Notice of Determination in Brazil 301 Investigation

On June 4, 2026, the Office of the U.S. Trade Representative published in the Federal Register (91 FR 33854) Notice of Determination and Request for Comments Concerning Action Pursuant to Section 301: Brazil’s Acts, Policies, and Practices Related to Digital Trade and Electronic Payment Services; Unfair, Preferential Tariffs; Anti-Corruption Enforcement; Intellectual Property Protection; Ethanol Market Access; and Illegal Deforestation.

SUMMARY: The United States Trade Representative (Trade Representative) has determined that certain of Brazil’s acts, policies, and practices at issue in this investigation are actionable under Section 301(b) and Section 304(a) of the Trade Act of 1974, as amended (Trade Act). The Trade Representative is proposing action, including tariffs on articles of Brazil and certain exemptions, and invites comments from the public.

DATES: July 1, 2026: Due date for written comments.

Clothing Top Category of Online Purchases, E-Commerce Has Fueled Growth of Counterfeiting

On March 14, 2022, the Congressional Research Service published International Trade and E-commerce.

In 2021, 79% of the U.S. population engaged in ecommerce, with clothing as the top category of online purchases

The growth of e-commerce platforms has helped fuel the growth of counterfeit and pirated goods. USTR’s annual Notorious Markets List reports on online markets engaged in facilitating trade in these goods. President Biden has ordered the Department of Homeland Security to strengthen customs enforcement to help prevent the import of counterfeit items ordered online.

AAFA Encourages Swift Support for Legislation to Inform and Protect Online Consumers

On October 7, 2021, the American Apparel & Footwear Association issed a statement applauded this week's introduction of the Integrity, Notification, and Fairness in Online Retail Marketplaces (INFORM) Consumers Act, thanking U.S. Congresswoman Jan Schakowsky (D-IL) and U.S. Congressman Gus Bilirakis (R-FL) for introducing legislation to protect consumers and small businesses from illicit merchandise found on leading e-commerce platforms.

The INFORM Consumers Act aims to increase online marketplace transparency and accountability to combat the rapidly growing problem of counterfeit and stolen goods sold through these channels. A Senate version was already introduced with bipartisan support from Senators Durbin (D-IL), Cassidy (R-LA), Hirono (D-HI), Grassley (R-IA), Coons (D-DE), Rubio (R-FL), Warnock (D-GA), and Tillis (R-NC).

The INFORM Consumers Act would modernize consumer protection laws and require online marketplaces to collect and verify basic business information from sellers before those entities can sell online. It would also require high-volume sellers to provide contact information to consumers. Removing seller anonymity on these platforms will create basic accountability measures that will help protect consumers from counterfeit goods and make it harder for criminals to profit from selling stolen or counterfeit merchandise.

“Consumers – and trusted brands – need this legislation to effectively slow down the criminal networks targeting unsuspecting customers with the sale of stolen, counterfeit, expired, dangerous, and defective products. Right now, the onus is placed on consumers to avoid knockoffs, but it would be much more effective if e-commerce sites would take on this responsibility,” said AAFA President and CEO Steve Lamar. "American businesses need this legislation to protect their intellectual property, and to allow them to hire more American workers. We look forward to working with House leadership on advancing this legislation into law."

With holiday shopping starting earlier this year due to supply chain slowdowns, AAFA is working to educate all Americans about the risks associated with counterfeits online.

AAFA is a proponent of consumer safety and brand protection, and also supports the SHOP SAFE Act which advanced out of the House Judiciary Committee last week. More information is available at aafaglobal.org/FightFakes and aafaglobal.org/DupeInfluencers.

Amazon’s Heavy Recruitment of Chinese Sellers Puts Consumers at Risk

Thanks to our friends at the American Apparel & Footwear Association (AAFA) for alerting us to this Wall Street Journal article about how Amazon's e-commerce platform has included banned, unsafe, mislabeled products since Amazon wooed China's manufacturers to sell directly to the U.S.

CBP Releases E-Commerce Strategy

On March 6, 2018, U.S. Customs and Border Protection released its e-commerce strategy that addresses the growing volume of imported small packages and the challenges and opportunities it presents for the U.S. economy and security. The e-commerce strategy strengthens CBP's ability to protect health and safety while maintaining a strong trade facilitation posture in e-commerce.

CBP defines e-commerce as high-volume, low-value shipments purchased via electronic means. This growth in volume has increased the opportunity for illicit and dangerous products to cross our borders, placing Americans’ health and safety at risk and creating new risks that can compromise U.S. intellectual property rights.

This strategy highlights private industry and foreign governments as key stakeholders and resources in CBP's continuous assessment of the e-commerce environment and includes efforts to educate the public and trade community to ensure they understand their responsibilities as importers to comply with customs regulations. The strategy also emphasizes enforcement initiatives, such as streamlining enforcement processes affected by increasing e-commerce volumes, leveraging enforcement partnerships with partner government agencies and foreign governments, and improving data collection from CBP targeting systems and field personnel.

As part of this strategy, CBP will work to enhance legal and regulatory authorities to better posture the agency to address emerging threats. In addition, it outlines the creation of a more agile, dynamic workforce that utilizes state-of-art techniques and technology to better target high-risk shipments, improving data collection from CBP targeting systems, and leveraging enforcement partnerships.

The document affirms CBP's commitment to the Presidential Executive Order 13785, Establishing Enhanced Collection and Enforcement of Antidumping and Countervailing Duties and Violations of Trade and Customs Laws, and the fulfillment of its mandates.

FTC Published Rule of Mail, Telephone, and Internet Sales

On September 17, 2014, the FTC published in the Federal Register (79 FR 55615) Mail or Telephone Order Merchandise; Final rule. The provisions of the final Rule will become effective on December 8, 2014.

The final amendments modify the Rule in four ways.

1. They clarify that the Rule covers all Internet merchandise orders, regardless of the method consumers use to access the Internet.

2. They permit refunds and refund notices by any means at least as fast and reliable as first class mail.

3. They clarify sellers' refund obligations for orders using payment methods not specifically enumerated in the Rule (``non-enumerated payments'').

4. They require sellers to process any third party credit card refunds by seven working days after a buyer's right to a refund vests.