Homeland Security and USITC authorized to modify Harmonized Tariff Schedule by Federal Register notice

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directive

The Secretary of Homeland Security, in consultation with the United States International Trade Commission, determines whether HTS modifications are necessary to implement this order and, if so, publishes those modifications via notice in the Federal Register.

Source summary

The president issued an executive order eliminating an additional 25% ad valorem duty that had been imposed on certain imports from India under Executive Order 14329. The tariff removal, effective Feb. 7, 2026, follows India’s commitments to stop directly or indirectly importing Russian oil, to buy U.S. energy products, and to expand defense cooperation with the United States. U.S. agencies — led by Commerce and State — will monitor India for any resumption of Russian oil imports and may recommend reimposing the duty if that occurs. The order directs agencies to implement the change and process any required refunds under applicable law.

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Latest fact check

The Executive Order dated February 6, 2026 (Sec. 3(b)) explicitly directs: “The Secretary of Homeland Security, in consultation with the United States International Trade Commission, shall determine whether modifications to the Harmonized Tariff Schedule of the United States are necessary to effectuate this order and may make such modifications through notice in the Federal Register.” The U.S. International Trade Commission’s HTS guidance confirms that instruments modifying the HTS are typically published in the Federal Register and that the Commission maintains HTS modification records. Verdict: True — the primary source (the Executive Order) directly authorizes DHS, in consultation with USITC, to determine and publish HTS modifications in the Federal Register, and USITC practice supports that publication method.

Sources

Timeline

Update · Feb 07, 2026, 10:38 AMTrue
The Executive Order dated February 6, 2026 (Sec. 3(b)) explicitly directs: “The Secretary of Homeland Security, in consultation with the United States International Trade Commission, shall determine whether modifications to the Harmonized Tariff Schedule of the United States are necessary to effectuate this order and may make such modifications through notice in the Federal Register.” The U.S. International Trade Commission’s HTS guidance confirms that instruments modifying the HTS are typically published in the Federal Register and that the Commission maintains HTS modification records. Verdict: True — the primary source (the Executive Order) directly authorizes DHS, in consultation with USITC, to determine and publish HTS modifications in the Federal Register, and USITC practice supports that publication method.
- https://www.whitehouse.gov/presidential-actions/2026/02/modifying-duties-to-address-threats-to-the-united-states-by-the-government-of-the-russian-federation-04b2/
- https://www.usitc.gov/harmonized_tariff_information/modifications_to_hts
Original article · Feb 06, 2026
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