DISPUTE SETTLEMENT

DS646: United States - Additional Duties on Certain Products from Brazil

This summary has been prepared by the Secretariat under its own responsibility. The summary is for general information only and is not intended to affect the rights and obligations of Members.

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Summary of the dispute to date

Consultations

Complaint by Brazil

On 27 July 2026, Brazil requested consultations with the United States with respect to additional duties imposed by the United States on products originating in Brazil pursuant to two investigations initiated by the United States Trade Representative under Section 301 of the Trade Act of 1974, as amended. In particular, Brazil is challenging: (i) the determinations made by the United States concerning acts, policies, and practices of Brazil in the Brazil Section 301 Investigation, and the resulting additional ad valorem duty of 25% on products originating in Brazil, subject to specified exemptions; and (ii) the determinations made by the United States concerning Brazil in the Forced Labor Section 301 Investigation, and the additional ad valorem duty of 12.5% on products originating in Brazil, subject to specified exemptions.

Brazil claimed that these measures appear to be inconsistent with:

  • Articles I:1, II:1(a), and II:1(b) of the GATT 1994; and
  • Articles 23.1 and 23.2(a) of the DSU.

On 6 August 2026, China requested to join the consultations.

On 6 August 2026, the United States requested the Chair of the DSB to circulate to Members a communication where it indicated that the United States accepted Brazil's request to enter into consultations.

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