H.R. 5334: what the Senate-passed secondary tariff sections say, and where the House vote stands
The House of Representatives adopted the rule for floor consideration of the Senate amendments to H.R. 5334, the Lindsey O. Graham Sanctioning Russia and Iran Act of 2026, on September 15, 2026 by a vote of 214 to 211. The rule provides for a single motion to concur in the Senate amendments. If that motion is agreed to, the bill goes to the President. As of September 16, 2026, the official record available to this site does not yet show the concurrence vote, and no provision of the bill is in effect.
This post describes what the Senate-passed text says about import duties, what the House is actually voting on, and what has and has not happened. It is written from the bill text, the House Rules Committee record, and the Statement of Administration Policy, all linked under Sources.
What the Senate-passed text does on the import side
Two sections of the Senate amendment reach importers directly. Both are written as duties on goods, not as sanctions on persons, which means they operate through the customs entry.
Section 112, duties on goods from the Russian Federation. Not later than 30 days after enactment, the President is directed to increase the rate of duty on all goods imported from the Russian Federation, including oil, natural gas, liquefied natural gas, petroleum, petroleum products, petrochemical products, coal, and coal products, to a rate of up to 500 percent ad valorem.
Section 113, duties on countries that purchase Russian-origin crude oil or natural gas or facilitate sanctions evasion. Not later than 30 days after enactment, the President is directed to increase the rate of duty on all goods imported from a country described in that section to a rate of up to 100 percent ad valorem. The United States Trade Representative may modify or adjust the rate for such a country to any rate greater than zero and up to 100 percent ad valorem. The section describes covered countries by conduct, purchasing Russian-origin crude oil or natural gas or facilitating sanctions evasion, rather than by name.
Section 115, waiver. The President may waive the application of these provisions on submitting a certification that the waiver is in the national interests of the United States.
Ad valorem means the duty is a percentage of the customs value of the goods. For any importer whose supply chain touches a country that ends up described under Section 113, that turns the customs value declared on the entry into the base for a duty that could run as high as the value of the goods themselves.
What the House is voting on
The Senate amendments as passed, with no changes. That point matters because of the amendments that have been reported in coverage of the bill.
Six amendments were submitted to the House Rules Committee. Amendment 1, sponsored by Representatives Hoyer and Kaptur, would list specific countries as not exempt from the Section 113 duties: the People’s Republic of China, the Republic of India, the Republic of Türkiye, the Republic of Azerbaijan, Hungary, the Slovak Republic, the United Arab Emirates, the Republic of Singapore, the Republic of Kazakhstan, and the Kyrgyz Republic. Amendment 2, led by Representative Meeks, would strike the broad secondary tariff section entirely. Three further Meeks amendments would clarify that the European Union is not a country for purposes of the secondary tariffs, tighten the waiver standard to cases vital to the national security of the United States, and authorize 15 billion dollars in foreign military financing for Ukraine. Amendment 6, from Representative Pettersen, would strike Section 115, the waiver authority.
None of the six was made in order. The committee record shows the Democratic motions to make amendments in order defeated 3 to 7, and the rule reported 7 to 3 on September 14. The Rules Committee page lists every amendment with the status Submitted. The rule adopted on September 15 waives points of order against the Senate amendments and provides one hour of debate on the motion to concur. The country list in Amendment 1 is therefore not part of the text before the House. Under the Senate text, which countries are covered is a determination made under Section 113 after enactment.
Where the Administration stands
The Office of Management and Budget issued a Statement of Administration Policy on July 28, 2026 supporting passage of the Senate amendment. The statement says that if the Senate amendment were presented to the President in its current form, his advisors would recommend he sign it into law. It cites the bill’s sanctions on Russian officials and financial institutions, the five-year extension of the Iran Sanctions Act of 1996, and, in the Administration’s words, full Presidential discretion on waivers.
What has not happened
- The House has not, in the official record available at publication, agreed to the motion to concur.
- The bill has not been presented to the President and has not been signed.
- No duty under Section 112 or Section 113 is in effect. Both sections run on a clock that starts at enactment, and both give the President up to 30 days after that date to act.
- No country has been described or designated under Section 113. The names in Amendment 1 are a proposal that the rule did not make in order.
Any account that describes a 100 percent tariff on goods from China, India, or Türkiye as in force is ahead of the record.
Why this belongs next to the 2026 customs enforcement order
The June 3, 2026 executive order directs CBP to tighten who may act as Importer of Record and what that party must demonstrate, including a 50 percent minimum penalty floor. H.R. 5334 works on a different lever, the rate of duty, but it lands on the same party. The Importer of Record is the party that owes the duty on the entry. A duty of up to 100 percent ad valorem on all goods from a covered country is owed by whoever holds that role, whether that is the importing company itself, a supplier filing under a delivered duty paid arrangement, or a nonresident entity. The two developments together are why the question of who holds the Importer of Record role, and whether that party can carry the bond and the duty, is worth settling from the paperwork rather than assuming.
This site will update this post and the tracker page as the House vote, presentment, and any Section 113 determinations are recorded.
Sources
This post summarizes publicly available federal actions for general information. It is not legal advice. Requirements are subject to rulemaking and change. Verify current requirements against the Federal Register and CBP guidance.
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