“Modifying the Scope of Tariffs on the Government of Brazil”
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“Modifying the Scope of Tariffs on the Government of Brazil”
This executive order adjusts the 40% extra tariffs that Trump imposed on certain Brazilian imports in Executive Order 14323 (July 30, 2025), specifically removing some agricultural products from that penalty rate, while keeping the broader Brazil-related emergency and tariff framework in place.
In EO 14323, Trump:
- Declared a national emergency over Brazil’s policies and actions, calling them an “unusual and extraordinary threat” to U.S. national security, foreign policy, and the economy.
- Imposed an additional 40% ad valorem duty on selected Brazilian products.
- Listed exempt products in Annex I to that order.
Since then:
- Trump held an October 6, 2025 call with President Lula, agreeing to begin negotiations to address U.S. concerns.
- U.S. officials monitoring the situation recommended that some agricultural imports from Brazil no longer need to face the extra 40% tariff, citing initial progress in negotiations.
Trump concludes it is “necessary and appropriate” to:
- Narrow the scope of products subject to the extra 40% duty.
- Remove certain agricultural products from the additional tariff.
- Put these changes into effect for goods entered or withdrawn for consumption on or after 12:01 a.m. EST, November 13, 2025, through an updated Annex I.
- The Harmonized Tariff Schedule of the United States is formally modified as laid out in Annex II to the order.
- The same effective date applies: November 13, 2025, 12:01 a.m. EST.
- If the change means some duties were over-collected, refunds are to be issued under standard CBP procedures and applicable law.
Secretary of State:
- Must keep monitoring the Brazil-related emergency and consult with other senior officials.
- Must notify the President if circumstances suggest a need for further action.
Implementation is coordinated among:
- Secretary of State
- Treasury, Commerce, Homeland Security
- U.S. Trade Representative
- National Security and Economic Policy advisers
- Senior Counselor for Trade and Manufacturing
- Chair of the U.S. International Trade Commission
The Secretary of State is authorized to use all powers granted to the President under IEEPA, as needed, and may redelegate authority within State.
All departments and agencies must take appropriate measures within their authority to carry out the order.
- Severability: If any part is ruled invalid, the rest remains in effect.
- The order:
Bottom line:
Trump keeps the Brazil national emergency and the 40% punitive tariff structure in place, but loosens it specifically for some Brazilian agricultural products as a goodwill move tied to ongoing negotiations with the Lula government, while preserving broad authority to tighten or adjust measures again if needed.
1. Background and Reason for the Change2. Tariff Schedule Changes3. Implementation and Oversight4. Legal Boilerplate