[Federal Register Volume 91, Number 137 (Monday, July 20, 2026)]
[Presidential Documents]
[Pages 45619-45635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-14654]
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Vol. 91
Monday,
No. 137
July 20, 2026
Part V
The President
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Memorandum of July 15, 2026--Action by the United States in the
Investigation Under Section 301 of the Trade Act of 1974 of Brazil's
Acts, Policies, and Practices Related to Digital Trade and Electronic
Payment Services; Unfair, Preferential Tariffs; Anti-Corruption
Enforcement; Intellectual Property Protection; Ethanol Market Access;
and Illegal Deforestation
Presidential Documents
Federal Register / Vol. 91 , No. 137 / Monday, July 20, 2026 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
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Memorandum of July 15, 2026
Action by the United States in the Investigation
Under Section 301 of the Trade Act of 1974 of Brazil's
Acts, Policies, and Practices Related to Digital Trade
and Electronic Payment Services; Unfair, Preferential
Tariffs; Anti-Corruption Enforcement; Intellectual
Property Protection; Ethanol Market Access; and Illegal
Deforestation
Memorandum for the United States Trade Representative
At my specific direction, on July 15, 2025, the United
States Trade Representative (Trade Representative)
initiated an investigation under section 301 of the
Trade Act of 1974, as amended (19 U.S.C. 2411) (section
301), into Brazil's acts, policies, and practices
related to digital trade and electronic payment
services; unfair, preferential tariffs; anti-corruption
enforcement; intellectual property protection; ethanol
market access; and illegal deforestation.
On June 1, 2026, the Trade Representative determined
that certain of Brazil's acts, policies, and practices
in these issue areas are unreasonable or discriminatory
and burden or restrict United States commerce and thus
are actionable under section 301(b)(1) (19 U.S.C.
2411(b)(1)). The Trade Representative has further
advised me that he has continued to consult with the
Government of Brazil to obtain the elimination of these
acts, policies, and practices, but those consultations
have not satisfactorily resolved United States
concerns.
As a result of his determination, the Trade
Representative proposed to determine that action is
appropriate, including applying tariffs of 25 percent
on all goods of Brazil, with exemptions for certain
goods. The Office of the United States Trade
Representative (USTR) invited comments by interested
persons on this proposed action and convened a public
hearing on July 6 and 7, 2026. USTR received over 360
written comments, and 77 witnesses testified at the
hearing.
The Trade Representative has informed me of the
substance of significant comments on the proposed
action and advised me that after considering the
comments and testimony received, the products
identified in the Annex to this memorandum warrant
exemption from tariffs imposed in connection with this
action, as they are (a) raw materials that if subject
to these tariffs could lead to the unavailability of
domestic supply; (b) products that could cause economy-
wide disruptions if subject to these tariffs; (c)
products that cannot be grown or produced in sufficient
quantities or at reasonable prices in the United States
or obtained from other sources; or (d) articles for
which these tariffs may not contribute substantially to
the elimination of the acts, policies, and practices of
Brazil found to be actionable in the investigation
described above.
After considering and taking account of this
information and advice; the information, findings, and
determinations in USTR's Notice of Determination (2026-
1158; 91 FR 33854); the need to obtain the elimination
of the acts, policies, and practices of Brazil found to
be actionable; and other pertinent information, it is
hereby directed as follows:
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Section 1. Tariffs and Exemptions. (a) The Trade
Representative shall impose a tariff of 25 percent on
all goods of Brazil, with exemptions for certain goods
as discussed in subsection (b) of this section.
(b) The Trade Representative shall exempt from the
tariff directed in subsection (a) of this section the
products identified in the Annex to this memorandum. I
determine that each of these products constitutes (a)
raw materials that if subject to these tariffs could
lead to the unavailability of domestic supply; (b)
products that could cause economy-wide disruptions if
subject to these tariffs; (c) products that cannot be
grown or produced in sufficient quantities or at
reasonable prices in the United States or obtained from
other sources; or (d) articles for which these tariffs
may not materially contribute to the elimination of the
acts, policies, and practices of Brazil found to be
actionable in the investigation described above. After
weighing the relevant considerations, including
potential economic harm and efficacy of tariffs, I
determine that the products identified in the Annex to
this memorandum shall be exempted from the tariff
directed in subsection (a) of this section, and the
Trade Representative shall direct that the Harmonized
Tariff Schedule of the United States be modified as
provided in the Annex to this memorandum.
(c) In my judgment, the tariff of 25 percent on all
goods of Brazil, with the exemptions for certain goods
as discussed in subsection (b) of this section, is
appropriate and feasible to obtain the elimination of
the acts, policies, and practices of Brazil found to be
actionable under section 301. I determine that
alternatives to the action directed in this memorandum,
such as a lower tariff rate, negotiation without the
imposition of tariffs, and action under other statutory
authority without action under section 301, would be
less effective and less preferable than the action
directed in this memorandum. In my judgment, the
specific direction in this memorandum is consistent
with the purposes of section 301.
Sec. 2. General Provisions. (a) Nothing in this
memorandum shall be construed to impair or otherwise
affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented
consistent with applicable law and subject to the
availability of appropriations.
(c) This memorandum is not intended to, and does
not, create any right or benefit, substantive or
procedural, enforceable at law or in equity by any
party against the United States, its departments,
agencies, or entities, its officers, employees, or
agents, or any other person.
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Sec. 3. Publication. The Trade Representative is
authorized and directed to publish this memorandum in
the Federal Register.
(Presidential Sig.)
THE WHITE HOUSE,
Washington, July 15, 2026
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[FR Doc. 2026-14654
Filed 7-17-26; 11:15 am]
Billing code 7020-02-C