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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
Brand Hong Kong - Asia world city
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Commercial Information Circulars

24-hour hotline : 23 922 922

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

Ref : EIC 413/2

18 June 2015

Dear Sirs,

Commercial Information Circular No. 553/2015

Brazil : Procedures for Non-Preferential Origin Investigation

The Secretary of Foreign Trade of the Ministry of Development, Industry and Foreign Trade (MDIC) of Brazil issued Decree No. 38/2015 on 18 May 2015 to establish the procedures or non-preferential origin investigation.

2.An import licence is required for imports of products which are subject to trade remedy actions. Applications for the import licences are subject to origin investigation by the Department of Trade Negotiations (DEINT) of MDIC. The DEINT will select licence applications, upon risk analysis, for investigation taking into account the following factors:

  • history of Brazilian imports of the products stated in the import licence application;

  • history of Brazilian imports of the products with respect to producer and exporter stated in the import licence application;

  • history of operations performed by the importer;

  • history of exports of the products of the country of origin stated in the import licence application; and

  • formal complaints submitted to SECEX.

3.The concerned parties will receive a notification on the launch of the origin investigation, and may be required to produce relevant document proofs, and fill in a questionnaire. The DEINT may also conduct an on-site inspection. The products will not be allowed to enter into Brazil if the concerned parties fail to co-operate with the DEINT. The DEINT will then present a preliminary analysis to the concerned parties, which are given ten days to submit the final statements. The final determination has to be issued within 150 days from the start of the origin investigation, and the determination remains valid for at least one year.

4.For details, traders are advised to consult their importers in Brazil and/or the above Brazilian Decree (in Portuguese) at: http://pesquisa.in.gov.br/imprensa/jsp/visualiza/index.jsp?data=19/05/2015&jornal=1&pagina=52&totalArquivos=64.

ENQUIRIES

5.For enquiries about the content of this circular, please contact Mr Lewis LAU at telephone number 2398 5405.

Yours faithfully,

(Ms 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.