EO-14384
Modifying Duties To Address Threats to the United States by the Government of the Russian Federation
- Signed
- Feb 6, 2026
- Published
- Feb 11, 2026
Federal Register: 2026-02818
Source: Federal Register.
Removes 25% Tariff on Indian Imports After India Stops Buying Russian Oil
What it does
This order removes the 25% additional tariff on all imports from India that was imposed by Executive Order 14329 in August 2025. The tariff had been applied because India was purchasing Russian oil, which the U.S. had designated a national security threat. The removal takes effect immediately, as India has committed to stop buying Russian oil, purchase U.S. energy products, and expand defense cooperation with the United States over the next 10 years.
Who benefits
U.S. importers and retailers who source goods from India and would face lower input costs. U.S. consumers who may see lower prices on Indian-origin goods such as textiles, pharmaceuticals, electronics, and machinery. Indian exporters who regain tariff-free access to the U.S. market. U.S. energy producers who stand to gain a new large-volume customer in India. U.S. defense contractors who may benefit from the expanded 10-year defense cooperation framework. Importers who paid the 25% tariff after February 7, 2026, who are eligible for duty refunds under standard CBP procedures.
Who is affected
U.S. domestic manufacturers who had benefited from the competitive protection the 25% tariff provided against Indian imports, particularly in textiles, steel, pharmaceuticals, and chemicals. U.S. workers in those import-competing industries who may face renewed foreign competition. Ukraine and its supporters, who may view the tariff removal as reducing economic pressure on Russia indirectly, since India's resumed oil purchases from Russia remain a possibility. Third-country energy exporters who had partially filled the gap left by India's reduced Russian oil purchases. U.S. businesses that had restructured supply chains away from India in response to the original tariff.
Supporters argue
Supporters argue that the order demonstrates effective use of tariff leverage as a diplomatic tool: India made concrete commitments to stop purchasing Russian oil, buy U.S. energy, and deepen defense ties, achieving the national security goals that justified the original tariff. They contend that IEEPA expressly authorizes the president to modify or terminate economic measures when the underlying emergency conditions change, and that rewarding compliance encourages other nations to align with U.S. foreign policy objectives without requiring military action or treaty negotiations.
Opponents argue
Opponents argue that India's commitments are unverified pledges rather than binding legal obligations, and that removing the tariff before those commitments are fulfilled surrenders the primary source of U.S. leverage. They contend that using IEEPA to impose and lift tariffs on a major trading partner based on that partner's purchases from a third country stretches the statute beyond its intended scope of targeting adversary nations, and that such broad use of emergency economic powers to conduct routine trade and foreign policy may conflict with Congress's constitutional authority over international commerce.
Constitutional basis
Executive orders rest on constitutional authority or statutory delegation. This summary describes the legal grounding cited or implied by the order.
The order cites the International Emergency Economic Powers Act (IEEPA), 50 U.S.C. §1701 et seq., and the National Emergencies Act (NEA), 50 U.S.C. §1601 et seq., as the primary statutory delegations of authority, building on the national emergency first declared in EO 14024 (2021) and expanded in EO 14066 (2022). It also cites Section 604 of the Trade Act of 1974 (19 U.S.C. §2483) and the general presidential delegation authority of 3 U.S.C. §301. These statutes delegate to the president broad authority to regulate international economic transactions during a declared national emergency, rooted in Article II foreign affairs and Commander-in-Chief powers.