Commercial Information Circulars

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e-mail address : enquiry@tid.gov.hk

Ref : EIC 413/2

21 October 2013

Dear Sirs,

Commercial Information Circular No. 835/2013

Brazil : Administrative Procedures on Investigation and Application of Anti-dumping Measures

The Brazilian government issued Decree No. 8058/2013 on 26 July 2013 to regulate the administrative procedures on the investigation and application of anti-dumping (AD) measures.  The Decree entered into force with effect from 1 October 2013.

2. The Decree defines "dumping" as the introduction of a product into the Brazilian market at an export price lower than its normal price.  AD measures, in the form of AD duty, may be applied when the import of the products has brought material damage or a threat of material damage to the Brazilian domestic industry as a result of dumping.

Initiation of Proceedings

3.                To initiate an AD investigation, the Brazilian domestic industry may file a written petition with the Ministry of Development, Industry and Foreign Trade ("Ministério do Desenvolvimento, Indústria e Comércio Exterior" in Portuguese / MDIC).  The petition must be supported by those domestic producers whose collective output accounts for at least 25% of the total production of the like products produced by the domestic industry and more than 50% of the total production of the like products produced by those domestic producers expressing a view on the petition.

4.                 After receipt of the petition, the MDIC has 30 days to decide whether to initiate an investigation or not.  The deadline can be extended an additional 15 days if additional information is required from the petitioner. If the petition contains sufficient informaton on dumping, injury to the domestic industry and the causal link between the two, the MDIC may publish a notice on the initiation of the investigaiton. Otherwise, the petition shall be rejected.

Investigation

5.                The MDIC shall, within 120 days from the date of initiation of the investigation, draw up the preliminary determination of the existence of dumping, injury to the domestic industry and their causality, and then publish the preliminary determination within the following three days.  If the preliminary determination of dumping is affirmative, provisional AD duties may be applied for four months, or longer upon request for extension.
 
6.                The AD investigation may be suspended without provisional or final AD measures if foreign exporters have voluntarily undertaken to adjust the export prices to eliminate dumping and hence injury to the domestic industry.

7.                Within ten months from the date of intiation of the investigation, the MDIC shall complete the AD investigation.  If the final determination is affirmative, the MDIC shall publish its decision to apply final AD measures.

8.                All final AD duties shall expire within five years from the date of their enforcement or the date of completion of their latest review.

9.                For details, traders are advised to consult their importers in Brazil and/or the above Brazilian Decree (in Portuguese), which is available at: http://www.planalto.gov.br/ccivil_03/_Ato2011-2014/2013/Decreto/D8058.htm.          
 

ENQUIRIES

10. For enquiries about the content of this circular, please contact Miss S Y TANG at telephone number 2398 5405.

Yours faithfully,

(Ms Cindy CHENG)

for Director-General of Trade and Industry