Modifying the Scope of Tariffs on the Government of Brazil
This Presidential Action modifies the scope of the additional 40 percent *ad valorem* duty rate previously imposed on certain articles from Brazil under Executive Order 14323 by exempting specific agricultural imports.
The decision reflects progress made during ongoing negotiations between the U.S. and the Government of Brazil concerning the national emergency declared in the prior order.
The action directs the Department of State to continue monitoring the situation and formally amends the tariff schedule effective for goods entered on or after November 13, 2025.
Arguments For
The action demonstrates responsiveness to ongoing diplomatic efforts, as evidenced by the recent negotiations with President Lula da Silva, suggesting that engagement can lead to adjustments in policy.
Exempting certain agricultural imports aligns with feedback from officials monitoring the emergency, suggesting a targeted approach that eases burdens where initial progress is noted.
The order maintains the authority granted by IEEPA and the National Emergencies Act while updating the specific trade measures, providing operational flexibility while retaining the framework for addressing the initial national security threat.
Modifying the tariff scope allows for the immediate suspension of duties on specific goods starting November 13, 2025, providing economic relief pending further negotiation outcomes.
Arguments Against
Relying on ongoing, evolving negotiations as the basis for modifying established sanctions or tariffs creates uncertainty for international trade partners and domestic importers who rely on consistent policy.
The initial declaration of an 'unusual and extraordinary threat' is contradicted by the immediate decision to exempt certain agricultural products, potentially weakening the perceived severity of the original finding.
The structure delegates significant implementation and monitoring authority to the Secretary of State and various other officials, leading to a potentially fragmented execution of the tariff policy.
Issuing an updated Annex I modifying a previous Executive Order through a less formal mechanism (this action) rather than a full superseding Executive Order, could create ambiguity regarding the authoritative legal text governing the trade restrictions.
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.), section 604 of the Trade Act of 1974, as amended (19 U.S.C. 2483), and section 301 of title 3, United States Code, I hereby order:
The President invokes constitutional authority and several specific laws, notably the International Emergency Economic Powers Act (IEEPA) and the National Emergencies Act, to issue this order.
These legal bases grant the executive branch broad power to regulate international trade during declared national emergencies.
Section 1. Background. In Executive Order 14323 of July 30, 2025 (Addressing Threats to the United States by the Government of Brazil), I found that the scope and gravity of recent policies, practices, and actions of the Government of Brazil constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States that has its source in whole or substantial part outside the United States. I declared a national emergency with respect to that threat and, to deal with that threat, I determined that it was necessary and appropriate to impose an additional ad valorem duty rate of 40 percent on certain articles of Brazil. Additionally, in Annex I to Executive Order 14323, I listed certain articles that, in my judgment, should not be subject to the additional ad valorem rate of duty imposed pursuant to that order.
This section establishes the context by referencing a prior order, Executive Order 14323 from July 30, 2025, which declared a national emergency due to threats from Brazil.
That order imposed a 40 percent additional duty (tariff) on certain Brazilian goods, though it also established an initial list (Annex I) of items exempt from that duty.
On October 6, 2025, I participated in a call with Brazilian President Luiz Inácio Lula da Silva, during which we agreed to begin negotiations to address the concerns identified in Executive Order 14323. These negotiations are ongoing. I also have received additional information and recommendations from various officials who, pursuant to my direction, have been monitoring the circumstances involving the emergency declared in Executive Order 14323. For example, in their opinion, certain agricultural imports from Brazil should no longer be subject to the additional ad valorem rate of duty imposed under Executive Order 14323 because, among other relevant considerations, there has been initial progress in negotiations with the Government of Brazil.
The President notes a diplomatic engagement on October 6, 2025, with the Brazilian President, leading to the start of negotiations to resolve the issues cited in the initial order.
Based on monitoring and official recommendations highlighting initial negotiation progress, the President received input suggesting the removal of the tariff on certain Brazilian agricultural imports.
After considering the information and recommendations these officials have provided to me and the status of negotiations with the Government of Brazil, among other things, I have determined that it is necessary and appropriate to modify the scope of products subject to the additional ad valorem rate of duty imposed under Executive Order 14323. Specifically, I have determined that certain agricultural products shall not be subject to the additional ad valorem rate of duty imposed under Executive Order 14323. Accordingly, an updated version of Annex I to Executive Order 14323 is attached to this order, which shall be effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on November 13, 2025. In my judgment, these modifications are necessary and appropriate to deal with the national emergency declared in Executive Order 14323.
Considering all factors, the President determined it is necessary to change which products face the additional tariff from Executive Order 14323.
This order specifies that certain agricultural items will now be exempt, and an updated Annex I is attached to detail these changes.
These specific modifications apply to goods entering the U.S. on or after 12:01 a.m.
EST on November 13, 2025.
Sec. 2. Tariff Modifications. The Harmonized Tariff Schedule of the United States shall be modified as provided in Annex II to this order. The modifications shall be effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on November 13, 2025. To the extent that implementation of this order requires a refund of duties collected, refunds shall be processed pursuant to applicable law and the standard procedures of U.S. Customs and Border Protection for such refunds.
Section 2 officially directs changes to the Harmonized Tariff Schedule of the United States as detailed in Annex II of this order, mirroring the effective date of November 13, 2025.
If importers paid duties that are now rescinded by this order, U.S. Customs and Border Protection must process the necessary refunds according to existing legal and standard procedures.
Sec. 3. Implementation. (a) The Secretary of State shall continue to monitor the circumstances involving the emergency declared in Executive Order 14323 and shall regularly consult on such circumstances with any senior official he deems appropriate. The Secretary of State shall inform me of any circumstance that, in his opinion, might indicate the need for further action by the President.
Subsection (a) tasks the Secretary of State with continuing to monitor the emergency situation declared under the previous order and consulting with relevant personnel.
The Secretary of State must report back if any development suggests that the President needs to take further action regarding the emergency.
(b) The Secretary of State, in consultation with the Secretary of the Treasury, the Secretary of Commerce, the Secretary of Homeland Security, the United States Trade Representative, the Assistant to the President for National Security Affairs, the Assistant to the President for Economic Policy, the Senior Counselor for Trade and Manufacturing, and the Chair of the United States International Trade Commission, is directed to take all necessary actions to implement and effectuate this order, consistent with applicable law, and is hereby authorized to employ all powers granted to the President by IEEPA as may be necessary to carry out the purposes of this order. The Secretary of State may, consistent with applicable law, redelegate the authority set forth in this order within the Department of State. Each executive department and agency shall take all appropriate measures within its authority to carry out this order.
Subsection (b) directs the Secretary of State, working with numerous high-level officials across economic, security, and trade sectors, to execute this order using all necessary powers under IEEPA. The Secretary of State can delegate this implementation authority within the State Department, and all executive departments and agencies must take appropriate action to ensure the order is followed.
Sec. 4. Severability. If any provision of this order, or the application of any provision to any individual or circumstance, is held to be invalid, the remainder of this order and the application of its other provisions to any other individuals or circumstances shall not be affected thereby.
This section addresses severability, meaning if a judge rules one part of the order to be illegal or invalid, the rest of the order remains in full legal effect against all other individuals and circumstances to which it applies.
Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, 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 order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order 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.
(d) The costs for publication of this order shall be borne by the Department of State.
Section 5 contains standard clauses affirming that the order does not override existing statutory authority within executive departments or the budget review functions of the OMB Director.
It also mandates that the order be implemented lawfully and depends on available funding.
Furthermore, it states that the order does not grant any new enforceable legal rights to any private party against the U.S. government, and the Department of State will cover publication costs.
DONALD J. TRUMP
THE WHITE HOUSE,
November 20, 2025.
This concludes the order, indicating it was signed by President Donald J. Trump at the White House on November 20, 2025.
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