On February 6, 2026, the White House published an executive order that states the United States’ long-standing national emergency with respect to Iran continues and directs the creation of a process that could lead to additional tariffs on imports from certain foreign countries.
EXECUTIVE ORDER: ADDRESSING THREATS TO THE UNITED STATES BY THE GOVERNMENT OF IRAN
The order states that, effective 12:01 a.m. EST on February 7, 2026, an additional ad valorem duty—“for example, 25 percent”—may be imposed on goods imported into the United States that are products of any country found to directly or indirectly purchase, import, or otherwise acquire “any goods or services from Iran,” subject to the determination steps described in the order.
HOW A COUNTRY COULD BE IDENTIFIED FOR POTENTIAL TARIFFS
The order assigns an initial determination to the Secretary of Commerce (in consultation with the Secretary of State) on whether a foreign country is directly or indirectly acquiring Iranian goods or services. If Commerce makes an affirmative finding, Commerce is directed to inform State and provide relevant information.
After Commerce’s finding, the Secretary of State—consulting Treasury, Commerce, the Department of Homeland Security, and the U.S. Trade Representative—must determine whether and to what extent an additional duty should be imposed, and then provide a recommendation to the President. The order states the President will consider the recommendation and related information when deciding whether and to what extent to impose an additional duty.
GOODS OR SERVICES FROM IRAN
For purposes of the order, “goods or services from Iran” is tied to a regulatory definition (31 C.F.R. 560.306) and is limited to goods or services that U.S. persons are prohibited from trading in with respect to Iran. The order defines “indirectly” to include acquisitions through intermediaries or third countries where origin can reasonably be traced to Iran, as determined by Commerce.
The order states the President may modify the order based on additional information, changed circumstances, retaliation by a foreign country, or if Iran or an affected country takes “significant steps” related to the national emergency.
WHITE HOUSE FACT SHEET
A White House fact sheet published the same day describes the order as establishing a process to impose tariffs on countries that acquire Iranian goods or services and notes that implementing agencies may issue rules and guidance.
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