Trade, tariffs and industry

Executive Order 14361: Modifying the Scope of Tariffs on the Government of Brazil

President: Donald J. Trump

Removed specified Brazilian agricultural products from the additional tariff scope.

Status: Partly revoked. Sources: Learning Resources, Inc. v. Trump, Supreme Court opinion, February 20, 2026 · Executive Order 14389, February 20, 2026, sections 1–2 · Executive Order 14361, signed text.

Is Executive Order 14361 still in effect? Partly. The Supreme Court rejected IEEPA tariffs in Learning Resources, Inc. v. Trump on February 20, 2026; EO 14389 ended those duties the same day. Section 3(a)’s monitoring of the Brazil emergency survives; the IEEPA tariff provisions no longer operate.

Illustration of American and Brazilian flags, agricultural cargo and tariff-adjustment symbols
The Brazil tariff amendment had specific product and legal limits; the scene is not a current duty quotation or a general removal of all Brazil-related restrictions. EO Explained · site-generated editorial illustration · not documentary evidence.

What does Executive Order 14361 do?

This action formed part of the 2025–2026 tariff framework. On February 20, 2026, the Supreme Court held that IEEPA does not authorize presidential tariffs; EO 14389 then ended the additional ad valorem duties imposed under the listed IEEPA orders. Measures based on other statutes and the all-country de minimis suspension require separate analysis.

Administration position: The order’s descriptions of trade conditions, retaliation, drug flows or foreign conduct are administration findings. Its legal effect depends on the authority invoked, the exact tariff schedule changes, later presidential actions and controlling court judgments.

Reading the operative provisions of Executive Order 14361

EO 14361 removed specified agricultural products from the additional tariff imposed on Brazilian goods. The Federal Register text identifies the covered products and the date the exclusion took effect. It narrowed the tariff’s scope without necessarily removing every duty or trade restriction involving Brazil.

Tariff exclusions depend on customs classification, origin and entry date. A food product grown in one country, processed in another and shipped from Brazil may require origin analysis before the exclusion can be applied. Importers should also check whether a later order modified the underlying additional duty or ended it altogether. A product being agricultural does not automatically place it within the listed exception.

The later 2026 termination of certain tariff actions affected the broader measure under which this exclusion operated. The exclusion remains useful in the historical timeline but does not by itself determine current liability. Customs records and the effective text on the date of entry control. This separation helps explain both what EO 14361 changed and why a past exclusion cannot be assumed to remain a current tariff rule.

SignedNovember 20, 2025
Operative changeBrazil product exclusions listed in annex
Lead officialsDHS and USTR
Express timingNovember 13, 2025 entries

Before and after

Before the order

The Harmonized Tariff Schedule reflected the then-current reciprocal, country-specific and product-specific treatment.

Earlier orders in the same lineage supplied the baseline that this order amended.

After the order

EO 14389 later ended the Brazil IEEPA additional ad valorem duties while leaving other actions unaffected.

EO 14389 ended the listed IEEPA additional ad valorem duties after the Supreme Court decision. It expressly preserved non-IEEPA duties and the separate all-country de minimis suspension.

Who had to do what

Agency / officeActionTiming / position
DHS and USTRImplement the stated tariff or customs change through the Harmonized Tariff Schedule and entry systemNovember 13, 2025 entries
Commerce, Homeland Security and USTRCoordinate implementation and later modificationsAs directed

What happened next

EO 14361 signed.

Supreme Court held that IEEPA does not authorize presidential tariffs; EO 14389 ended the listed IEEPA duties.

A separate temporary section 122 surcharge operated under the Trade Act.

Current position checked against the judgment and later presidential action.

Reviewed court position

Court status

See the court documents in Sources by type.