Industrial Policy & Trade Monitor· 2663 actions· ✨ 89 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.

Brazil enacted Lei 15.506 of 16 September 2026 (in force on publication, Art. 51), establishing the Política Nacional de Minerais Críticos e Estratégicos (PNMCE) — Brazil's first standalone critical-minerals sovereignty framework — and the Conselho Nacional para Industrialização de Minerais Críticos e Estratégicos (CIMCE). The law originated as Bill PL 2780/2024, approved by the Chamber of Deputies on May 6-7, 2026 (one day before the Lula-Trump White House meeting) and then by the Senate. It authorises the Union to create the Fundo Garantidor da Atividade Mineral (FGAM) with up to R$2bn (Art. 9) to guarantee critical-mineral projects, and a tax credit of up to 20% of spend on critical-mineral processing, transformation and urban mining. The Chamber-approved text (CMCE committee with prior-approval rights over takeovers and foreign participation, FGAM up to R$5bn, 0.3% gross-revenue R&D levy) was amended before enactment; see the 2026-09-16 amendment.

On 21 February 2026 in New Delhi, during the State Visit of Brazilian President Luiz Inácio Lula da Silva, India and Brazil signed a Memorandum of Understanding on Cooperation in the Field of Critical Minerals between India's Ministry of Mines and Brazil's Ministry of Mines and Energy. The MoU establishes a bilateral framework spanning the entire critical-minerals value chain — exploration, mining, processing, recycling, and refining — with explicit focus on rare-earth elements, lithium, nickel, cobalt, niobium, manganese, and other strategic minerals. It was issued alongside a broader Joint Statement targeting USD 30 billion in bilateral trade by 2030 and a ten-year strategic-partnership roadmap covering AI, defence, energy, agriculture, and digital transformation.

President Trump signed Executive Order "Ending Certain Tariff Actions" on 20 February 2026 (Federal Register doc 2026-03832, published 25 February 2026), terminating the additional ad-valorem duties imposed under nine prior IEEPA-based executive orders. The order followed within hours of the US Supreme Court's 6-3 decision the same day in Learning Resources, Inc. v. Trump, 607 U.S. ___ (2026), holding that the International Emergency Economic Powers Act does not authorize the President to impose tariffs and vacating the Trump 2.0 IEEPA tariff regime. The EO directs CBP to cease collection "as soon as practicable"; CSMS guidance set the collection-end date at 12:00 a.m. eastern on 24 February 2026. The order explicitly preserves all underlying national-emergency declarations and all non-IEEPA trade actions — Section 232 of the Trade Expansion Act, Section 301 of the Trade Act, Section 122 of the Trade Act, and Section 201 — so the Section 232 cascade and the paired Section 122 10% temporary surcharge (effective 24 Feb 2026) remain in force. This is the first SCOTUS-driven repeal of a presidential tariff regime in the modern era and recalibrates the entire post-2024 US tariff architecture by removing IEEPA as a legal pillar.

President Trump signed a Presidential Proclamation on 20 February 2026 invoking Section 122 of the Trade Act of 1974 (19 U.S.C. § 2132) to impose a temporary 10% ad-valorem import surcharge on articles imported into the United States, effective 12:01 a.m. EST on 24 February 2026. The proclamation was issued within hours of the US Supreme Court's 20 February 2026 ruling in Learning Resources, Inc. v. Trump, which held that the International Emergency Economic Powers Act (IEEPA) does not authorize the president to set tariffs and vacated the IEEPA-based reciprocal-tariff regime previously in effect. The Section 122 surcharge is statutorily limited to 150 days (terminates 24 July 2026 absent Congressional extension) and the statute caps any such surcharge at 15% ad valorem. Goods qualifying as USMCA originating from Canada or Mexico are exempt; CAFTA-DR textile/apparel articles meeting specified rules of origin are exempt; and a substantial product-exception list excludes critical minerals, energy products, certain pharmaceuticals, electronics, vehicles, aerospace products, specified agricultural goods, and goods already subject to Section 232 duties (the Section 122 duty does not stack on Section 232).