Executive Order 14361 excludes certain agricultural products from an additional 40% duty on articles from Brazil. The order, published Nov. 26, 2025, was signed on Nov. 20, 2025. It changes the reach of duties imposed under Executive Order 14323 of July 30, 2025.
That earlier order declared a national emergency tied to policies, practices, and actions of the Government of Brazil. It described those actions as a rare and severe danger to U.S. national security, foreign policy, and the economy, and said the danger comes from outside the United States. To deal with that threat, it imposed an extra duty equal to 40% of the value of certain Brazilian articles, and it listed other articles that would not face that added rate.
This order states that certain agricultural products shall not be subject to that extra duty. It attaches an updated version of the earlier order’s list of excluded articles, and it directs changes to the Harmonized Tariff Schedule of the United States, the federal list of import classifications and duty rates. Those changes cover goods cleared for use, or removed from a warehouse so they can be used, beginning at 12:01 a.m. eastern standard time on Nov. 13, 2025. The annexes appear in the Federal Register as images, and the order’s prose does not name the individual products.
If carrying out the order requires a refund of duties already collected, the order says those refunds will be handled under the law that applies and the usual refund steps used by U.S. Customs and Border Protection.
The order says that on Oct. 6, 2025, the president took part in a call with Brazilian President Luiz Inácio Lula da Silva, and that the two agreed to begin negotiations on the concerns identified in the July order. It says those talks are ongoing. It also says officials who have been monitoring the emergency recommended that some agricultural imports from Brazil no longer face the extra duty, citing initial progress in the talks among other considerations. After considering that information and the status of the talks, the order states, the president determined the change was necessary and appropriate to deal with the declared emergency.
The order directs the Secretary of State to keep monitoring the emergency and to consult regularly with any senior official the secretary considers appropriate. The secretary is to inform the president of any circumstance that, in the secretary’s opinion, might indicate a need for further action by the president.
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 carry out the order. The order authorizes the secretary to use powers granted to the president under the International Emergency Economic Powers Act as needed for that purpose, and to redelegate that authority inside the Department of State, consistent with applicable law. It also directs each executive department and agency to take appropriate measures within its authority.
The order says it does not create a right or benefit that any party can enforce in court against the United States, its agencies, or its officers. If one provision is held invalid, the rest of the order still stands. The order is to be carried out consistent with applicable law and subject to the availability of appropriations.