Industrial Policy & Trade Monitor· 2665 actions· ✨ 90 recent

On 4 June 2026 USTR published a formal Notice of Determination in the Federal Register (doc 2026-11158, docket USTR-2025-0043) concluding that Brazil's acts, policies, and practices in six areas — digital trade and electronic payment services, unfair preferential tariffs, anti-corruption enforcement, IP protection, ethanol market access, and illegal deforestation — are unreasonable and burden US commerce. Simultaneously, USTR proposed a 25% ad valorem tariff on all Brazilian-origin goods, subject to ~1,600 HTS subheading exclusions including approximately 430 civil-aircraft lines. A public hearing is scheduled for 6 July 2026 and USTR faces a statutory deadline of 15 July 2026 to finalise any responsive action; the tariff has not yet taken effect.

Japan Bank for International Cooperation (JBIC), Japan's state export-credit and outbound-investment finance institution, signed a credit line agreement on 2025-11-12 providing USD 360 million of a USD 600 million total facility to Petróleo Brasileiro S.A. (Petrobras), Brazil's state-controlled oil company. The credit line, extended under JBIC's GREEN Operations framework, is earmarked to fund decarbonization, energy-transition, and environmental projects implemented by Petrobras or its subsidiaries in Brazil, including alignment with the Initiative for Sustainable Fuel and Mobility (ISFM), a Japan-Brazil biofuels/mobility-technology programme, and Brazil's 2050 net-zero target. The agreement was signed during COP30 in Belém, Brazil.

President Trump signed Executive Order 14323, "Addressing Threats to the United States by the Government of Brazil," on 30 July 2025 (published in the Federal Register on 5 August 2025 as FR doc 2025-14896). Invoking IEEPA and the National Emergencies Act, the order declared a country- specific national emergency citing "policies, practices, and actions" of the Lula government — including the criminal prosecution of former president Jair Bolsonaro, asserted infringement of the free-expression rights of US persons via DSA-style platform-content rules, and retaliatory measures targeting US digital firms — as constituting an "unusual and extraordinary threat" to US national security, foreign policy, and economy. The EO imposed a 40% additional ad valorem duty on Brazilian-origin goods effective for entries on or after 12:01 a.m. EDT on 6 August 2025; stacked on top of the 10% baseline reciprocal rate from EO 14257/14326, the cumulative rate reached 50% for non- exempt goods. Annex I exempted civil aircraft and parts, orange juice, certain machinery, certain metals, and energy/energy products. The EO was amended on 20 November 2025 (effective for entries on or after 13 November 2025) to exempt 238+ HTSUS codes for agricultural products (beef, tropical produce, nuts, coffee, cocoa, cassava derivatives, etc.) following initial Trump-Lula bilateral negotiations on 6 October 2025. The IEEPA-tariff component was terminated by EO of 20 February 2026 ("Ending Certain Tariff Actions") within hours of the SCOTUS 6-3 ruling in *Learning Resources, Inc. v. Trump* holding that IEEPA does not authorize the imposition of tariffs.

On 15 July 2025 USTR Ambassador Jamieson Greer initiated a Section 301 investigation into six categories of Brazilian "acts, policies, and practices" alleged to be unreasonable or discriminatory and to burden US commerce: (1) digital trade and electronic payment services (specifically the Banco Central do Brasil's operation of the Pix instant-payments system, alleged to disadvantage US payment providers); (2) unfair, preferential tariffs (Brazil's preferential tariff treatment for selected partners that excludes US exports); (3) anti-corruption enforcement (alleged interference with US-linked enforcement matters); (4) intellectual property protection (insufficient enforcement against piracy and counterfeiting); (5) ethanol market access (Brazil's reversal of near-zero ethanol tariffs imposed during the 2017-2024 window); and (6) illegal deforestation (the trade-distorting effect of unenforced environmental rules on Brazilian commodity exports). The Federal Register notice (USTR-2025-0043, FR doc 2025-13498) published on 18 July 2025 set written-comment and hearing-request deadlines for 18 August 2025 and a public hearing for 3 September 2025 at the US International Trade Commission. A determination on whether Brazil's practices are actionable, and what remedies (including retaliatory tariffs, withdrawal of trade concessions, or formal WTO action) USTR will pursue, is statutorily due within 12 months of initiation — i.e. by 15 July 2026.