India's Tariff Whiplash 2026: Four Rate Changes, and an Advantage That Lasted 14 Days
If you have read anything about Indian apparel tariffs this year, you have probably read that the United States cut India's rate to 18 per cent and handed Indian exporters an advantage over Vietnam and Bangladesh. That was true for about a fortnight. Between August 2025 and August 2026 the rate applied to Indian goods passed through four distinct legal regimes, and the widely quoted 18 per cent figure was superseded within two weeks of being announced. This report sets out the verified timeline, the primary documents behind each change, and what actually happened to exports.
Key findings
- US tariffs on Indian goods passed through four distinct regimes in twelve months — IEEPA at 50%, a negotiated 18%, a uniform Section 122 surcharge, and Section 301[6]
- The 18 per cent rate applied for roughly fourteen days, from the 6 February joint statement[1] to the Supreme Court ruling on 20 February[23]
- The Supreme Court struck down the IEEPA tariffs on 20 February 2026 in Learning Resources, Inc. v. Trump[23]
- Section 122 imposed a uniform surcharge on all imports, which erased India’s country-specific advantage rather than preserving it[4]
- It carried a statutory 150-day limit and expired at 12:01 a.m. on 24 July 2026[9]
- A two-tier Section 301 regime replaced it across roughly 60 countries, with India in the 10 per cent tier[29] and a 12.5 per cent tier for most others[29]
- Reuters reported in July 2026 that the new arrangement leaves Indian textile exporters at a disadvantage against Asian rivals[8]
- Through all of it, exports held: US$37.75 billion in FY25 against US$35.87 billion in FY24[16]
What's in this report
- Four regimes in twelve months
- The advantage that lasted fourteen days
- What the Supreme Court actually did
- Section 122 and its built-in expiry
- Even the replacement was ruled unlawful
- Where the rate stands now
- What it did to the export numbers
- The lesson in the whiplash
- Where the data is weakest
- Frequently Asked Questions
1. Four regimes in twelve months
The sequence matters more than any single number in it. Elevated tariffs under the International Emergency Economic Powers Act applied from August 2025. In February 2026 a negotiated rate replaced them. Days later the Supreme Court invalidated the IEEPA framework altogether, and a temporary surcharge under a different statute took its place. That surcharge carried a statutory expiry, reached it in July, and was itself replaced.
Four regimes, four different legal bases, twelve months. Any tariff figure for Indian apparel is only meaningful with a date attached to it.
The headline rate on Indian goods across four regimes in twelve months. The 18 per cent figure still widely quoted applied for about two weeks.[1][3][9]
| Period | Regime | Rate |
|---|---|---|
| Aug 2025 – Feb 2026 | IEEPA | 50% |
| 6–20 Feb 2026 | Joint statement reciprocal rate | 18% |
| 24 Feb – 24 Jul 2026 | Section 122 surcharge | 10% |
| From 24 Jul 2026 | Section 301 two-tier | 10% base |
2. The advantage that lasted fourteen days
The United States–India joint statement of February 2026 set out that the United States would apply a reciprocal tariff rate of 18 per cent to originating goods of India, naming textile and apparel explicitly among the covered categories.[1][2] Against Bangladesh at 19 per cent and Vietnam at 20 per cent,[14] that briefly made India the cheaper origin — and textiles were widely identified as the largest beneficiary.
On 20 February 2026 the Supreme Court struck down the IEEPA tariffs.[5][6] The differential disappeared with them. Coverage at the time recorded the consequence plainly: India's tariff edge over its neighbours vanished almost as soon as it had been won.[14]
"A sourcing decision takes a season. This rate changed four times in a year. You cannot build a supply chain on a number that moves faster than the garments do."— Ramola Bachchan, Founder
3. What the Supreme Court actually did
The ruling in Learning Resources, Inc. v. Trump held that the administration had exceeded its authority in imposing tariffs under IEEPA.[6] It did not lower tariffs as a policy choice — it removed the legal basis for a particular set of them, which is why what followed was a scramble for an alternative statute rather than an orderly reduction.
4. Section 122 and its built-in expiry
The replacement was Section 122 of the Trade Act of 1974, which permits a temporary import surcharge to address balance-of-payments problems. The proclamation imposed a 10 per cent ad valorem duty on all articles imported into the United States,[4] published in the Federal Register on 25 February 2026,[3] and effective from 24 February for 150 days.[7] The President threatened to raise it to the 15 per cent statutory maximum but did not do so.[24]
Two features of Section 122 shaped everything that followed. It is uniform — applying across the board rather than country by country, which is precisely why it erased India's negotiated advantage. And it is time-limited: a maximum of 150 days and a ceiling of 15 per cent, extendable only by an Act of Congress.[9] A uniform reset also reduced the tariff burden on Southeast Asian suppliers, improving their price competitiveness at the same time.[12]
5. Even the replacement was ruled unlawful
Section 122 did not survive unchallenged either. On 7 May 2026 a divided Court of International Trade held that the 10 per cent surcharge exceeded the President's authority under Section 122 — but it enjoined collection only for the three importer plaintiffs before it, so every other importer kept paying.[23][25] The government appealed on 8 May, and on 12 May the Federal Circuit entered a temporary administrative stay of the CIT's order.[23][24] On 20 May the CIT denied the government's own motion for a stay pending appeal, and on 11 June the Federal Circuit granted one, finding the government had made a sufficient showing that it was likely to succeed on the merits.[26][27]
So the surcharge was held unlawful at trial, kept being collected from almost every importer, had even that ruling stayed on appeal, and then expired by its own terms in July[25] — which is why the July changeover reads as a scheduled sunset rather than a court-ordered end. Of the four regimes in this timeline, only IEEPA was struck down with finality; the ruling against Section 122 was stayed while the appeal proceeds.
6. Where the rate stands now
Section 122 expired at 12:01 a.m. on 24 July 2026, 150 days after its effective date.[9] A two-tier Section 301 regime replaced it across roughly 60 countries, with a 10 per cent standard tier and a 12.5 per cent tier.[11][9] For clothing specifically the base is 10 per cent, with tier assignment the variable,[10] leaving many origins facing 10 or 12.5 percentage points over MFN rates.[13] India is in the 10 per cent tier, alongside Bangladesh, Cambodia, Indonesia, Pakistan and Sri Lanka.[29]
On the day of the changeover Reuters reported the industry body's assessment that the new arrangement leaves Indian textile and apparel exporters at a disadvantage against Asian rivals.[8] Its specific complaint was differential treatment: India was excluded from planned tariff-rate quotas letting specified textile and apparel shipments from Bangladesh, Cambodia, Indonesia and Malaysia made with US-origin cotton and fibre enter free of the Section 301 duty.[8] India ends the twelve months in a materially worse relative position than the February joint statement implied, having briefly been in a better one.
“You cannot design a collection around a tariff that changes four times in a year — so we plan around the customer instead, and let the policy do what it does.” notes fashion designer Ramola Bachchan, whose label is cut from XS to 8XL.
7. What it did to the export numbers
Less than the volatility of the policy would suggest. India exported textiles and apparel including handicrafts worth US$37.75 billion in FY25, against US$35.87 billion in FY24.[16] An adjacent release puts 2024-25 at US$37.8 billion.[17] Apparel is about 42 per cent of the export basket,[18] and India holds roughly 4.1 per cent of global textile and apparel exports.[19]
Monthly data is choppier and should be read with care — AEPC's January figures showed an annual decline alongside a sequential improvement in the same month.[21][20] Exporters also actively diversified: Reuters reported in October 2025 that Indian textile exporters were turning to Europe and offering discounts to offset the US tariffs.[15]
India’s textile and apparel exports including handicrafts, US$ billion.[16][17]
| Year | US$ bn |
|---|---|
| FY24 | 35.87 |
| FY25 | 37.75 |
8. The lesson in the whiplash
The practical finding is not about any particular rate. It is that tariff policy moved through four legal regimes faster than a single apparel sourcing season, twice by mechanisms — a court ruling and a statutory sunset — that had nothing to do with trade negotiation. Two of the four changes were not negotiated at all.
For a manufacturing base planning capacity, that is a harder environment than a high tariff. A known 50 per cent can be priced. A rate that may be invalidated, replaced by a uniform surcharge, expire by statute and be superseded within twelve months cannot be planned around at all.
9. Where the data is weakest
The tariff position is the fastest-dating material in this series and readers should treat it as a snapshot at 31 August 2026. The Section 301 successor regime has faced legal challenge — twenty-five states filed suit at the Court of International Trade on 3 August 2026[28] — and the pattern of the last year is that legal outcomes have moved rates as much as negotiations have.
Rates are cited to primary documents where possible — the White House joint statement and presidential action, and the Federal Register publication of the proclamation.[1][4][3] Details of the Section 301 tier structure come from trade-compliance sources rather than the underlying instrument and are the least firmly sourced figures here. Export totals from the Ministry of Textiles vary slightly between releases depending on handicraft treatment; both figures are given rather than reconciled.
Frequently Asked Questions
What tariff does the US charge on Indian apparel right now?
As of August 2026, Indian apparel faces a base rate of about 10 per cent over MFN under the Section 301 regime that replaced the expired Section 122 surcharge on 24 July 2026. Reuters reported that this leaves Indian exporters at a disadvantage relative to major Asian rivals.
Did India get an 18 per cent tariff rate in 2026?
Yes, briefly. The February 2026 United States–India joint statement set a reciprocal tariff rate of 18 per cent on Indian goods including textile and apparel. It was overtaken within two weeks by the Supreme Court ruling.
What did the US Supreme Court decide?
On 20 February 2026 the Supreme Court struck down tariffs imposed under the International Emergency Economic Powers Act in Learning Resources, Inc. v. Trump, holding the administration had exceeded its authority.
What is Section 122?
Section 122 of the Trade Act of 1974 allows a temporary import surcharge of up to 15 per cent to address balance-of-payments problems, for no more than 150 days unless extended by Act of Congress. It was used to replace the invalidated IEEPA tariffs.
How long did India’s tariff advantage last?
About fourteen days. The 18 per cent rate was announced in the joint statement on 6 February 2026 and the Supreme Court struck down the IEEPA framework on 20 February, after which a uniform global surcharge removed the country-by-country differential entirely.
When did Section 122 expire?
At 12:01 a.m. on 24 July 2026, exactly 150 days after its 24 February effective date — the statutory maximum without an Act of Congress.
What replaced Section 122?
A two-tier Section 301 tariff applying to roughly 60 countries, with a 10 per cent standard tier and a 12.5 per cent tier. Clothing imports face a flat 10 per cent base, with the tier assignment the variable.
Why does this matter more to India than to most exporters?
Because the US is India’s largest single destination for textiles and apparel, so the US rate moves the sector’s economics more than any other external variable.
How big are India’s textile and apparel exports?
About US$37.75 billion in FY25 including handicrafts, up from US$35.87 billion in FY24. India accounts for roughly 4.1 per cent of global textile and apparel exports, and apparel is about 42 per cent of the export basket.
Did exporters find other markets?
They tried. Reuters reported in October 2025 that Indian textile exporters were turning to Europe and offering discounts to offset the US tariffs.
Is the current tariff position stable?
No. Four distinct regimes applied within twelve months, Section 122 carried a statutory sunset, and its successor has faced legal challenge at the Court of International Trade. Any tariff figure in this area should be checked against its date.
What does this mean for buyers of Indian clothing?
Very little directly. These are export tariffs into the United States and do not affect domestic Indian prices. The effect on Indian brands is indirect, through the health of the manufacturing base and the pressure on export-oriented factories.
Related research: What It Costs to Make a Garment in India 2026 · India Fabric Sourcing and Raw-Material Map 2026 · India’s Khadi Economy 2026
Sources
- The White House. United States–India Joint Statement, February 2026 — a reciprocal tariff rate of 18 per cent on originating goods of India including textile and apparel. View source
- The White House. Fact sheet — the United States and India announce a trade agreement, February 2026. View source
- Federal Register. Imposing a Temporary Import Surcharge to Address Fundamental International Payments Problems — Section 122 proclamation, published 25 February 2026. View source
- The White House. Presidential action — imposing a temporary import surcharge under section 122 of the Trade Act of 1974; a 10 per cent ad valorem duty rate on all articles imported into the United States. View source
- Hinrich Foundation. Supreme Court overturns IEEPA tariffs — ruling of 20 February 2026. View source
- Wikipedia. Tariffs in the second Trump administration — Learning Resources, Inc. v. Trump and the Section 122 response. View source
- Global Trade Alert. US tariff estimates under Section 122 — a surcharge on most US imports, effective 24 February 2026 for 150 days. View source
- Reuters. US tariff puts Indian textile exporters at a disadvantage, industry body says — the new Section 301 duty (24 July 2026). View source
- Tariffs Tool. Section 122 expired 24 July 2026 — importer playbook and the two-tier Section 301 replacement. View source
- Tariffs Tool. Tariff on clothing imports 2026 — the 10 per cent base and the 12.5 per cent tier. View source
- Zonos. US tariff updates — Section 122 surcharge expiry and the Section 301 replacement. View source
- ING Think. From IEEPA to Section 122 — tariff reset implications for Asia. View source
- Fibre2Fashion. US tariff update keeps pressure on apparel, cotton sourcing costs (14 August 2026) — many locations facing 10 or 12.5 percentage-point additions over MFN rates. View source
- Moneycontrol. Side-effects of the US Supreme Court ruling — India’s tariff edge over neighbours disappears. View source
- Reuters. Indian textile exporters turn to Europe and offer discounts to offset US tariffs (October 2025). View source
- Press Information Bureau, Ministry of Textiles. India’s textile and apparel exports USD 37.75 billion in FY25, up from USD 35.87 billion in FY24 (PRID 2234442). View source
- Press Information Bureau, Ministry of Textiles. Exports of textiles and apparel including handicrafts reached USD 37.8 billion in 2024-25 (PRID 2208051). View source
- Press Information Bureau, Ministry of Textiles. India’s textile exports and apparel’s 42% share of the export basket (PRID 2117470). View source
- Press Information Bureau, Ministry of Textiles. India’s share of global textile and apparel exports — factsheet. View source
- Apparel Export Promotion Council (AEPC). Export statistics — monthly ready-made garment and textile export data. View source
- Screen Print India. India’s RMG exports show mixed trend in January — AEPC seeks MSME policy support. View source
- Ministry of Textiles, Government of India. Textiles sector — official ministry portal and export policy. View source
- Skadden, Arps, Slate, Meagher & Flom. US trade court strikes down Section 122 tariffs — CIT ruling and the appeal to the Federal Circuit, May 2026. View source
- Gibson Dunn. Section 122 global tariffs invalidated by the Court of International Trade — ruling and next steps. View source
- Snell & Wilmer. More tariff refunds, not so fast — Section 122 tariffs expire by their own terms in July. View source
- Steptoe. Appellate court raises more uncertainty in Section 122 tariff litigation — the CIT denied a stay on 20 May 2026; the Federal Circuit granted a stay pending appeal on 11 June 2026. View source
- McGuireWoods (Subject to Inquiry). Federal Circuit stays injunctions against Section 122 balance-of-payments tariffs pending appeal (June 2026). View source
- Husch Blackwell. Section 301 forced labor tariffs challenged again — this time by 25 state attorneys general (August 2026). View source
- Office of the United States Trade Representative. USTR takes action in forced labor Section 301 investigations — tariffs on 60 economies at 10 or 12.5 per cent (23 July 2026). View source