Executive Order: Modifying the Scope of Tariffs on the Government of Brazil (Donald Trump, 2025)

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Executive Order: Modifying the Scope of Tariffs on the Government of Brazil is an executive order that President Donald Trump (R) issued on November 20, 2025, during his second term in office.[1]

Executive orders are directives the president writes to officials within the executive branch requiring them to take or stop some action related to policy or management. They are numbered, published in the Federal Register, cite the authority by which the president is making the order, and the Office of Management and Budget issues budgetary impact analyses for each order.[2][3] Click here to read more about executive orders issued during Trump's second term.

Text of the order

The section below displays the text of the order. Click here to view the order as published on the White House website.

“

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:

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.

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.

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.

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.

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.

(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.

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.

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.[1][4]

”

Judicial responses

Supreme Court rules against some tariffs (February 20, 2026)

On February 20, 2026, the Supreme Court issued a decision in the case Learning Resources, Inc. v. Trump, ruling that the International Emergency Economic Powers Act, which Trump had used to impose tariffs, did not give him the power to do so.[5] In writing the opinion of the Court, Chief Justice John Roberts wrote," IEEPA contains no reference to tariffs or duties. The Government points to no statute in which Congress used the word 'regulate' to authorize taxation. And until now, no President has read IEEPA to confer such power."[6] In his dissent, Justice Brett Kavanaugh wrote, "To summarize: Algonquin in 1976 unanimously held the opposite... There is a long tradition of Presidents imposing tariffs as a means of regulating importation and commerce... All of that and much more, in my view, overwhelmingly establish that IEEPA clearly authorizes the President to impose tariffs."[7]

The court ruled 6-3, with, Amy Coney Barrett, Neil Gorsuch, Ketanji Brown Jackson, Elena Kagan, and Sonia Sotomayor joining Roberts in the majority opinion. In addition to Kavanaugh, Samuel Alito and Clarence Thomas dissented.[5]

Executive orders in the second term of the Trump administration

March 2026

February 2026


January 2026

December 2025

November 2025

October 2025

September 2025

August 2025

July 2025

June 2025

May 2025

April 2025

March 2025

February 2025

January 2025


Historical context

See also: Donald Trump's executive orders and actions, 2025-2026

Overview, 1789-present

The following chart shows the number of executive orders and average executive orders per year issued by each president of the United States from 1789 to present.

Average number of executive orders issued each year by president, 1921-present

The following chart visualizes the average number of executive orders issued each year between 1921 and present, as noted in the table in the section above. The number of executive orders issued declined during this time period with Presidents Barack Obama (D) and George W. Bush issuing the fewest on average at 35 and 36 each year, respectively.

Executive orders issued over time, 2001-present

The chart below displays the number of executive orders issued over time by Biden, Trump, Obama, and Bush.

First day, month, and year executive order totals, 2001-2025

The chart below displays the number of executive orders that Biden, Trump, Obama, and Bush issued on their first day in office, first month in office, and first year in office following a presidential transition.


See also

Footnotes

  1. ↑ 1.0 1.1 White House, "Modifying the Scope of Tariffs on the Government of Brazil," November 20, 2025
  2. ↑ Cooper, Phillip. (2014). By Order of the President: The Use and Abuse of Executive Direct Action. Lawrence, KS: University Press of Kansas. (pgs. 21-22)
  3. ↑ USA Today, "Presidential memoranda vs. executive orders. What's the difference?" January 24, 2017
  4. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  5. ↑ 5.0 5.1 Cite error: Invalid <ref> tag; no text was provided for refs named BBC
  6. ↑ Supreme Court, "LEARNING RESOURCES, INC., ET AL. v. TRUMP, PRESIDENT OF THE UNITED STATES, ET AL.," February 20, 2026
  7. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named SCCOTUS220
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