RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/AHG/W/60
19 October 1998
(98-4016)
Committee on Anti-Dumping Practices
Ad Hoc Group on ImplementationOriginal:  English
TOPIC 1*  - ARTICLE 6.5: TREATMENT OF CONFIDENTIAL INFORMATION
TOPIC 3*  - ARTICLE 6.10:  SAMPLING METHOD
TOPIC 4*  – ARTICLE 5.6:  SPECIAL CIRCUMSTANCES
TOPIC 5* - ARTICLE 5.5:  NOTIFICATIO N TO THE EXPORTING MEMBERS
TOPIC  6*  - ARTICLE 6.2:  HEARINGS
TOPIC 7*  - ARTICLE 6.9:  DISCLOSURE OF FINDINGS
TOPIC 8* - ARTICLE 12:  PUBLIC NOTICES
TOPIC 10* - DUTY ASSESSMENTS
Paper by Brazil
The following communication, dated 15 October 1998, has been received from the Permanent
Mission of Brazil.
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Topic 1:  Treatment of Confidential Information
Answered by Brazil in document G/ADP/AHG/W/46.
Topic 3:  Application and implementation of the last sentence of Article 6.10.2 of the Agreement
Article 5.LV of the Brazilian Federal Constitution states that litigants in an administrative
process - which is the case of an anti-dumping investigation – are guaranteed the right of access to
"the adversary system" and a full defence, with the means and resources inherent to it.
The Brazilian legislation that implements the provisions of the WTO Anti-Dumping
Agreement – Decree 1062/95 – reads:
• Art. 26 – All interested parties in an anti-dumping investigation shall be given notice
of the information required and shall have ample opportunity to submit, in writing, all
evidence that they consider relevant in respect of the investigation in question.
• Sole paragraph – Due consideration shall be given to any difficulties encountered by
the interested parties (…) in providing requested information (…).
• Art. 27.2 – Additional or complementary information may be requested or accepted
in writing throughout an investigation.  The time period for providing requested
information shall be stipulated based on the nature of the information and may be
extended when a duly justified request is made.  The time periods for the
                                                     
* See document G/ADP/W/401 for descriptions of the topics.G/ADP/AHG/W/60
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investigation itself must be taken into account both for information that is requested
and for consideration of such additional information submitted.
Therefore, the Brazilian legislation does not inhibit voluntary participation in the course of
the investigation and allows the admission of additional information, which will be considered by theinvestigating authorities, as long as the time limits imposed by Decree 1602/95 are observed.
Topic 4  - Special Circumstances
Any attempt to devise a negative list including situations that do not fit this concept would be
an extremely complex and delicate task.
The only one particular instance when Brazil self-initiated an investigation, was a direct
consequence of the dissolution of the ex-Soviet Union.  Since import statistics were readjusted in
order to identify the countries of origin of the product, Brazil self-initiated an investigation concerning
the newly formed independent countries.  Such a situation was truly exceptional and does not tend to
reoccur.
Topic 5 - Notification to the Exporting Member
As pointed out in document G/ADP/AHG/W/46, dated April 20th 1998, when the Brazilian
investigating authority considers that the applicat ion contains sufficient information to allow an
analysis of the petition, the Embassy of the exporting country is notified that the Brazilian
government received a properly documented applic ation requesting the opening of the investigation
(Art. 5.5 of the ADP Agreement).
Such notification informs the name of the enterprise or entity that presented the petition, the
product whose imports are under examination, and the country or countries of origin.
Since a decision has not yet been taken on whether or not an investigation should be opened,
the Brazilian investigating authorities do not inform the names of exporters or producers in that
notification.  In this regard, the Brazilian governme nt also bears in mind that Article 5.5 of the Anti-
Dumping Agreement determines that the authorities shall avoid any publicising of the application for
the initiation of an investigation, "unless a decision has been made to initiate an investigation".
The names of exporters may be included in the notification provided for in Article 6.1.3 of the
ADP Agreement.
Topic 6 - Hearings
Answered by Brazil in document G/ADP/AHG/W/46.
Topic 7 - Provision of Essential Facts
Answered by Brazil in document G/ADP/AHG/W/18.
Topic 8 - Public Notices – Internet Web-Sites
The Department of Trade Defence (DECOM) of  the Foreign Trade Secretariat (SECEX) – a
body of the Ministry of Industry, Trade, and Tourism (MICT) - has a home page that may be accessed
at the Internet address http://www.mict.gov.br.  Th is page is still being developed but it already
contains information on the Brazilian trade defence legislation, petition outlines, and a brief
description of each available mechanism (safegua rd, anti-dumping, and countervailing measures).G/ADP/AHG/W/60
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The site also provides DECOM's organisational chart, its legal competence, and the name and address
of area directors.
An e-mail address is also available for further inquiries decom@secex.mict.gov.br.
This home page may also direct the visitor to information on other Departments of SECEX,
where he may obtain data concerning: the Brazilian foreign trade legislation, export-import statistics,
SECEX informative bulletins, MERCO SUL, international negotiations, legal responsibilities of MICT
and SECEX, and useful addresses.
There are plans to make available investigation data and statistics, as well as to permit on-line
access by the general public and interested parties, who would then be able to follow thedevelopments of an investigation on the Internet.
Topic 10 - Duty Assessments
The Brazilian legislation does not provide for a specific refund procedure concerning anti-
dumping or countervailing duties.  When necessary, the authorities follow the general rule applied for
tax refunds, which is covered by Normative Instruction 21, issued on 10 March 1997 by the Federal
Revenue Secretariat.
The Federal Revenue Secretariat authority with jurisdiction over the "fiscal residence" of the
taxpayer examines the refund requested and decides on its approval.  The appropriate form - "Request
for Refund" ( Pedido de Restituição ) - is included in Annex I of Normative Instruction 21.
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