World June 1, 2026 11:45 PM

USTR Proposes 25% Tariff on Broad Set of Brazilian Imports After Section 301 Probe

New duties target digital trade, payments, ethanol access and deforestation concerns while excluding select commodities and parts

By Nina Shah

The Office of the United States Trade Representative has proposed a 25% punitive tariff on many Brazilian imports following a Section 301 investigation that found a range of unfair trade practices. The proposed duties, which carve out a number of specified items, are intended to address issues from digital trade and electronic payment services to intellectual property, preferential tariffs, ethanol market access and illegal deforestation. They would partially replace an earlier 50% tariff package that had included steeper measures and was struck down by the U.S. Supreme Court in February.

USTR Proposes 25% Tariff on Broad Set of Brazilian Imports After Section 301 Probe

Key Points

  • USTR proposes a 25% punitive tariff on many imports from Brazil following a Section 301 investigation into unfair trade practices.
  • The investigation identified concerns in digital trade, electronic payment services, preferential tariffs, intellectual property protection, ethanol market access and illegal deforestation; several items including beef, coffee, rare earths, other metals and aircraft parts are excluded from the proposal.
  • The new 25% tariffs would partially replace an earlier 50% tariff package imposed last year, which included a 40% component tied to the prosecution of former president Jair Bolsonaro; that earlier package was struck down by the U.S. Supreme Court in February, creating legal uncertainty that the current proposal seeks to address.

The Office of the United States Trade Representative (USTR) has put forward a proposal for a 25% punitive tariff on a wide array of imports from Brazil after concluding a Section 301 investigation into the country’s trade practices. The probe, launched last year under Section 301 of the Trade Act of 1974, found Brazil’s conduct to be unfair across several areas, including digital trade, electronic payment services, preferential tariff arrangements, protections for intellectual property, access for ethanol to U.S. markets and illegal deforestation.

The new duty schedule would apply to many Brazilian products but explicitly excludes several categories. Among the items listed as excluded are beef, coffee, rare earths, certain other metals and aircraft parts. The USTR released the investigation results together with the list of proposed duties and carve-outs.

These proposed 25% tariffs are designed to partially replace a previous set of duties that imposed a 50% tariff on many Brazilian goods. That earlier package, introduced last year, included a 40% component that was framed as punishment for Brazil’s prosecution of its former president, Jair Bolsonaro. The prior duties were nullified when the U.S. Supreme Court struck them down in February, creating a legal and policy gap that the current 25% proposal seeks to address.

The administration’s findings name multiple distinct areas of concern. Digital trade and electronic payment services were singled out alongside preferential tariff treatment and intellectual property protections. The report also identified ethanol market access and illegal deforestation as specific trade-related grievances. The USTR’s action frames the 25% tariff as a calibrated response across those domains.

Implementation of the new duties would depend on subsequent administrative steps. The proposal follows the statutory process that governs Section 301 investigations and remedies, and it reflects an attempt to recalibrate punitive measures after the Supreme Court decision earlier this year.


Sectoral implications - The measures touch on multiple parts of the economy, including digital services and payment providers, agricultural and biofuel markets related to ethanol, and trade in metals and aircraft components to the extent they are excluded or included by the final list.

Risks

  • Legal and procedural uncertainty given that an earlier 50% tariff package was struck down by the U.S. Supreme Court in February - this could affect enforceability and timelines for any new duties (impacts legal, trade and market planning).
  • Scope and carve-outs for specific items such as beef, coffee, rare earths, other metals and aircraft parts may limit the economic reach of the proposed tariffs and create uneven effects across sectors (impacts agriculture, metals and aerospace supply chains).
  • Uncertainty about implementation details and administrative next steps under Section 301 could affect participants in digital trade, electronic payment services and ethanol markets until the final measures are confirmed (impacts digital services, payment processors and biofuels sectors).

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