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A U.S. sanctions waiver does not eliminate customs duty. A waiver or license from the Office of Foreign Assets Control (OFAC) answers whether a specified transaction may proceed under U.S. sanctions rules. U.S. Customs and Border Protection (CBP) calculates duty separately from the Harmonized Tariff Schedule (HTS), using the goods’ classification, country of origin, entry date and any additional Chapter 99 measures. An Indian company can therefore have permission to complete a sanctions-sensitive transaction and still owe ordinary, Section 232, reciprocal or other additional duties.
The practical question is not “Was a waiver issued?” but “What activity does it authorize, which customs rules apply on the entry date, and what evidence proves both?”
Sanctions authorization and tariff treatment are different systems
OFAC administers U.S. economic-sanctions programs. Its authorization may take the form of a general license or a specific license.
General licenses
OFAC describes general licenses as self-executing: people may conduct the transactions covered by the license without applying for an individual authorization, provided every stated term and condition is met. A general license can be limited by dates, persons, countries, commodities, payment channels, shipping arrangements or excluded conduct. Falling outside one condition means the authorization cannot be assumed to apply.
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Specific licenses
A specific license is a case-by-case authorization for the named licensee and the activity described in that document. It is not a transferable tariff concession and does not automatically cover affiliates, replacement banks, vessels, insurers, suppliers or later shipments.
What a waiver does not do
Neither type of authorization sets an HTS classification, changes origin, reduces the customs value, or suspends duties enacted under another U.S. trade measure. Customs duty remains a CBP and HTS question even when the commercial route involves Iran, Russia or another sanctioned jurisdiction.
| Question | Sanctions analysis | Customs analysis |
|---|---|---|
| May the transaction proceed? | OFAC program, license scope, counterparties and conditions | Not the customs determination |
| What duty rate applies? | Not established by a waiver | HTS classification, origin, entry date and applicable additional duties |
| Which parties must be checked? | Seller, buyer, banks, vessels, insurers, brokers and other relevant parties | Importer of record, broker, seller, manufacturer and documentation supporting the entry |
| Can the shipment be released? | Only if sanctions conditions and any required permissions are satisfied | Only after accurate entry data, duty payment and any government holds or examinations are resolved |
How CBP determines an Indian shipment’s customs cost
Classification controls the starting rate
CBP states that duty rates are established by Congress and published in the HTS by the U.S. International Trade Commission. The correct HTS number depends on the product’s characteristics, not on the existence of an OFAC authorization. A small change in material, function, processing or packaging can move merchandise to a different subheading.
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Country of origin is generally based on where the product was wholly obtained or, for goods made in more than one country, where the last substantial transformation occurred. A shipment routed through a third country does not automatically become a product of that country. Keep manufacturing records and apply any product-specific origin rule that governs the merchandise.
The state or port where cargo arrives in the United States does not set the duty rate. The classification and origin reported for the entry do.
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Entry date and Chapter 99 measures
Additional duties can be imposed through Chapter 99 provisions or other trade actions. Their applicability is date-sensitive. CBP’s 2025 notice made the additional duties covered by that notice for products of India effective for entries on or after August 27, 2025. That statement does not establish one rate for every Indian product; the relevant Chapter 99 provision, product scope and entry date must be checked for each line.
Section 232, reciprocal measures and other Chapter 99 duties are separate from sanctions law. An OFAC license does not waive them unless the trade measure itself expressly provides an exclusion that the entry qualifies for.
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Iran-linked goods
An Indian exporter may ship Iran-linked goods to the United States only if the entire transaction is lawful under the applicable sanctions program and the license covers the actual goods, parties, payment method, transport and dates. Customs will still require the normal entry data and will assess the HTS and origin rules. A waiver is not proof that the goods are duty-free, that the goods may be marked as Indian origin, or that every bank and carrier may participate.
Payments, banks and logistics
Sanctions exposure can arise through a correspondent bank, insurer, vessel owner, freight forwarder or other intermediary even when the exporter and importer are Indian and U.S. companies. Screen every relevant party and retain the result. A bank that is not covered by the authorization can stop payment after cargo has sailed, creating storage, demurrage or abandonment costs without changing the statutory duty.
Russia-touching structures
If goods, funds, vessels or counterparties touch Russia, apply the same two-track review: confirm the sanctions authorization and separately determine HTS classification, origin and any additional duty. Do not treat a permitted payment route as evidence that origin or tariff treatment has changed.
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Documents to prepare after an OFAC license
Customs and sanctions files should be organized so an auditor can connect the authorization to the exact entry. Keep, as applicable:
- The complete general-license text or the specific license, including effective dates, exclusions and reporting or recordkeeping terms.
- A transaction memo identifying the exporter, importer, end user, banks, insurers, vessels, brokers, commodity, quantity, value and destination.
- Screening records for all relevant parties and evidence that the selected payment and shipping channels fall within the authorization.
- Commercial invoices, packing lists, purchase contracts, bills of lading or air waybills, freight and insurance records, and payment documentation.
- The HTS classification analysis, product specifications and any binding or written CBP ruling relied on.
- Manufacturing and sourcing records supporting the claimed country of origin and substantial-transformation conclusion.
- Entry summaries and ACE transmission records, including any required sanctions-disclaimer indicator and Chapter 99 reporting.
Keep the license with the shipment file rather than treating it as a permanent corporate approval. A revised license, an expired date or a changed bank can alter the result for the next entry.
ACE reporting: where sanctions and tariff data meet
For an electronic entry in the Automated Commercial Environment (ACE), the importer or broker must transmit the applicable HTS data and line values. Where required, the entry also uses the sanctions-disclaimer indicator. When a Chapter 99 provision applies, its number is reported before the Chapter 1–97 commodity number in the prescribed sequence. A broker should not be asked to “apply the waiver” as a substitute for supplying the correct HTS and Chapter 99 data.
Errors in the sequence, indicator, classification or value can lead to rejection, a duty bill, a post-entry correction or an examination. Give the broker the written classification and origin rationale before filing, and reconcile the filed entry with the commercial documents.
How to calculate the real landed cost
Start with the customs value and the duty treatment for each entry line. A useful planning model is:
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Landed cost = product cost + international freight and insurance + ordinary HTS duty + applicable Chapter 99 or other additional duty + customs fees and broker charges + sanctions and compliance costs + expected delay, storage or demurrage.
The formula is a budgeting framework, not a substitute for the entry rules. Confirm whether freight, assists, royalties, packing or other elements belong in the customs value, and whether a duty is ad valorem, specific or calculated under another rule.
| Cost component | What determines it | Why a waiver does not settle it |
|---|---|---|
| Ordinary customs duty | HTS classification, origin, customs value and entry date | OFAC does not publish the HTS rate |
| Additional duty | Chapter 99 or another trade action in force for the product and date | Sanctions authorization is not an exclusion |
| Broker and filing fees | Broker agreement, entry complexity and corrections | These are commercial service costs |
| Banking and screening | Due diligence, payment routing and compliance controls | A license can increase documentation work even when it permits the transaction |
| Delay and storage | Reviews, holds, examinations, port congestion and payment interruption | Permission to transact does not guarantee release timing |
A six-step workflow for an Indian business
- Map the transaction. List every party, beneficial owner where relevant, bank, insurer, vessel, carrier, broker, commodity, origin, destination and payment currency. Flag any Iran- or Russia-related connection.
- Identify the sanctions authority. Determine the OFAC program and read the exact general or specific license. Note effective and expiration dates, exclusions, reporting duties, payment limits and shipping conditions. Obtain a specific license when no general license covers the activity.
- Prove that the conditions are met. Match the license language to the actual parties, goods, invoices, bank instructions and transport documents. Preserve the analysis and screening evidence.
- Classify and determine origin. Use the current HTS, product specifications and the applicable substantial-transformation or product-specific origin rule. Seek a written CBP classification or origin ruling when uncertainty could materially change duty.
- Check the entry-date measures. Review current Chapter 99 provisions, Section 232 actions, reciprocal measures and other additional duties for the expected entry date. Recheck if the vessel is delayed across a policy-change date.
- File and monitor the entry. Provide the broker with the HTS number, line value, origin, sanctions-disclaimer information where required and Chapter 99 number before the Chapter 1–97 number when applicable. Reconcile the filed entry and retain the full file.
Common mistakes and how to correct them
“The waiver means zero tariff.”
Correction: Treat the authorization as a sanctions permission only. Run a separate HTS, origin and Chapter 99 analysis before quoting a delivered price.
“Indian origin avoids every special duty.”
Correction: Verify the product-specific rule and current measures. The 2025 India notice demonstrates that additional duties can apply to products of India from a specified entry date; it does not create a universal India rate or exemption.
“The route proves origin.”
Correction: Document manufacturing and substantial transformation. Transshipment or a payment through another country does not by itself alter origin.
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“A historical waiver is still available.”
Correction: Check the current license text and dates. OFAC’s November 25, 2014 JPOA guidance described limited relief for certain Iranian crude-oil exports to India and related financial channels. It was conditional, historical guidance—not evidence of a current blanket authorization.
“No tariff is due because the policy was announced.”
Correction: Use the legal effective date and entry date. Announcements, proposed actions and threatened measures do not replace the operative HTS or Chapter 99 text.
What the 2026 India logistics figures show
In a March 10, 2026 parliamentary answer, India’s Ministry of Commerce and Industry reported 35,962 metric tonnes valued at approximately Rs. 305.67 crore at Kandla and 5,676 metric tonnes valued at approximately Rs. 40.72 crore at Mundra. The answer also stated: “As on date, US tariff on countries doing business with Iran has not been effected.” These figures describe cargo and the position reported on that date; they do not establish a permanent tariff rule or authorize a particular shipment.
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When to obtain professional rulings or advice
Obtain qualified customs advice when classification, valuation or origin could move the shipment into a different duty band or Chapter 99 provision. Obtain sanctions counsel when a party, bank, vessel, insurer, end user, beneficial owner, payment route or commodity has an Iran- or Russia-related connection, or when the license language is conditional or ambiguous. Ask for the conclusion in writing and tie it to a specific transaction, date and set of documents.
Because rates and sanctions conditions are volatile, verify the current OFAC license, HTS and Chapter 99 provisions immediately before filing. No single tariff percentage can be applied to all Indian businesses.
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