USTR Issues Section 301 Determination Against Brazil and Proposes New Tariffs

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Jun. 2, 2026
By: Ashley J. Bodden

On June 1, 2026, the Office of the United States Trade Representative (USTR) announced the results of its Section 301 investigation into Brazil’s trade acts, policies and practices. USTR determined that several oof Brazil’s acts are “unreasonable and burden or restrict” U.S. commerce, paving a way for the imposition of additional duties on Brazilian imports.

This determination follows a Section 301 investigation initiated by President Trump in July 2025. The investigation examined a range of Brazilian policies related to digital trade and electronic payment services; unfair, preferential tariffs; anti-corruption enforcement; intellectual property protection; ethanol market access; and illegal deforestation.

As a remedy, USTR has proposed an additional 25 percent tariff on broad range of imports from Brazil. The proposal is subject to public notice and comment procedures before implementation. USTR has indicated that the tariff action could take effect on July 15, 2026.

Written comments are due by July 1, 2026.

USTR will hold a hearing about the proposed action on July 6, 2026.

The proposed tariff contains exclusions for certain products, such as but not limited to, beef; coffee; certain rare earth material and metals; energy products; aircrafts and aircraft parts; and agricultural, chemical, and fertilizer products. The proposed actions also does not cover informational materials, donations, accompanied baggage, and all articles and parts of articles that are subject to section 232 tariffs.

Importers sourcing products from Brazil should closely evaluate whether their products fall within any forthcoming tariff lists and whether available exclusions may apply. In addition, importers should strongly consider commenting on the proposed action.

For more on Section 301 and how your product may be impacted, please reach out to any Barnes, Richardson & Colburn attorney.