Commercial Information Circulars
24-hour hotline : 23 922 922
e-mail address : enquiry@tid.gov.hk
Ref : EIC 413/2
3 October 2011
Dear Sirs,
Commercial Information Circular No. 598/2011
Brazil : Retroactive Anti-dumping and Countervailing Duties
The Brazilian Government has recently announced a measure that authorises the retroactive application of anti-dumping and countervailing duties up to ninety days before the date of publication of a preliminary affirmative anti-dumping or countervailing determination.
2.The retroactive application of anti-dumping duties may be determined if:
there is a history of injurious dumping or the importer was or should be aware that the producer or the exporter was dumping its products and that such dumping would cause injury; and
the injury is caused by massive imports in a relatively short period of time that, taking into account the period in which the imports were made and the volume and increase in the inventories of the dumped imports, would likely seriously undermine the remedial effect of the definitive anti-dumping measures to be applied.
3.For the purpose of implementing paragraph 2(i), it will be considered that there is a history of injurious dumping if the imported merchandise was subject to a provisional or definitive anti-dumping measure in Brazil or a third country. Moreover, an importer will be deemed to be or have been aware that the producer or the exporter's dumping practice would cause injury when the date of the bill of lading for the imported merchandise at dumping prices comes after the date of initiation of the anti-dumping investigation.
4.For details of the Brazilian measure, traders are advised to consult their importers in Brazil and/or the relevant Brazilian Resolutions (in Portuguese) which are available at:
Resolution No. 64/2011: http://www.mdic.gov.br/arquivos/dwnl_1315927071.pdf.
ENQUIRIES
5.For enquiries about the content of this circular, please contact Miss S Y TANG at telephone number 2398 5405.
Yours faithfully,
(Miss Cindy CHENG)
for Director-General of Trade and Industry
| Note : | While every effort is made to ensure the accuracy of the above information, the Department cannot guarantee this to be so and will not be held liable for any reliance placed on the same. |