Brazil adopts mechanism that allows tariff increases due to trade imbalances

February 01, 2024

Decree No. 11,895, of January 23, 2024, provides for the implementation of the 110th Additional Protocol to Economic Complementation Agreement No. 18 (ACE 18), which is the free trade agreement that underpins Mercosur within the scope of ALADI, incorporating Decision No. 27/15 of the Mercosur Common Market Council, related to “Specific Actions in the Tariff Scope for Reasons of Trade Imbalances Derived from the International Economic Scenario.”

 

This Decision is based on the premise that the proper management of Mercosur's tariff policy must take into account the international economic scenario and authorizes the increase in import tax rates above the Common External Tariff (TEC) for imports originating outside the bloc by Mercosur State Parties. The tariff increase, however, cannot be higher than the tariff consolidated with the WTO (that is, the tariff which Argentina, Brazil, Paraguay, and Uruguay have undertaken not to exceed before the other WTO members).

 

It should be noted that this increase is temporary, being valid for 12 months (extendable), and it is limited to 100 tariff positions.

 

Companies or sectors interested in raising tariffs must follow a procedure (whose roadmap is annexed to Decision No. 27/2015). Requests must be taken for consideration of other State Parties, which may raise objections to the request.

 

This mechanism will remain in force until December 31, 2028, a period determined by Decree No. 11,894/2024.

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