USTR Section 301 Action on Brazil’s Unreasonable Acts, Policies, and Practices - USTR
WASHINGTON – Today, Ambassador Jamieson Greer is taking final action, at President Trump’s direction, under Section 301 of the Trade Act of 1974 by imposing a 25% tariff on certain goods of Brazil. This follows a yearlong investigation by USTR that determined 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. This action comes after the Office of the United States Trade Representative (USTR) convened two public hearings, received over 360 public comments, and negotiated intensively with the Government of Brazil to seek resolution of U.S. concerns.
“Safeguarding American economic interests against unfair trade practices is the bedrock of President Trump’s America First policies. Whether it is punishing U.S. technology companies for refusing to censor political speech, backsliding on anti-corruption enforcement, or allowing Brazilian farmers to exploit illegally logged land to gain an advantage over American farmers, Brazil’s unfair trading practices have prevented U.S. workers and producers from accessing this important market with over 210 million consumers,” said Ambassador Greer. “Today’s action is necessary to address these unfair trade practices to ensure American workers and companies can compete on a level playing field. Extensive negotiations with Brazil over the past year have not resolved these issues, but we remain open to continuing negotiations with Brazil to bring about long-needed changes to the problems identified in this investigation.”
To view the Federal Register Notice, click here.
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. A Section 301(b) investigation examines whether the acts, policies, or practices are unreasonable or discriminatory and burden or restrict U.S. commerce.
At the specific direction of the President, on July 15, 2025, the U.S. Trade Representative (Trade Representative) initiated an investigation under Section 302(b)(1)(a) of the Trade Act regarding the acts, policies, and practices of the Government of Brazil related to digital trade and electronic payment services; unfair, preferential tariffs; anti-corruption enforcement; intellectual property protection; ethanol market access; and illegal deforestation. On July 15, 2025, the Trade Representative requested consultations with Government of Brazil pursuant to Section 303(a) of the Trade Act, which were held on April 15 and 16, 2026. On September 3, 2025, USTR and the Section 301 Committee convened a public hearing regarding the investigation.
On June 1, 2026, the Trade Representative determined under that certain of Brazil’s acts, policies, and practices related to these areas are unreasonable and burden or restrict U.S. commerce, and are thus actionable under Section 301(b) of the Trade Act. As a result of this determination, the Trade Representative proposed responsive action and invited the public to provide written comments by July 1, 2026, on the proposed action. USTR received, reviewed, and analyzed over 360 written comments. On July 6 and July 7, USTR also held a public hearing regarding proposed responsive action in the investigation, at which 77 witnesses testified.
A copy of the Federal Register Notice is available here.
________________________________________________________________________________
U.S. Court of Appeals Upholds FMC Decision that Detention Fees Must Promote Freight Fluidity - Federal Maritime Commission
The U.S. Court of Appeals for the D.C. Circuit recently issued a decision upholding the FMC’s determination that detention fees levied on a trucker by an ocean common carrier during a three-day port closure were unreasonable. The federal appeals court unanimously denied all aspects of the petition filed by the carrier, Evergreen Shipping Agency (America) Corp., that challenged the FMC’s order, and the court affirmed that detention and demurrage fees must promote freight fluidity.
The case filed at FMC Docket No. 1966(I) concerned detention fees issued to a trucker for its late return of a shipping container and chassis for three days when a port was closed over a holiday weekend and the trucker had no practical ability to return the equipment to the port before the closure. In its Order, the Commission applied its Interpretive Rule on Detention and Demurrage to conclude that Evergreen’s detention fees violated the Shipping Act’s requirement that ocean carriers employ “just and reasonable” practices in handling property. 46 U.S.C. § 41102(c).
The D.C. Circuit fully endorsed the Commission’s application of the Interpretive Rule, which focuses on the extent to which demurrage and detention fees are serving their intended primary purposes as financial incentives to promote freight fluidity. 46 C.F.R. § 545.5(c). The Commission found the detention fees did not effectively incentivize freight fluidity because the evidence showed the trucker could not retrieve the equipment from the cargo owner before the port’s closure, and therefore, the fees during the closure were not incentivizing an earlier return. The court affirmed that the FMC can rely on its expertise and experience to balance competing incentives when determining whether detention and demurrage fees will encourage the efficient flow of equipment through the ocean shipping supply chain.
The Commission’s Order also determined that none of Evergreen’s explanations justified the fees under the specific circumstances of the case, which the Commission must consider. The Commission further ruled that the fees were not reasonable as compensation to Evergreen for additional costs from the late return without sufficient evidence from Evergreen about its costs. The D.C. Circuit affirmed that the burden is on carriers to provide evidence in adjudications showing how their fees may serve a compensatory purpose.
For more information about this decision, please see the D.C. Circuit’s opinion in this case, which can be found at Evergreen Shipping Agency (America) Corp. v. FMC, and reported at 174 F.4th 169 (D.C. Cir. 2026).
For more information about possible violations of the rules for demurrage and detention billing practices, please visit the FMC’s Complaints and Assistance page: Complaints and Assistance – Federal Maritime Commission.
________________________________________________________________________________
OTEXA Announcements - ITA
[7/08/2026] – Determination to Approve CAFTA-DR Commercial Availability Request for Certain Polyester and Nylon Dobby Weave Fabric. File Number: CA2026003.
________________________________________________________________________________
Federal Register Notices:
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Common Alloy Aluminum Sheet From the Republic of Türkiye: Preliminary Results of the Antidumping Duty Administrative Review; 2024-2025
• Common Alloy Aluminum Sheet From the Republic of Türkiye: Preliminary Results of Countervailing Duty Administrative Review; 2024
• Carbon and Alloy Steel Threaded Rod From India: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2024-2025
• Certain Activated Carbon From the People's Republic of China: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2024-2025
• Wooden Cabinets and Vanities and Components Thereof From the People's Republic of China: Preliminary Results and Partial Recission of the Antidumping Duty Administrative Review; 2024-2025
• Passenger Vehicle and Light Truck Tires From the Republic of Korea: Final Results of the Antidumping Duty Administrative Review; 2023-2024
• Common Alloy Aluminum Sheet From the Kingdom of Bahrain: Preliminary Results of Antidumping Duty Administrative Review; 2024-2025
• Certain Corrosion-Resistant Steel Products From the Republic of Korea: Final Results of Countervailing Duty Administrative Review; 2023
• Certain Aluminum Foil From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2024-2025
• Wooden Cabinets and Vanities and Components Thereof From People's Republic of China: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2024
• Common Alloy Aluminum Sheet From Bahrain: Preliminary Results of Countervailing Duty Administrative Review; 2024
• Polyethylene Terephthalate Film, Sheet, and Strip From India: Final Results of Countervailing Duty Administrative Review; 2023
• Carbon and Alloy Steel Threaded Rod From India: Preliminary Results and Rescission, in Part, of Countervailing Duty Administrative Review; 2024
• Certain Cold-Rolled Steel Flat Products From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2023-2024
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Common Alloy Aluminum Sheet From India: Preliminary Results and Rescission, in Part, of Countervailing Duty Administrative Review; 2024
• Certain Steel Nails From the Sultanate of Oman: Final Results of Antidumping Duty Administrative Review; 2023-2024
• Stilbenic Optical Brightening Agents From Taiwan: Preliminary Affirmative Determination of Antidumping Duty Administrative Review; 2024-2025
• Sales at Less Than Fair Value; Determinations, Investigations, etc.: Truck Bed Covers From The People's Republic of China: Postponement of Preliminary Determination in the Less-Than-Fair-Value Investigation
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: L-Lysine from China; Cancellation of Hearing for Antidumping and Countervailing Duty Investigations
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Convertible Child Highchairs; Notice of Institution of Investigation
• Multifunctional Acrylate and Methacrylate Monomers and Oligomers From South Korea; Determination
• Prestressed Concrete Steel Wire Strand From Argentina, Colombia, Egypt, Indonesia, Italy, Malaysia, Netherlands, Saudi Arabia, South Africa, Spain, Taiwan, Tunisia, Turkey, Ukraine, and United Arab Emirates; Scheduling of Full Five-Year Reviews
• Polytetramethylene Ether Glycol from China, South Korea, Taiwan, and Vietnam; Determinations
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2024-2025
• Stationary and Portable Air Compressors From the People's Republic of China, Malaysia, and the Socialist Republic of Vietnam: Postponement of Preliminary Determinations in Countervailing Duty Investigations
• Light-Walled Rectangular Pipe and Tube From the People's Republic of China: Preliminary Results and Rescission, in Part, of Countervailing Duty Administrative Review; 2024
• Certain Lined Paper Products From India: Final Results of Antidumping Duty Administrative Review; 2023-2024
• Polypropylene Corrugated Boxes From the Socialist Republic of Vietnam: Antidumping Duty Order
• Hydrofluorocarbon Blends From the People's Republic of China: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2024-2025
• Alloy and Certain Carbon Steel Threaded Rod From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2024-2025
• Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Initiation of Circumvention Inquiry on the Antidumping and Countervailing Duty Orders
• Certain Non-Refillable Steel Cylinders From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Antidumping Duty Order
________________________________________________________________________________
In the News:
• Some Ships Refusing US-Military Guided Hormuz Transits After Attacks, Sources Say [US News]
• China grew at its slowest pace in more than 3 years last quarter [AP]
• Trump Wants to Cut Off Trade With Spain. Here’s What the U.S. Gets From the Country [US News]
• List of Officially Cruelty-Free Brands (2026 Update) [Cruelty-free Kitty]
• US Tariffs on Brazil Are a Bitter Pill for Sugar and Ethanol Makers [US News}
________________________________________________________________________________
Adjusting Imports of Commercial Aircraft, Jet Engines, and Aircraft and Engine Parts into the United States - The White House
A PROCLAMATION
________________________________________________________________________________
FDA Proposes Rule to Modernize Drug Manufacturing Registration - Food & Drug Administration
The U.S. Food and Drug Administration today issued a proposed rule that, if finalized, would create a streamlined registration pathway for distributed manufacturing establishments that operate as a single establishment using a “hub-and-spoke” model. The proposed rule would also clarify registration requirements for certain foreign establishments that manufacture drugs, including active pharmaceutical ingredients, that indirectly enter the U.S. drug supply.
This action is another step forward in the FDA’s coordinated effort to help ensure Americans have reliable access to safe, quality medicines by strengthening domestic pharmaceutical manufacturing, and ensuring that regulatory frameworks keep pace with innovation.
Distributed manufacturing establishments operate using a “hub-and-spoke” model, with a central quality oversight hub and multiple equivalent manufacturing units at different locations. Currently, regulations require each manufacturing unit in such a network to register separately, creating unnecessary administrative burdens. Under the proposed rule, distributed manufacturing establishments could register as a single establishment. Units could be added, relocated or removed through a streamlined update process, and companies would be required to notify the FDA in advance of any unit relocation, closing a gap in the agency's real-time oversight.
“The FDA is proposing changes to our establishment registration regulations that would reflect how distributed manufacturing actually works — as one single establishment,” said Michael Davis, M.D., Ph.D., Acting Director of FDA’s Center for Drug Evaluation and Research. “The proposed changes would make it easier for innovative manufacturers to operate efficiently, and give the FDA a clearer, more accurate picture of how and where drugs are being made.”
The proposed rule would also clarify registration and drug listing requirements for certain foreign drug manufacturing establishments. Currently, some foreign establishments that manufacture drugs (including components of drugs, such as active pharmaceutical ingredients) only for distribution to other foreign establishments may not be registered with the FDA, limiting the agency’s visibility into upstream supply chains. By aligning our regulations to the statutory requirements, this proposed rule would make it clearer that these establishments must register with the FDA and report on the drugs they produce, giving the FDA greater ability to detect and respond to potential safety concerns.
“When an active ingredient in a medicine reaches an American patient, the FDA should be able to trace exactly where it came from,” said Dr. Davis. “Closing this registration gap for foreign establishments is a concrete step toward increasing the supply chain transparency that patients deserve.”
If finalized, the proposed rule is expected to reduce registration costs for distributed manufacturing companies and generate long-term efficiencies for both industry and the agency. It builds on a series of administration actions aimed at revitalizing American pharmaceutical manufacturing, improving supply chain transparency, and reducing vulnerabilities in the drug supply chain.
The proposed rule is available here.
]