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Executive order implements the Graham Act: duty increases set in Section 2, waived in Section 4

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In brief

The October 16, 2026 executive order implementing H.R. 5334 sets duty increases of 500 and 100 percent in Section 2 and waives their application in Section 4. What the text says, and what is and is not in effect.

Update, October 21, 2026: The order was published in the Federal Register on October 21, 2026 as Executive Order 14436 (91 FR 66627, document 2026-21599), under the signing date of October 16, 2026. The Federal Register entry lists the Executive Office of the President as the agency and carries the same title. No CSMS message implementing duties under the order appears in the CBP bulletin feed through October 20, 2026.

On October 16, 2026, the President signed an executive order titled Implementing the Lindsey O. Graham Sanctioning Russia and Iran Act of 2026. It is the implementing document that the 30-day clock post on H.R. 5334 was waiting for. The order sets increased duty rates in Section 2 and, in Section 4, waives the application of those duties. As published on whitehouse.gov, the order names no country and gives no Federal Register citation.

What the order says

Section 1 recounts that Section 115 of the Act “authorizes the President to waive the application of any sanctions provision,” and states that the President has submitted a certification to Congress that the waiver is in the national interest.

Section 2 then sets the duty increases:

  • Section 2(a): “The rate of duty on goods from the Russian Federation shall be increased by 500 percent,” subject to the exceptions in Section 114 of the Act and the waivers in Section 4.
  • Section 2(b): the rate of duty on goods from the five largest importers of Russian-origin crude oil and natural gas “shall be increased by 100 percent ad valorem if the country knowingly makes new purchases” of Russian-origin crude oil or natural gas on or after October 18, 2026.
  • Section 2(c): the rate on goods from the top five facilitators of Russian oil sanctions evasion “shall be increased by 100 percent.” The United States Trade Representative is to identify which countries rank in the top five.
  • Section 2(d): the increases “shall apply in addition to any other duty,” including duties under Title VII of the Tariff Act of 1930, sections 122, 201, and 301 of the Trade Act of 1974, and section 232 of the Trade Expansion Act of 1962.

Section 3 directs the Trade Representative, in consultation with State, Treasury, and Energy, to monitor Russian energy purchases and sanctions evasion and to report to the President. Section 5 delegates Sections 112 and 113(a) of the Act to the Trade Representative.

The waiver in Section 4

Section 4(a) states: “I hereby waive the application of any duties provided for in sections 112 and 113” of the Act, and extends the waiver to duties under the order itself. Section 4(d) provides that the waivers remain in effect until the President or the Secretary of State, with Treasury and the Trade Representative as appropriate, determines that further action is appropriate. Section 4(b) states that existing measures under the Russia-related national emergency, cited at 91 Fed. Reg. 15515, are not affected.

What is in effect and what is not

The text of the order does not say that any of the Section 2 duties are being collected, and Section 4 waives their application. The order names no country under Section 2(b) or 2(c), contains no Harmonized Tariff Schedule instruction, and gives no instruction to U.S. Customs and Border Protection. As of the time this item was written, no CSMS message and no Federal Register document implementing duties under the order had been found in the sources checked. The 30-day period in Sections 112 and 113 of the Act ended on October 18, 2026, and the order is the action taken on it.

Why it matters to importers

A duty of this kind, if and when it is applied, is an ad valorem rate on the customs value declared at entry, and the Importer of Record (IOR) on the entry is the party that owes it. Section 2(d) states that the increases stack on other duties, which means a covered entry would carry the Section 232 or Section 301 duty and the added duty together. Under Section 4(d), the waiver stays in place until a later determination, and any later determination would be a separate document. For importers whose goods originate in, or are sourced through, a country that could be described under Section 113(c) of the Act, the open questions are which country is described and whether the waiver is lifted. Neither is answered in the order.

The Importer of Record page covers what the role carries at entry. The separate track that tightens who may hold the role, and what that party must show, is on the 2026 customs enforcement order tracker.

Questions about how a specific supply chain is structured can go to ship@iorusa.com or the contact page.

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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