On July 30th, President Trump formally announced the Executive Order increasing the overall reciprocal tariff rate on the Republic of Brazil from 10% to 50% as previously signaled in a Truth Social post on July 9th, 2025. The reciprocal tariffs for Brazil are distinctive for the fact that they comprise two stacking tariffs; a 10% reciprocal tariff and a 40% reciprocal tariff. The start date for the 40% tariff increase is set as August 6th, 2025, 7 days after the publication date of the executive order, however there is an exemption for goods that were loaded onto a vessel and in transit prior to August 6th, 2025 and clear Customs before October 5th, 2025.

Brazil has not yet announced retaliatory tariffs to the Executive Order reciprocal tariffs however they have an effective option in Law No 15,122 that was signed on April 14, 2025 by Brazilian President Lula da Silva. This law allows reciprocal countermeasures to be assessed in response to unilateral tariff measures implemented by other countries. These countermeasures are not limited to tariff increases but also include suspending the observance of copyright and other intellectual property rights.

This new law carries significant weight in light of previous US-Brazil trade disagreements. In 2004 Brazil filed a complaint with the WTO over U.S. programs and price supports for cotton exporters. The WTO found in favor of Brazil and in 2010 under WTO rules, allowed for cross retaliation against the U.S. in the areas of patents on pharmaceuticals, chemicals and biotechnology as well as copyrights on music and television.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of John Brew John Brew

John Brew is the former chair of Crowell & Moring’s International Trade Group and a partner in the firm’s Washington, D.C. office.

John has extensive experience in import and export trade regulation, collaborating with corporations, trade associations, foreign governments, and nongovernmental organizations on…

John Brew is the former chair of Crowell & Moring’s International Trade Group and a partner in the firm’s Washington, D.C. office.

John has extensive experience in import and export trade regulation, collaborating with corporations, trade associations, foreign governments, and nongovernmental organizations on customs administration, enforcement, compliance litigation, legislation, and policy matters. He represents clients in proceedings at the administrative and judicial levels as well as before Congress and the international bureaucracies that handle customs and trade matters. John advises clients on all substantive import regulatory issues handled by U.S. Customs and Border Protection and Immigration and Customs Enforcement, such as classification, valuation, origin, marking, tariff preference programs, other agency regulations, admissibility, customs brokerage, Section 321, drawback, foreign trade zones, duty recovery programs, import restrictions, quotas, audits, prior disclosures, penalties, investigations, Customs Trade Partnership Against Terrorism and trade compliance programs, importations under bond, the Jones Act, and vessel repairs.

Photo of Brett Everett Brett Everett

Brett Everett is a senior international trade specialist II in Crowell & Moring’s Los Angeles office. He has over ten years of experience as a Licensed Customs Broker with a primary focus on trade with Asia. He has experience with client inquiries into

Brett Everett is a senior international trade specialist II in Crowell & Moring’s Los Angeles office. He has over ten years of experience as a Licensed Customs Broker with a primary focus on trade with Asia. He has experience with client inquiries into the classification of merchandise under the Harmonized Tariff Schedule of the United States, antidumping/countervailing orders and circumvention, Section 232, and Section 301 matters. Brett has developed compliance and audit programs and has experience with Post Entry Correction filings, protests, and other filings with U.S. Customs and Border Protection (CBP).

He supports clients with import regulatory matters pending primarily before CBP in all areas of import regulatory compliance, customs valuation, country of origin and marking, trade preference programs and free trade agreements, and CBP inquiries (i.e., CF-28s and CF-29s).