88 covers products encompassed by 50 U.S.C.
1702(b)(2) and new HTSUS heading 9903.01.89 covers products encompassed
by 50 U.S.C. 1702(b)(3).
The ad valorem duty provided for in new HTSUS heading 9903.01.84
applies in addition to all other applicable duties, taxes, fees,
exactions, and charges, unless subject to existing or future actions
under section 232 of the Trade Expansion Act of 1962, in which case the
ad valorem duty imposed in Executive Order 14329 shall not apply.
The ad valorem duty imposed in section 2 of Executive Order 14329
shall not apply to articles that are set forth in Annex II to Executive
Order 14257 of April 2, 2025 (Regulating Imports With a Reciprocal
Tariff To Rectify Trade Practices That Contribute to Large and
Persistent Annual United States Goods Trade Deficits), as amended, but
such products of India must be declared and entered under new HTSUS
heading 9903.01.86. However, for products that are not included in
Annex II to Executive Order 14257, as amended, the ad valorem duty
imposed in section 2 of Executive Order 14329 shall apply in addition
to the ad valorem duty imposed in Executive Order 14257, as amended,
when applicable pursuant to the terms of Executive Order 14257.
Articles that are products of India subject to the ad valorem duty
imposed in section 2 of Executive Order 14329, except those that are
eligible for admission to a foreign trade zone under ``domestic
status'' as defined in 19 CFR 146.43, and are admitted into a United
States foreign trade zone on or after 12:01 a.m. eastern daylight time
on August 27, 2025, must be admitted as ``privileged foreign status''
as defined in 19 CFR 146.41. Such articles will be subject, upon entry
for consumption, to the duties imposed by Executive Order 14329 and the
rates of duty related to the classification under the applicable HTSUS
subheading in effect at the time of admission into the United States
foreign trade zone.
Kristi Noem,
Secretary of Homeland Security.
Annex
To Modify Chapter 99 of the Harmonized Tariff Schedule of the United
States
1. Effective with respect to goods entered for consumption, or
withdrawn from warehouse for consumption, on or after 12:01 a.m.
eastern daylight time on August 27, 2025, subchapter III of chapter
99 of the Harmonized Tariff Schedule of the United States (HTSUS) is
modified by inserting the following new headings in numerical
sequence, with the material in the new heading inserted in the
columns of the HTSUS labeled ``Heading/Subheading'', ``Article
Description'', ``Rates of Duty 1-General'', ``Rates of Duty 1-
Special'' and ``Rates of Duty 2'', respectively:
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Rates of duty
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Heading/ subheading Article description 1
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General Special
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``9903.01.84........................ Except for products described in The duty provided in The duty provided in The duty provided in the
headings 9903.01.85-9903.01.89, the applicable the applicable applicable subheading.
articles the product of India that subheading +25%. subheading +25%.
are entered for consumption, or
withdrawn from warehouse for
consumption, after 12:01 a.m. eastern
daylight time on August 27, 2025, as
provided for in subdivision (z) of
U.S. note 2 to this subchapter.
9903.01.85.......................... Articles the product of India that (1) The duty provided in The duty provided in The duty provided in the
were loaded onto a vessel at the port the applicable the applicable applicable subheading.
of loading and in transit on the subheading. subheading.
final mode of transit prior to entry
into the United States, before 12:01
a.m. eastern daylight time on August
27, 2025; and (2) are entered for
consumption, or withdrawn from
warehouse for consumption, before
12:01 a.m. eastern daylight time on
September 17, 2025.
9903.01.86.......................... Articles the product of India, The duty provided in The duty provided in The duty provided in the
classified in the subheadings the applicable the applicable applicable subheading.
enumerated in subdivision (v)(iii) of subheading. subheading.
U.S. note 2 to this subchapter.
9903.01.87.......................... Articles of iron or steel, derivative The duty provided in The duty provided in The duty provided in the
articles of iron or steel, articles the applicable the applicable applicable subheading.
of aluminum, derivative articles of subheading. subheading.
aluminum, passenger vehicles (sedans,
sport utility vehicles, crossover
utility vehicles, minivans, and cargo
vans) and light trucks and parts of
passenger vehicles (sedans, sport
utility vehicles, crossover utility
vehicles, minivans, and cargo vans)
and light trucks, and semi-finished
copper and intensive copper
derivative products, of India, as
provided in subdivision (z)(iii)
through (z)(ix) of note 2 to this
subchapter.
9903.01.88.......................... Articles the product of India that are The duty provided in The duty provided in The duty provided in the
donations, by persons subject to the the applicable the applicable applicable subheading.
jurisdiction of the United States, subheading. subheading.
such as food, clothing, and medicine,
intended to be used to relieve human
suffering, as provided for in
subdivision (z)(x) of U.S. note 2 to
this subchapter.
9903.01.89.......................... Articles the product of India that are The duty provided in The duty provided in The duty provided in the
informational materials, including the applicable the applicable applicable subheading''.
but not limited to, publications, subheading. subheading.
films, posters, phonograph records,
photographs, microfilms, microfiche,
tapes, compact disks, CD ROMs,
artworks, and news wire feeds.
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2. Effective with respect to goods entered for consumption, or
withdrawn from warehouse for consumption, on or after 12:01 a.m.
eastern daylight time on August 27, 2025, subchapter III of chapter 99
of the HTSUS is modified by inserting the following new subdivision (z)
to U.S. note 2 to subchapter III of chapter 99 of the HTSUS in
numerical sequence:
``(z)(i) Except as provided in headings 9903.01.85-9903.01.89, and
in subdivisions (z)(ii) through (z)(x) of this note, and other than
products for personal use included in accompanied baggage of persons
arriving in the United States, heading 9903.01.84 imposes an additional
ad valorem rate of duty on imports of all products of India.
Notwithstanding U.S. note 1 to this subchapter, all products that are
subject to the additional ad valorem rate of duty imposed by this
heading shall also be subject to the general rates of duty imposed
under subheadings in chapters 1 to 97 of the tariff schedule. Except as
provided in subdivisions (z)(ii) through (z)(x) of this note, all
products that are subject to the additional ad valorem rate of duty
imposed by this heading shall also be subject to any additional duty
provided for in this subchapter or subchapter IV of chapter 99.
Products that are eligible for special tariff treatment under general
note 3(c)(i) to the tariff schedule, or that are eligible for temporary
duty exemptions or reductions under subchapter II to chapter 99, shall
be subject to the additional ad valorem rate of duty imposed by this
heading.
The additional duty imposed by this heading shall not apply to
goods for which entry is properly claimed under a provision of chapter
98 of the tariff schedule pursuant to applicable regulations of U.S.
Customs and Border Protection (``CBP''), and whenever CBP agrees that
entry under such a provision is appropriate, except for goods entered
under heading 9802.00.80; and subheadings 9802.00.40, 9802.00.50, and
9802.00.60. For subheadings 9802.00.40, 9802.00.50, and 9802.00.60, the
additional duties apply to the value of repairs, alterations, or
processing performed, as described in the applicable subheading. For
heading 9802.00.80, the additional duties apply to the value of the
article assembled abroad, less the cost or value of such products of
the United States, as described.
Products that are provided for in heading 9903.01.84 shall continue
to be subject to antidumping, countervailing, or other duties, taxes,
fees, exactions and charges that apply to such products, as well as to
the additional ad valorem rate of duty imposed by this heading.
(ii) As provided in heading 9903.01.86, the additional duties
imposed by heading 9903.01.84 shall not apply to articles the product
of India classified in the provisions of the HTSUS listed in
subdivision (v)(iii) of note 2 to this subchapter.
(iii) The additional duties imposed by heading 9903.01.84 shall not
apply to products of iron or steel provided for in headings 9903.81.87
and 9903.81.88.
[[Page 41840]]
(iv) The additional duties imposed by heading 9903.01.84 shall not
apply to derivative iron or steel products provided for in headings
9903.81.89, 9903.81.90, 9903.81.91, 9903.81.92 and 9903.81.93.
(v) The additional duties imposed by heading 9903.01.84 shall not
apply to products of aluminum provided for in heading 9903.85.02.
(vi) The additional duties imposed by heading 9903.01.84 shall not
apply to derivative aluminum products provided for in headings
9903.85.04, 9903.85.07, 9903.85.08 and 9903.85.09.
(vii) The additional duties imposed by heading 9903.01.84 shall not
apply to passenger vehicles (sedans, sport utility vehicles, crossover
utility vehicles, minivans, and cargo vans) and light trucks provided
for in headings 9903.94.01 and 9903.94.03.
(viii) The additional duties imposed by heading 9903.01.84 shall
not apply to parts of passenger vehicles (sedans, sport utility
vehicles, crossover utility vehicles, minivans, and cargo vans) and
parts of light trucks provided for in heading 9903.94.05.
(ix) The additional duties imposed by heading 9903.01.84 shall not
apply to semi-finished copper and intensive copper derivative products
provided for in heading 9903.78.01.
(x) Heading 9903.01.88 covers only products that are donations, by
persons subject to the jurisdiction of the United States, of articles,
such as food, clothing, and medicine, intended to be used to relieve
human suffering, except to the extent that the President determines
that such donations (A) would seriously impair his ability to deal with
any national emergency declared under section 1701 of title 19 of the
U.S. Code, (B) are in response to coercion against the proposed
recipient or donor, or (C) would endanger Armed Forces of the United
States which are engaged in hostilities or are in a situation where
imminent involvement in hostilities is clearly indicated by the
circumstances.''
[FR Doc. 2025-16419 Filed 8-25-25; 4:15 pm]
BILLING CODE 9111-14-P
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