G/ADP/N/1/BRA/3/Suppl.12  
G/SCM/N/1/BRA/2/Suppl.15  
G/SG/N/1/BRA/3/Suppl.6  
 
14 October 2020  
(20-7085) Page: 1/3 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
Committee on Safeguards  
 Original: English  
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES 18.5, 32.6 AND 12.6 OF THE AGREEMENTS  
BRAZIL 
Supplement  
The following notification, dated 14 October 2020, is being circulated at the request of the delegation 
of Bra zil. 
 
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NORMATIVE INSTRUCTION DATED AUGUST 14TH, 2020  
Provides for the adaptations necessary for trade defense investigations and public interest 
evaluations carried out by the Undersecretariat of Trade Defense and Public Interest as a result of 
the new coronavirus (COVID -19) pandemic.  
THE SECRETARY OF FOREIGN TRADE OF THE SPECIAL SECRETARY OF FOREIGN TRADE 
AND INTERNATIONAL AFFAIRS OF THE MINISTRY OF THE ECONOMY, in the use of the powers 
invested upon him by Decree no. 9,745, Attachment I, article 91, item VIII, dated April 8th, 2019,  
Considering that it is public and notorious that, on January 30th, 2020, the World Health Organization 
(WHO) declared a public health emergency situation of global scale due to the new coronavirus 
(COVID -19); 
Considering that, in Brazil, such situati on gave cause not only to a public emergency declaration of 
national importance (Ministry of Health Ordinance no. 188, dated February 3rd, 2020), but also to a 
public calamity declaration resulting from COVID -19 pandemic (Legislative Decree no. 6, dated 
March 20th, 2020, meeting the request made by the President of the Republic, forwarded by 
Message  no. 93, dated March 18th, 2020), as well as to the declaration of coronavirus community 
transmission nationwide (Ministry of Health Ordinance no. 454, dated Mar ch 20th, 2020);  
Considering that the outbreak of the COVID -19 pandemic represents an absolutely unpredictable 
supervening situation with serious outcomes, as well as evident force majeure causes;  
Considering that, due to the pandemic effects and the measur es taken to overcome them, many 
countries have been restricting the access of foreign citizens across their borders in order to avoid 
the virus propagation, as well as adopting isolation or quarantine measures, and that airline 
companies have been announci ng the suspension of international flights, which hinders people 
mobility;  
Considering that the measures taken to combat the COVID -19 pandemic have had an impact, in 
certain aspects, on trade defense and public interest cases carried out by Brazil, special ly regarding G/ADP/N/1/BRA/3/Suppl.12 • G/SCM /N/1/BRA/2/Suppl.15 • G/SG/N/1/BRA/3/Suppl.6  
 
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  on spot verifications and procedures and deadlines established throughout such administrative 
processes;  
Considering that, according to the terms of article 52 combined with articles 175 to 178 of 
Decree  no. 8,058, dated July 26th, 2013, the i nvestigating authority, throughout the course of 
investigations, will seek to check the accuracy of the information provided by the interested parties 
through on spot verification procedures;  
Considering the need to ensure transparency regarding adaptation s that not only will be made to 
procedures concerning trade defense investigations and public interest evaluations carried out by 
Brazil, but also will remain being made while measures to combat the COVID -19 pandemic last;  
INFORMS:  
Article 1. Due to the CO VID-19 pandemic and to measures adopted to combat it, the 
Undersecretariat of Trade Defense and Public Interest (SDCOM) of the Foreign Trade Secretary of 
the Ministry of Economy had to suspend indeterminately the execution of on spot verifications.  
Article  2. Given the permanence of the impossibility to carry out on spot verification procedures, 
SDCOM shall proceed exceptionally with only the detailed analysis of all information sent by the 
interested parties within the scope of trade defense investigations  and public interest evaluations, 
seeking to verify its accuracy based on a compared analysis of information filed by each interested 
party and the data sent by other parties, as well as information mentioned on other sources available 
to the Undersecretar iat, if possible and when applicable.  
Article 3. For that purpose, SDCOM may request complementary additional information to the ones 
contemplated on article 41, paragraph 2, and article 50, paragraph 2, of Decree 8,058 of 2013. In 
addition, according to t he terms of article 179, sole paragraph of the mentioned Decree, SDCOM 
may request elements of proof, such as operation samples contained in petitions and answers to 
questionnaires and specific expense detailing, so that information presented by the intere sted parties 
may be validated.  
Article 4. As usual, it is fundamental that interested parties submit their information in the most 
complete, clear and precise way, complying with all conditions and requirements of data demanded 
on questionnaires and other notices sent by SDCOM. In addition, as usually required, it is essential 
that information presented by interested parties be followed by its respective proof, justification, 
source and methodology used. It is further recommended that auxiliary worksheets a nd documents 
used for the elaboration of such information also be presented to SDCOM.  
Article 5. In case SDCOM observes that the information presented by petitioners demand 
complementary data, corrections or significant adjustments, the respective petition s may be denied, 
in the terms of article 42, paragraph 2, of Decree no. 8,058 of 2013. Similarly, if SDCOM verifies 
that the data and information presented by the petitioner do not enable the confirmation of injury 
to the domestic industry caused by unfair  trade practices, the corresponding administrative process 
shall be terminated, according to article 74, item I, of the mentioned Decree.  
Article 6. If SDCOM verifies that other interested parties denied access to necessary information, did 
not provide it timely, created obstacles to the investigation or did not present the data and 
information requested by the Undersecretariat duly followed by its respective elements of proof, its 
determinations may be totally or partially elaborated based on the best info rmation available, in the 
terms of articles 179 to 184 of  Decree no. 8,058 of 2013.  
Article 7. Considering the measures to combat the COVID -19 pandemic and the impossibility to carry 
out on spot verifications, as well as the fact that the outbreak of COVI D-19 pandemic represents an 
absolutely unpredictable supervening situation with serious outcomes, as well as evident force 
majeure causes, the deadlines set by Decree no. 8,058 of 2013may be suspended according to 
article 67 of Law 9,784, dated January 29th, 1999, in order to ensure a suitable period for collecting 
and analyzing all the information necessary for SDCOM determinations.  G/ADP/N/1/BRA/3/Suppl.12 • G/SCM /N/1/BRA/2/Suppl.15 • G/SG/N/1/BRA/3/Suppl.6  
 
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  Article 8. Eventual suspension of deadlines will be done parsimoniously, taking into consideration 
the needs in each administ rative process, as well as the constitutional principles of reasonability and 
efficiency.  
Article 9. Temporary changes of procedures presented in this document shall apply, whenever 
possible, to public interest evaluations and subsidies and global or bilat eral safeguard investigations 
carried out by Brazil.  
LUCAS FERRAZ  
Foreign Trade Secretary  
 
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