The Office of the U.S. Trade Representative has issued a notice that will impose a new Section 301 tariff of 25 percent on imports from Brazil. This tariff will be effective with respect to goods entered or withdrawn from warehouse for consumption on or after 12:01 am EDT on July 22, except for goods that (1) were loaded onto a vessel at the port of loading and in transit on the final mode of transit prior to entry into the U.S. before that time and (2) are entered or withdrawn from warehouse for consumption before 12:01 a.m. eastern time on July 29.
A USTR press release said this action follows a determination that “certain Brazilian measures related to digital trade and electronic payment services; unfair, preferential tariffs; anti-corruption interference; intellectual property protection; ethanol market access; and illegal deforestation are unreasonable and burden or restrict the commerce of American farmers, workers, innovators, and exporters.”
The new tariff will apply to all goods of Brazil except hundreds of products identified in the two annexes to the notice, which USTR said are (1) raw materials that, if subject to this tariff, could lead to the unavailability of domestic supply, (2) products that could cause economy-wide disruptions if subject to this tariff, (3) products that cannot be grown or produced in sufficient quantities or at reasonable prices in the U.S. or obtained from other sources, or (4) articles for which this tariff may not contribute substantially to the elimination of the acts, policies, and practices of Brazil determined to be actionable.
USTR said these exemptions include all products proposed for exemption except high-purity dissolving pulp and the non-pharmaceutical applications of certain chemicals and chemical products. This includes informational materials, donations, accompanied baggage, and all articles and parts of articles subject to Section 232 tariffs.
USTR is also exempting additional products beyond those proposed, including aluminum hydroxide; antiques, collectibles, and art; ash containing precious metals or precious metal compounds; certain animal hides, fur skins, and leather; certain seafood products; certain additional pharmaceuticals and pharmaceutical ingredients; certain wood products; iron and steel waste and scrap; organic honey; pig iron; unflavored instant coffee; and used clothing.
Imports from Brazil subject to the new tariff will also continue to be subject to applicable antidumping and countervailing duties. In addition, this tariff will apparently be stacked onto any tariff imposed on Brazil in USTR’s Section 301 forced labor proceeding (currently proposed at 12.5 percent).
For more information, please contact David Olave via email or by phone at (202) 730-4960.
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