USTR

USTR is imposing a 25% Section 301 tariff on certain Brazilian-origin goods following an investigation of Brazil’s unfair trade practices.

USTR has finalized a Section 301 action imposing an additional 25% tariff on unspecified “certain goods of Brazil” in response to Brazil’s unreasonable acts and policies affecting U.S. commerce. The notice does not list specific products or HTS codes in this summary; details are in the referenced Federal Register notice. Importers of Brazilian-origin goods must review the FR notice to identify covered products, applicable Chapter 99 provisions, effective dates, and adjust classifications, duty calculations, and sourcing accordingly.


1. What changed

The U.S. Trade Representative has taken final action under Section 301 of the Trade Act of 1974 to impose an additional 25% ad valorem tariff on certain goods of Brazil. This action follows a completed Section 301 investigation into Brazil’s acts, policies, and practices related to:

  • Digital trade and electronic payment services
  • Unfair, preferential tariffs
  • Anti-corruption enforcement
  • Intellectual property protection
  • Ethanol market access
  • Illegal deforestation

The announcement states that a Federal Register notice has been issued, which contains the operative details of the action (including product coverage, HTS provisions, and effective dates).

2. Affected products

The USTR announcement describes the measure as a 25% tariff on “certain goods of Brazil” but does not specify:

  • The exact product descriptions
  • The HTS subheadings or Chapter 99 numbers
  • Any exclusions or carve-outs

Therefore, the specific affected products and HTS codes must be obtained directly from the referenced Federal Register notice. Until that notice is reviewed, importers cannot assume which Brazilian-origin products are covered.

3. Rate changes

  • Measure: Additional Section 301 duty
  • Rate: 25% ad valorem
  • Scope: Certain goods of Brazil (as defined in the Federal Register notice)
  • Baseline: This 25% is in addition to any normal trade relations (Column 1) duty rate, plus any other applicable duties, fees, or trade remedies (e.g., ADD/CVD, Section 232), if relevant.

The announcement does not provide:

  • Previous specific duty rates for the affected lines
  • Any tiered or phased rates

4. Dates

The announcement provides the investigation timeline but does not explicitly state the effective date of the new tariffs in the text provided. Key dates mentioned:

  • July 15, 2025: Section 301 investigation initiated under Section 302(b)(1)(A) of the Trade Act.
  • April 15–16, 2026: Consultations with the Government of Brazil held.
  • September 3, 2025: Public hearing on the investigation.
  • June 1, 2026: Trade Representative determined certain Brazilian acts/policies are unreasonable and actionable under Section 301(b).
  • July 1, 2026: Deadline for public comments on proposed responsive action.
  • July 6–7 (year implied as 2026): Public hearing on proposed responsive action.

The effective date and any staged implementation or sunset/expiration are not stated in this summary and must be confirmed in the Federal Register notice.

5. Required actions for importers, brokers, and compliance teams

Because the announcement confirms that a final Section 301 action has been taken, but does not list the specific HTS coverage or effective date, compliance actions should focus on obtaining and implementing the details from the Federal Register notice:

a) Identify covered products

  • Immediately obtain and review the Federal Register notice referenced in the announcement ("To view the Federal Register Notice, click here" / "A copy of the Federal Register Notice is available here").
  • Extract:
  • The list of affected HTS subheadings (8- or 10-digit level) for Brazilian-origin goods.
  • Any associated Chapter 99 HTS numbers that must be reported to claim/pay the Section 301 duty.
  • Any product-specific descriptions, notes, or carve-outs.

b) Update classification and entry processes

  • For all imports of Brazilian-origin goods, screen current and upcoming HTS classifications against the FR list.
  • Update broker instructions and internal classification databases to:
  • Add the applicable Chapter 99 Section 301 tariff numbers to affected entries.
  • Ensure the additional 25% duty is calculated and paid on the customs value.
  • Coordinate with customs brokers to ensure they are aware of the new Section 301 action on Brazil and are using the correct HTS/Chapter 99 combinations once identified.

c) Review contracts, pricing, and sourcing

  • Assess the financial impact of an additional 25% duty on affected Brazilian-origin products.
  • Review purchase contracts and Incoterms to determine who bears the additional duty cost (importer vs. supplier).
  • Consider alternative sourcing options outside Brazil for heavily impacted products, where commercially feasible.

d) Evaluate mitigation options

  • Check whether any exclusions, exemptions, or product-specific relief mechanisms are provided in the FR notice.
  • Monitor USTR communications for any future exclusion processes or modifications to the Brazil Section 301 action.

e) Compliance controls and documentation

  • Maintain documentation of origin (to confirm whether goods are of Brazil and thus subject to the measure).
  • Ensure internal systems can distinguish Brazilian-origin goods from similar products sourced from other countries.
  • Train relevant staff (trade compliance, procurement, logistics) on the new Section 301 measure and its impact on Brazilian-origin imports.

6. References

The announcement references a Federal Register notice as the primary legal and operational source for this action. While the exact URL is not provided in the text, importers should:

  • Search the Federal Register (https://www.federalregister.gov) for:
  • "Section 301 Brazil" and
  • "USTR" and
  • approximate dates around the announcement
  • Or check USTR’s Section 301 page for Brazil-related actions:
  • https://ustr.gov

Key documents to obtain and retain:

  • Federal Register notice announcing the final Section 301 action on Brazil (including annexes listing HTS codes and any Chapter 99 provisions).
  • Any USTR fact sheets or FAQs summarizing the Brazil Section 301 tariffs.

7. HTS metadata

The provided announcement does not list any specific HTS headings, subheadings, or Chapter 99 numbers. As a result:

  • No explicit HTS codes can be reported from this text.
  • All HTS metadata must be sourced from the Federal Register notice and related annexes.

8. Practical next steps checklist

  • Obtain the Federal Register notice referenced in the USTR announcement.
  • Extract and circulate internally the list of:
  • Affected HTS codes for Brazilian-origin goods.
  • Applicable Chapter 99 Section 301 tariff numbers.
  • Effective date(s) and any phase-in details.
  • Run a data pull of all imports from Brazil over the last 12–24 months and map them to the affected HTS codes to quantify exposure.
  • Update ERP, trade compliance, and broker instruction files to ensure correct duty calculation and reporting from the effective date.
  • Communicate with suppliers and internal stakeholders (finance, procurement, sales) about the 25% additional duty and its cost implications.
  • Monitor USTR and Federal Register for any subsequent modifications, exclusions, or clarifications to the Brazil Section 301 action.

Note: Because the announcement does not include the operative HTS list or effective date, no entries should be adjusted solely on the basis of this summary. All operational changes must be based on the specific language and annexes in the Federal Register notice implementing the Section 301 tariffs on Brazilian-origin goods.

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