(Office of U.S. Trade Representative) Today (July 15, 2025), the Office of the United States Trade Representative initiated an investigation of Brazil under Section 301 of the Trade Act of 1974. The investigation will seek to determine whether acts, policies, and practices of the Government of Brazil 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 or discriminatory and burden or restrict U.S. commerce.
“At President Trump’s direction, I am launching a Section 301 investigation into Brazil’s attacks on American social media companies as well as other unfair trading practices that harm American companies, workers, farmers, and technology innovators,” said Ambassador Greer. “USTR has detailed Brazil’s unfair trade practices that restrict the ability of U.S. exporters to access its market for decades in the annual National Trade Estimate (NTE) Report. After consulting with other government agencies, cleared advisers, and Congress, I have determined that Brazil’s tariff and non-tariff barriers merit a thorough investigation, and potentially, responsive action."
Background
Section 301 of the Trade Act of 1974, as amended, (Trade Act) is designed to address unfair foreign practices affecting U.S. commerce. Section 301 may be used to respond to unjustifiable, unreasonable, or discriminatory foreign government practices that burden or restrict U.S. commerce. Under Section 302(b) of the Trade Act, the Trade Representative may self-initiate an investigation under Section 301.
A Section 301(b) investigation examines whether the acts, policies, or practices are unreasonable or discriminatory and burden or restrict U.S. commerce. Considering the specific direction of the President, and the advice of the inter-agency Section 301 Committee, the United States Trade Representative has initiated an investigation. The U.S. Trade Representative must seek consultations with the foreign government whose acts, policies, or practices are under investigation. USTR has requested consultations with Brazil in connection with the investigation. USTR will hold a hearing in connection with this investigation on September 3, 2025. To be assured of consideration, interested persons should submit written comments, requests to appear at the hearing, along with a summary of the testimony, by August 18, 2025. USTR will hold a hearing in connection with this investigation on September 3, 2025.
As set out in the Federal Register notice, the investigation relates to a number of trading practices, including:
- Digital trade and electronic payment services: Brazil may undermine the competitiveness of U.S. companies engaged in these sectors, for example, by retaliating against them for failing to censor political speech or restricting their ability to provide services in the country;
- Unfair, preferential tariffs: Brazil accords lower, preferential tariff rates to the exports of certain globally competitive trade partners, thereby disadvantaging U.S. exports;
- Anti-corruption enforcement: Brazil’s failure to enforce anti-corruption and transparency measures raises concerns in relation to norms relating to fighting bribery and corruption;
- Intellectual property protection: Brazil apparently denies adequate and effective protection and enforcement of intellectual property rights, harming American workers whose livelihoods are tied to America’s innovation- and creativity-driven sectors;
- Ethanol: Brazil has walked away from its willingness to provide virtually duty-free treatment for U.S. ethanol and instead now applies a substantially higher tariff on U.S. ethanol exports; and
- Illegal deforestation: Brazil appears to be failing to effectively enforce laws and regulations designed to stop illegal deforestation, thereby undermining the competitiveness of U.S. producers of timber and agricultural products.
A copy of the Federal Register Notice is available here.
A docket for comments regarding the investigation will be available here.
A docket for requests to appear at the public hearing to be held in connection with this investigation will be available here. READ MORE
Related articles
- US launches probe into Brazil's trade practices, digital payment services (Reuters)
- US launches probe into Brazil’s trade practices (CNN)
- Grassley frustrated with Brazil’s ethanol tariffs (Brownfield Ag News)
- Opinion: The nation needs new trade deals now (National Corn Growers Association/Agri-Pulse)
- Ethanol Blog: Trump Administration Launches Trade Investigation of Brazil Including Ethanol Tariff Against US Producers (DTN Progressive Farmer)
- Ethanol Industry Supports Trade Investigation of Brazil (Energy.AgWired.com)
- Trump targets Brazil ethanol market American firms helped fuel (Bloomberg)
- USTR opens investigation into Brazil’s unfair ethanol trade practices (Ethanol Producer Magazine)
- RFA Supports U.S. Investigation of ‘Punitive’ Brazil Trade Practices (Renewable Fuels Association)
- Brazil Pushes Back Against US Probe Into Its Trade Practices (Bloomberg)
- Ethanol stakeholders applaud USTR’s Brazil investigation, urge action on ethanol trade practices (Ethanol Producer Magazine)
- Ethanol Industry Supports Brazil Trade Investigation (Energy.AgWired.com)
- U.S. targets Brazil’s aviation biofuel program amid ethanol tensions: Ethanol remains an obsession for Trump and a political priority for Republicans (Valor International)
Excerpt from Reuters: Trump justified his 50% tariff from August 1, well above the rate of 10% initially proposed, with a demand for an end to the trial of former President Jair Bolsonaro for allegedly plotting a coup.
The high tariff for Brazil surprised many trade experts since its U.S. goods imports exceed its exports, and because Trump linked the rate so clearly to Bolsonaro's trial.
Brazil offered no immediate reaction to news of the U.S. investigation. On Monday, Vice President Geraldo Alckmin said it had yet to receive a response from Washington to an offer it made in trade talks two months ago.
During his first term, Trump used Section 301 of the Trade Act of 1974 to justify a spate of tariffs against China. It was also used to investigate other countries for digital services taxes on U.S. tech firms.
In a statement, USTR said Brazil disadvantaged U.S. firms by setting lower tariffs on exports of other trading partners and accused it of failing to battle corruption.
It added that Brazil also charged substantially higher tariffs on U.S. ethanol exports, and "appears to be failing" to enforce laws against illegal deforestation, which it said harmed the competitiveness of U.S. timber producers. READ MORE
Excerpt from CNN: The right-wing former president, who has boasted of his close ties with Trump, is currently on trial for allegedly attempting a coup to overturn Lula’s 2022 election victory.
In its investigation announcement, the USTR expressed concerns that Brazilian authorities could undermine the competitiveness of American digital companies by retaliating against them for failing to censor political speech or restricting their ability to operate in the country.
It also accused Brazil of disadvantaging American exports by offering lower tariffs to “certain globally competitive trade partners,” failing to protect American intellectual property rights, and backtracking from its earlier willingness to grant virtually duty-free access for US ethanol and imposing instead a “substantially higher tariff.”
Most countries targeted by Trump’s tariffs are those with which the US runs a trade deficit – meaning the US imports more goods from the nation than it exports to it.
But the US ran a $6.8 billion trade surplus with Brazil last year, and it has not had a trade deficit with the country for 18 years. READ MORE
Excerpt from Brownfield Ag News: U.S. Senator Chuck Grassley says he’s asking the Trump administration to address Brazil’s 18% tariff on ethanol imports.
“Brazil’s unfair tariffs have allowed the country to shelter its domestic ethanol industry from competition here in the United States. Brazil is trying to take global market share away from the United States by producing artificially cheap ethanol.”
The Iowa Republican says U.S. ethanol exports to Brazil have essentially dried up in recent years.
“The Biden administration failed to take clear action to address this problem. I’m hoping the Trump administration can utilize trade negotiations with Brazil to level the playing field and increase market access for US ethanol producers.”
In 2020, the Renewable Fuels Association asked the first Trump administration to consider imposing reciprocal tariffs against Brazil in hopes that it would convince them to remove the tariffs, or at least bring them back to the negotiating table. READ MORE
Excerpt from DTN Progressive Farmer: USTR is required to consult with the Brazilian government and has scheduled a hearing in connection with the investigation on Sept. 3, 2025. Written comments and requests to appear at the hearing, along with a summary of the testimony, are required to be submitted by Aug. 18, 2025.
"We applaud the Trump administration for this important action," RFA President and CEO Geoff Cooper said in a statement.
"For almost a decade now, we have spent precious time and resources fighting back against an unfair and unjustified tariff regime imposed by Brazil's government on U.S. ethanol imports. What's more ironic is that these tariff barriers have been erected against U.S. ethanol imports while our country has openly accepted -- and even encouraged and incentivized -- ethanol imports from Brazil."
The USTR's investigation is focusing on several fronts including digital trade and electronic payment services; "unfair, preferential" tariffs;
anti-corruption enforcement; intellectual property protection; and "illegal" deforestation that the USTR said is "undermining the competitiveness of U.S. producers" of timber and agricultural products.
In October 2023, Brazilian fuel importers formally requested a reduction in ethanol duties because the tariff reportedly raised fuel costs for domestic consumers.
In anticipation of an open comment period held by the Brazilian government, the three groups submitted joint comments:
"Considering this significant discrepancy in our historically productive commercial relationship between countries, we would like to stress that the U.S. industry will continue to advocate for restrictive measures to entry for Brazilian ethanol into the U.S. in the case that the Brazilian government does not rethink the current tariff policies," the groups said.
"Despite the promising opportunities emerging new ethanol export markets could bring to both countries, we stress that we are not willing to cooperate with Brazil in any possible partnerships, nor with technology transferring or within new uses for ethanol such as SAF (sustainable aviation fuel), in case the market is not completely open for free trade for ethanol. We strongly consider the permanent reinstatement of the duty-free access for ethanol as a window of opportunity to strengthen the bilateral agenda and stimulate trade cooperation between Brazil and the United States." READ MORE
Excerpt from Renewable Fuels Association: Brazil’s punitive ethanol tariff regime and restrictive regulations demonstrate that the country is clearly not committed to fair and reciprocal trade in ethanol, the Renewable Fuels Association said in comments sent Monday evening to the U.S. Trade Representative, which is investigating Brazil’s trade practices.
“Brazil’s tariff rates have no doubt had a demonstrable impact on U.S. ethanol exports,” wrote RFA President and CEO Geoff Cooper. “While Brazil was once the top export market for U.S. ethanol, the imposition of tariffs (without a duty-free quota) in recent years has essentially closed the market. To make matters worse, while U.S. ethanol faces a significant 18 percent import duty, Brazilian ethanol enters the U.S. market with just a 2.5 percent ad valorem duty, granting Brazilian producers preferential access and market competitiveness in America.”
As a result of Brazil’s volatile application of tariff rates in recent years, U.S. fuel ethanol exports to Brazil fell to zero in 2023 and just $43 million in 2024. In 2024, exports to Brazil accounted for just 1.3 percent of total U.S. ethanol exports, after accounting for approximately one-third of total U.S. exports as recently as 2018.
Click here for RFA’s full comments.
Excerpt from Ethanol Producer Magazine: Growth Energy, the National Corn Growers Association and Renewable Fuels Association on Aug. 18 submitted comments to the Office of the U.S. Trade Representative calling on the agency to take action against Brazil regarding its unfair ethanol trade practices.
USTR in July opened a Section 301 investigation into Brazil’s unfair trading practices, including those impacting ethanol market access. A Section 301 investigation can be used to respond to unjustifiable, unreasonable, or discriminatory foreign government practices that burden or restrict U.S. commerce.
In a Federal Register notice announcing the investigation, USTR explains that the U.S. suffers from higher tariffs on ethanol by Brazil and from imbalanced trade resulting from Brazil’s decision to abandon the reciprocal, virtually duty-free treatment that promoted the development of industries in both countries.
A public comment period on the investigation was open from July 17 through Aug. 18. USTR also plans to hold a public hearing in conjunction with the Brazil investigation on Sept. 3.
Growth energy and NCGA were among the organizations who submitted comments to USTR ahead of the Aug. 18 deadline.
“We appreciate the opportunity to provide input on ethanol market access challenges considering Brazil’s years-long effort to seek preferential treatment for their ethanol in the United States while limiting U.S. market access into Brazil through tariff and non-tariff measures,” said Chris Bliley, senior vice president of regulatory affairs at Growth Energy, in the comments. “We further appreciate the opportunity to highlight the unfair actions by Brazil, bilaterally and within international organizations, to artificially improve the standing of their ethanol vis-à-vis U.S. corn ethanol despite our historic price benefit and low-risk sustainable practices.”
According to Growth Energy, Brazil’s discriminatory policies against imported ethanol prevent American producers from participating in the country’s low carbon fuel policy (RenovaBio), and those rules have contributed to a bilateral U.S. ethanol trade deficit, which hit $150 million last year.
Bliley’s comments also delved into the history of the U.S.-Brazil ethanol trade relationship, noting that more than a decade ago, Brazil voiced its support for free trade between the two markets and actually removed a tariff on American ethanol in April 2010.
After securing similarly open treatment in the U.S., however, “Brazil executed a ‘bait and switch’ against U.S. ethanol: it actively sought U.S. removal of its ‘other duty and charge’ (ODC) by referencing their own tariff removal, and then—when that took place—they reinstated their tariff,” Bliley said. “Brazil took these actions to meet their own goals and serve the interests of their ethanol and agricultural industries. Brazil’s actions actively discriminate against U.S. ethanol, have demonstrably burdened U.S. ethanol, and have imposed economic barriers that restrict U.S. ethanol exports to Brazil.” As an example, Bliley noted that U.S. ethanol exports to Brazil were valued at just $53 million in 2024, a 95% decrease from their $1.1 billion peak in 2011.
Growth Energy also highlighted the questionable sustainability practices that Brazil is seeking to enshrine in international lifecycle modeling, while ignoring the environmental benefits of American corn ethanol.
In his comments, Illinois farmer and NCGA President Kenneth Hartman Jr. outlines clear evidence demonstrating that Brazil’s ethanol tariff and other actions are unreasonable, discriminatory and burden U.S. commerce.
“Brazil has enjoyed preferential market conditions while simultaneously erecting barriers that restrict and prevent access for American corn ethanol exporters,” Hartman said. “Brazil was once a top market for American ethanol exports, but their 18 percent tariff has eradicated this market.”
“Brazil is actively looking to unseat the historic and obvious success of the American corn industry by a series of trade actions that directly and indirectly harm U.S. corn growers,” he added.
According to NCGA, Brazil for many years has taken measures – both direct and indirect – to siphon market share for American ethanol exports and prevent U.S. access to the global synthetic aviation jet fuel market, which presents an enormous opportunity in the coming decade. Soon after Brazil imposed the ethanol tariff, U.S. ethanol exports to Brazil experienced a 93% decrease, dropping from $761 million in 2018 to only $53 million in 2024.
If the Section 301 investigation determines that a country’s actions are unreasonable or discriminatory, tariffs or other retaliatory measures can be applied.
The Renewable Fuels Association said Brazil’s punitive ethanol tariff regime and restrictive regulations demonstrate that the country is not committed to fair and reciprocal trade in ethanol. “Brazil’s tariff rates have no doubt had a demonstrable impact on U.S. ethanol exports,” Geoff Cooper, president and CEO of the RFA, in comments submitted to USTR. “While Brazil was once the top export market for U.S. ethanol, the imposition of tariffs (without a duty-free quota) in recent years has essentially closed the market. To make matters worse, while U.S. ethanol faces a significant 18 percent import duty, Brazilian ethanol enters the U.S. market with just a 2.5 percent ad valorem duty, granting Brazilian producers preferential access and market competitiveness in America.” READ MORE
Excerpt from Bloomberg:
- Brazil is rejecting Washington's allegations of unfair trade practices, describing the US Trade Representative's investigation as an illegitimate use of unilateral US trade law.
- Brazil's government says its policies are consistent with international trade rules and that the US has consistently run a trade surplus with Brazil, with American firms enjoying broad access to the Brazilian market.
- Brazil argues that the US tariffs are political in nature and not grounded in economic harm to American firms, and that unilateral measures under Section 301 risk undermining the multilateral trading system. READ MORE
Excerpt from Valor International: The Office of the United States Trade Representative (USTR) will hold a public hearing next Wednesday (September 3, 2025) at the U.S. International Trade Commission in Washington as part of its ongoing investigation into whether Brazil’s actions, policies, and practices are unjustifiable or discriminatory and burden or restrict U.S. commerce.
The Section 301 investigation—under which the U.S. can impose trade sanctions on foreign partners—may conclude within six months to a year, aligning with Brazil’s 2026 election calendar. In Brasília, government officials are convinced that tensions with the U.S. will persist through next year and could escalate further.
Some American business groups are using the investigation to increase pressure on Brazil. The American Iron and Steel Institute (AISI), for instance, urged the Trump administration to intervene in a deal in which Anglo American is selling its nickel operations in Brazil to Chinese miner MMG, arguing the transaction would give China even greater control over global reserves of critical minerals.
Meanwhile, the National Corn Growers Association (NCGA) is urging the USTR not only to demand compensation from Brazil for alleged losses in U.S. ethanol exports, but also to take aim at another perceived “threat”: Brazil’s sustainable aviation fuel (SAF) program.
...
U.S. corn producers broadly argue that Brazil’s rapid agricultural expansion in recent years has been “partly driven by protectionist advantages and decades of neglect regarding deforestation” in the Amazon and the Cerrado, enabling Brazil to seize market share from American farmers.
Now, “on top of all that,” they view Brazil as a “serious threat” to the long-term competitiveness of U.S. exports in the emerging SAF market, which is seen as key to the global aviation industry’s goal of achieving net-zero emissions by 2050. Brazil is viewed as a major potential supplier of the renewable fuel, which can be produced through various technologies.
In 2024, Brazil launched its National Sustainable Aviation Fuel Program (ProBioQAV) to promote SAF adoption in its energy mix. Airlines are required to increase SAF use by 1 percentage point annually until reaching 10% in 2036.
One U.S. complaint is that Brazil uses a carbon-neutral emissions model that assigns a premium to the lifecycle assessment of feedstocks from multiple crop cycles (main and second harvest) grown on formerly “degraded” pastureland. NCGA says this naturally favors Brazil’s double-cropping of soybeans and corn while devaluing the lifecycle profile of the U.S. single-crop corn system.
“Most concerning,” the group added, is that “unfortunately” Brazil has emerged as a central player in international standard-setting bodies for biofuels, such as the International Civil Aviation Organization (ICAO) and the International Maritime Organization (IMO).
...
It also called on the USTR to work with government counterparts to “ban the use of Brazilian ethanol” in the U.S. Renewable Fuel Standard (RFS) program until U.S. producers gain reciprocal access to Brazil’s RenovaBio program. READ MORE
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