USTR Proposes Section 301 Tariffs on Brazil
On June 1, 2026, the United States Trade Representative (“USTR”) proposed under Section 301 of the Trade Act of 1974 (“Section 301”) to impose tariffs on imports of goods from Brazil due to Brazil’s practices involving digital trade and electronic payment services, unfair and preferential tariffs, anti-corruption enforcement, intellectual property protection, ethanol market access, and illegal deforestation.
The proposed tariffs would cover all goods of Brazilian origin, except those already subject to tariffs under Section 232 of the Trade Expansion Act of 1962 (“Section 232”) and those listed in an Annex to the USTR’s proposed action. The Annex of excluded articles covers good from over 1,600 headings in the Harmonized Tariff Schedule of the United States (“HTSUS”), including aircraft and related parts, petroleum and coal products, beef, coffee, and orange juice.
Written comments are due by July 1, 2026 and can be submitted here. The USTR will hold a hearing about the proposed tariffs on July 6, 2026.
CIT Allows CBP to Substitute Witness for Testimony on IEEPA Refund Process
On June 5, 2026, the Court of International Trade (“CIT”) amended its prior order requiring CBP Commissioner Rodney Scott to testify regarding CBP’s “anticipated timing” for providing refunds as required by the CIT’s April 17, 2026 Order. As previously requested by the Department of Justice (“DOJ”), CIT Judge Richard Eaton will permit DOJ to substitute either Susan Thomas, CBP’s Executive Assistant Commissioner for Trade, or Brandon Lord, the CBP official who filed previous written declarations to the CBP, in place of Commissioner Scott.
BIS Clarifies License Requirements for Advanced Computing Items Exported to Entities Outside China
On May 31, 2026, the Commerce Department’s Bureau of Industry and Security (“BIS”) issued guidance clarifying that a license is required to export advanced computing items to (1) entities headquartered in Country Group D:5 or Macau or (2) entities with an ultimate parent company headquartered in Country Group D:5 or Macau. This license requirement applies even when the entities themselves are located outside Country Group D:5 or Macau.
BIS first issued this license requirement in November 2023 via Section 744.23(a)(3) of the U.S. Export Administration Regulations (“EAR”). The license requirement applied to all advanced computing items (e.g., those specified in Export Control Classification Numbers (“ECCNs”) 3A090.a and .b, 4A090.a and .b, and related .z paragraph items). However, BIS stated it had received questions on whether this license requirement was still being enforced in light of a January 2025 revision to BIS’s Artificial Intelligence (“AI”) Diffusion Rule, which transferred the requirement for these “.a” items from EAR § 744.23(a) into EAR § 742.6 as part of a new worldwide license requirement, and BIS’s subsequent announcement in May 2025 that it would not be enforcing the AI Diffusion Rule.
DDTC Updates List of Commodity Jurisdiction Determinations
The Department of State’s Directorate of Defense Trade Controls (“DDTC”) updated its listing of Commodity Jurisdiction (“CJ”) Determinations. New determinations cover underwater acoustic sensors, radars, radio signal detection systems, heat sinks, certain chemicals, and cybersecurity software.
The Husch Blackwell International Trade and Supply Chain team will continue to monitor and provide updates on this case as they become available. If you have company specific questions or concerns, please contact your Husch Blackwell attorney.