Letter from Brazil to the WTO denounces political reasons and illegalities of the tariff

“The letter presents a justification for this decision that seems to have nothing to do with economic relations between Brazil and the US or the object of the agreements covered. Among the alleged concerns identified by the US President in his letter are the trial of former President Jair Bolsonaro by the Supreme Court of Brazil and the alleged ‘attacks’ to the free elections and the rights of freedom of expression, exemplified by the Federal Supreme Court orders, Against US social media companies. The letter also states that the alleged ‘commercial deficits’ with the US is a ‘big threat’ to the US economy and national security, when the US actually has a commercial surplus with Brazil, “the complaint says.

Itamaraty also points out that, on July 15, 2025, the United States Trade Representative, the US Government for Commerce Office, began an investigation under section 301 of the Brazilian Trade Acting Law “to US social media companies, as well as other unfair business practices that undermine US companies, workers and technological innovatives.” The start notice about the application of new import rates states that “the tariff and non -tariff barriers in Brazil deserve a thorough investigation and, potentially, a responsive action.”

The complaint continues to explain that, July 30, 2025, the US President issued an executive order entitled “addressing threats to the US by the Government of Brazil.” “This executive order states that the alleged policies, ‘practices and actions of the Government of Brazil are an unusual and extraordinary threat to national security, foreign policy and the US economy’ and declares a ‘national emergency’ in relation to this alleged threat. To face the so -called ‘national emergency’, the decree imposes a right ad valorem Additional 40% over certain products of Brazilian origin. As a result, imports from certain products from Brazil are subject to 50% import rights when imported into the United States, “the document says.

Legal basis of the complaint

The document also describes the legal bases of Brazil’s complaint. For Itamaraty, “the measures in question seem to be incompatible with United States obligations under the 1994 Gatt (The General Agreement on Tariffs and Trade of the WTO.”

What the Itamaraty argues