WHITE HOUSE ANNOUNCES UPDATED TARIFFS FOR BRAZIL, EXEMPTS 238 AGRICULTURAL CLASSIFICATIONS EFFECTIVE NOVEMBER 13, 2025

2025-11-21T18:01:00+00:00November 21st, 2025|Customs, Freight Talk, Import, Industry Spotlight|

The White House recently announced modified tariff measures on goods originating in Brazil with an Executive Order issued on November 20, 2025. The action modifies the additional 40 percent ad valorem duty established under Executive Order 14323 and exempts a defined group of agricultural products from the tariff action. The revised treatment applies to goods entered for consumption, or withdrawn from a warehouse for consumption, on or after November 13, 2025, at 12:01 a.m. Eastern Time.

This update follows recent agriculture tariff adjustments announced on November 14, 2025, that removed designated products from reciprocal tariffs under a separate executive action.

Read more about those adjustments here: U.S. MODIFIES SCOPE OF RECIPROCAL TARIFFS FOR SOME AGRICULTURAL IMPORTS

HOW DOES THIS EXECUTIVE ORDER  MODIFY THE ORIGINAL 40 PERCENT DUTY ON BRAZIL-ORIGIN GOODS?
The order updates Annex I to Executive Order 14323 to remove specific agricultural goods from the additional duty. The adjustment applies only to products classifiable under designated Harmonized Tariff Schedule (HTSUS) provisions and does not affect tariff treatment for goods outside those listings. The modification reflects ongoing negotiations tied to the national emergency declared in July.
WHICH AGRICULTURAL PRODUCTS QUALIFY FOR EXEMPTION UNDER THIS UPDATED TARIFF SCOPE?
A total of 238 HTSUS agricultural classifications and additional categories identified under U.S. note 2(x)(iii) are now exempt. Eligibility depends on accurate tariff classification and, when required, documentation confirming religious-use or processing criteria. Exempt categories span beef products, tropical produce, nuts, spices, cassava derivatives, coffee and cocoa products, and certain processed agricultural goods.
HOW SHOULD IMPORTERS DECLARE EXEMPT BRAZIL-ORIGINATING AGRICULTURE PRODUCTS?
Recent U.S. Customs Border Protection (CBP) guidance states that products covered by the newly exempt HTSUS provisions should be entered using heading 9903.01.81. Products falling under the categorical exemptions in subdivision (b) should be entered using heading 9903.01.90.
The subdivision (b) exemptions include:
  • Etrogs (0805.90.01)
  • Frozen tropical fruit (0811.90.80)
  • Date palm branches, myrtus branches, and other vegetable material for religious purposes (1404.90.90)
  • Bread, pastries, biscuits, and puddings for religious purposes (1905.90.10)
  • Communion wafers, empty capsules, sealing wafers, rice paper, and similar religious-use products (1905.90.90)
  • Acai (2008.99.21)
  • Citrus juice not including orange, grapefruit, lime, or lemon (2009.31.60)
  • Coconut water or acai juice (2009.89.70)
  • Coconut water blends not from concentrate and packaged for retail sale (2009.90.40)
  • Acai preparations for beverage manufacturing (2106.90.99)
  • Non-citrus essential oils for religious purposes (3301.29.51)
Importers should maintain documentation when exemptions are based on religious use or submitted under processing conditions.
HOW SHOULD IMPORTERS CORRECT ALREADY-FILED ENTRIES THAT QUALIFY FOR EXEMPTION?
Importers should review entries filed on or after November 13, 2025, to determine whether goods qualify for exemption. Corrections should be submitted within 10 days of release and before estimated duties are deposited. For unliquidated entries where duties have already been deposited, a post summary correction may be submitted to request a refund. For liquidated entries, importers may seek refunds through the protest process within the applicable statutory period. All corrections and refund requests must follow standard U.S. Customs and Border Protection procedures.
WHAT PRODUCTS REMAIN SUBJECT TO THE ADDITIONAL 40 PERCENT DUTY?
Products originating in Brazil that are not listed in the updated annex remain subject to the additional duty. The underlying national emergency remains active, and agencies will continue monitoring policy conditions. Further adjustments remain possible based on negotiations and policy recommendations submitted under applicable statutory authorities.

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