In recent months, the landscape of tariffs and trade barriers has once again moved to the center of global discussions. The tariff policy of the United States, under the leadership of Donald Trump, has reignited legal, economic, and strategic debates that affect global supply chains.

Recently, the United States Supreme Court limited the use of broad legal grounds for the Executive Branch to impose tariffs, particularly when based on the International Emergency Economic Powers Act. The decision represented an important restraint on the expansion of tariff measures without specific legislative backing. However, even after this ruling, the U.S. government sought new legal mechanisms to sustain tariff implementation, resorting to provisions under the Trade Act of 1974, such as Section 122, which allows for the temporary imposition of surcharges under certain circumstances.

This development highlights a central aspect of contemporary international trade: tariff policy has become a strategic instrument of industrial policy and geopolitics. Regulatory instability in the United States generates effects that go far beyond direct bilateral relations, impacting international contracts, pricing structures, investment decisions, and market diversification strategies.

In China’s case, the context has been treated as a strategic opportunity. Faced with the recurring use of tariffs as a trade pressure tool by the United States, the Chinese government has intensified regional agreements, strengthened domestic production chains, and expanded its presence in emerging markets. The strategy aims to reduce dependence on the U.S. market while consolidating China’s position as a leading player in global trade amid increasing economic fragmentation.

For Brazil, the scenario is ambivalent. On one hand, the tariff reconfiguration creates room for gains in certain sectors. Recent studies indicate that a significant portion of Brazilian exports to the United States remains free from additional surcharges, while another portion is subject to the temporary global tariff announced by the U.S. government. Existing sectoral tariffs based on national security grounds also remain in place, affecting specific segments such as steel and aluminum.

On the other hand, regulatory unpredictability requires heightened attention from Brazilian companies. Frequent changes in the legal basis for tariffs and ongoing judicial challenges create an environment of uncertainty that may impact tax planning and logistical decisions. In this context, strategic action in foreign trade goes beyond operational execution and demands continuous monitoring of political and judicial developments.

Ongoing monitoring of international legislation and trade disputes is essential to mitigate risks. It is precisely in this environment that specialized foreign trade advisory becomes strategic. At Modal Comex, we closely track regulatory changes, assess specific tariff impacts, analyze risks, and support our clients in making safer and more competitive decisions.

If your company currently operates or plans to expand operations with the United States or other strategic markets, now is the time to reassess scenarios and strengthen your international strategy. Contact our team for an in-depth review of your operations.