Graham Act deadline in 6 days: Trump yet to notify Congress on Russia tariffs
Synopsis
Six days before the Graham Act's 18 October deadline, the Trump administration has made no public disclosure of duty rates, covered countries, or the congressional notification legally due by 8 October. With India ranked second among Russian crude buyers, New Delhi's tariff exposure is real — and entirely contingent on whether Indian refiners keep purchasing after the deadline.
Key Takeaways
The Graham Act , signed 18 September , requires President Trump to impose tariffs of up to 100% on goods from major Russian oil buyers by 18 October .
A written congressional notification was legally due on or about 8 October ; no such document has been publicly released.
Seven senators led by Jeanne Shaheen accused the administration of failing to consult Congress or submit the required explanation.
India ranks second among buyers of Russian crude, per the Kyiv School of Economics and Centre for Research on Energy and Clean Air ; its tariff exposure depends on new purchases from 18 October .
President Trump can waive duties under Section 115 , but must provide a written national-interest certification to Congress — which has also not been made public.
The Graham Act cleared the Senate 86-11 and the House 262-159 ; post-first-round, the USTR must re-assess the top five buyers every 180 days .
With just six days remaining before US President Donald Trump must act on tariffs targeting major buyers of Russian oil, the administration has released no written justification, no list of covered countries, no duty rate, and no waiver — raising questions about compliance with the Lindsey O. Graham Sanctioning Russia and Iran Act.
What the Law Requires
The Graham Act, signed on 18 September, mandates that the President raise duties on 'all goods' from covered countries 'to a rate of up to 100 percent ad valorem' within 30 days of enactment — a deadline that falls on 18 October.
Under Section 113(g) of the law, the President or the US Trade Representative (USTR) must send the relevant committees of Congress a written justification 'not later than 10 days before imposing a duty' — meaning the notification should have been filed on or about 8 October. That document must provide a substantive rationale for the rate chosen and detail the methodology used to determine which countries are covered.
No Public Notice Issued
As of Monday, 12 October, no such document has been publicly released by the White House, the USTR, or the US Treasury, and none has been reported. Importantly, the law requires the justification to be submitted to six congressional committees — not published — so the possibility that committee staff received it privately cannot be ruled out.
This comes amid broader accusations that the administration has sidelined Congress on related Russia-energy decisions. Seven senators — led by Senate Foreign Relations Committee ranking member Jeanne Shaheen — said in a statement on Sunday: 'The Administration has also failed to consult with Congress or submit any explanation to justify its decision as required by statute.' The statement did not specify which reporting requirement had been missed.
India's Exposure Under the Act
A country is covered if it ranked among the five largest importers of Russian crude oil or natural gas in the 12 months before enactment, and 'knowingly made new purchases' on or after 18 October. Countries that are top facilitators of Russian oil sanctions evasion are also covered.
Unofficial rankings by the Kyiv School of Economics and the Centre for Research on Energy and Clean Air place India second among buyers of Russian crude, behind China. India does not figure among the largest buyers of Russian gas. Any duty on Indian goods would therefore hinge on whether Indian refiners make new purchases from 18 October onward.
The Waiver Option and What Happens Next
The law does offer the President an exit route. Under Section 115, Trump may waive any duty — but must first provide Congress a written certification that the waiver is 'in the national interests of the United States', along with a detailed explanatory report. No such waiver certification has been made public either.
The Graham Act passed the US Senate 86-11 on 7 August and cleared the House of Representatives 262-159 on 16 September. After the first round of duties, the USTR must re-determine the top five buyers every 180 days. With the 18 October deadline approaching and no public documents in sight, the administration's next move will be closely watched in New Delhi and Beijing alike.
Point of View
The stakes are immediate: being second only to China among Russian crude buyers means New Delhi's import decisions in the next week could carry billion-dollar tariff consequences. The administration's pattern of sidelining Congress — visible also in the Russian diesel import decision flagged by senators — points to a broader tension between legislative intent and executive implementation that courts may eventually have to resolve.
NationPress
12 Oct 2026
Frequently Asked Questions
What is the Graham Act and what does it require by 18 October?
The Lindsey O. Graham Sanctioning Russia and Iran Act, signed on 18 September, requires President Trump to impose tariffs of up to 100 percent on goods from countries that are among the five largest buyers of Russian crude oil or natural gas, within 30 days of enactment — a deadline of 18 October. The law also required a written notification to six congressional committees at least 10 days before any duty is imposed, meaning by around 8 October.
Has the Trump administration notified Congress as required by the Graham Act?
No public notification has been released by the White House, the US Trade Representative, or the US Treasury as of 12 October. The law requires the justification to go to congressional committees rather than be published, so it is possible staff received it privately — but seven senators, including Jeanne Shaheen, publicly accused the administration of failing to submit any explanation as required by statute.
How could India be affected by the Graham Act tariffs?
India ranks second among buyers of Russian crude oil, according to rankings by the Kyiv School of Economics and the Centre for Research on Energy and Clean Air. Under the Act, any duty on Indian goods would apply only if Indian refiners 'knowingly make new purchases' of Russian oil on or after 18 October, the law's enactment trigger date.
Can Trump avoid imposing the tariffs under the Graham Act?
Yes. Section 115 of the Act allows the President to waive any duty, but only after submitting a written certification to Congress stating that the waiver is in the national interests of the United States, along with a detailed explanatory report. No such waiver certification has been made public as of 12 October.
How broadly supported was the Graham Act in Congress?
The Graham Act passed with strong bipartisan support — 86-11 in the Senate on 7 August and 262-159 in the House on 16 September — before being signed into law on 18 September. After the first round of duties, the US Trade Representative is required to re-determine the top five Russian oil buyers every 180 days.
