G/ADP/N/1/BRA/3/Suppl.17  
G/SCM/N/1/BRA/2/Suppl.20  
G/SG/N/1/BRA/3/Suppl.11  
 
4 February 2022 
(22-0871) Page: 1/5 
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  and received on  21 January  2022, is being circulated at the request 
of the delegation of Brazil.  
 
_______________  
 
FEDERAL OFFICIAL GAZETTE  
Published on: 07/28/2021 | Edition: 141 | Section: 1 | Page: 27  
Body: Ministry of Economy/Special Secretariat for Foreign Trade and 
International Affairs/Foreign Trade Secretariat  
 
SECEX ORDINANCE No. 103 OF JULY 27, 2021 (MODIFIED BY SECEX 
ORDINANCE No. 148 OF NOVEMBER 26, 2021)  
 
Regulates the electronic administrative proceeding 
related to trade remedies investigations and 
procedures supported by Decrees No. 1,488 of May 
11, 1995, No. 1,751 of Decembe r 19, 1995, No. 
8,058 of July 26, 2013, and No. 9,107 of July 26, 
2017, SECEX Ordinance No. 41 of July 27, 2018, by 
trade agreements in force in Brazil, and assessments 
of public interest supported by SECEX Ordinance No. 
13 of January 29, 2020, and amends SECEX 
Ordinance No. 13 of January 29, 2020.  
THE SECRETAR IAT OF FOREIGN TRADE OF THE MINISTRY OF ECONOMY in 
compliance with the provision of art. 17, of Law No. 12,995 of June 18, 2014, art. 1 of ME 
Ordinance No. 294 of August 4, 2020, and in use of the att ributions granted by item VIII of 
art. 91 of Decree No. 9,745 of April 8, 2019, decides:  
Art. 1. The Undersecretariat of Trade Remedies and Public Interest of the Foreign 
Trade Secretariat of the Ministry of Economy – SDCOM shall use the Electronic System of 
Information of the Ministry of Economy - SEI/ME to produce, edit, sign, process, receive, and 
terminate electronic proceedings regarding trade remedies investigations and procedures and 
public interest analysis . G/ADP/N/1/BRA/3/Suppl.17 • G/SCM/N/1/BRA/2/Suppl.20 • G/SG/N/1/BRA/3/Suppl.11  
 
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  Paragraph 1. The provis ions of ME Ordinance No. 294 of 2020 shall be applied to 
the Undersecretariat of Trade Remedies and Public Interest 's proceedings, as described in the 
introductory paragraph, except for the specific provisions provided for in this Ordinance.  
Paragraph 2. T he provisions of articles 2, 3, and 9 of this Ordinance are not applied 
to the public interest analysis  supported by SECEX Ordinance No. 13 of January 29, 2020.  
Art. 2. The interested parties shall access the proceedings and send documents 
through its lega l representative duly qualified before the Undersecretariat of Trade Remedies 
and Public Interest . 
Paragraph  1. The legal representatives not duly qualified before the 
Undersecretariat of Trade Remedies and Public Interest shall only be authorized to inter vene on 
proceedings regarding the following actions:  
I - submission of relevant documentation for qualification as legal representative of the 
interested party;  
II - request  of extension of time for delivery answers to the questionnaires;  
III - delivery  answers to the questionnaires and statements on product models ; 
IV - request  for qualification to other interested parties ; 
V - submission  of the proposal of the third country  of the alternative market 
economy;  
VI - statements on the selection of producers or exporters, importers, or types of 
products; and  
VII - statements on the decision of the Undersecretariat of Trade Remedies and 
Public Interest to qualify the national production of determined products as a fragmented 
industry under art. 12 of SECEX Ordinance No. 41 of 2018.  
Paragraph 2. The regularization of the representation to perform the actions 
described in items II to VII of the previous paragraph shall be made in due time provided for in 
the act of the Foreign Trade Secretariat that gives initiation to the corresponding investigation, 
without the possibility of extension . 
Paragraph  3. In the absence of the regularization for the represent ation under the 
terms and conditions according to the paragraph above, these actions shall be considered 
inexistent.  
Art. 3. Under art. 17 of Law No. 12,995 of 2014, all procedural acts regarding 
the investigations and proceedings, mentioned in art. 1, sha ll be digitally signed with the 
use of a digital certificate issued under the Brazilian Public Keys Infrastructure – ICP Brazil 
to maintain the integrity, authenticity, interoperability, and, as appropriate, the 
confidentiality of documents.  
Paragraph 1. F or complying with the provision in the introductory paragraph, 
only the petition of recording is sufficient since it has the List of all documents filed and 
attached. The qualified Legal representative of the interested party shall digitally sign it 
corres ponding with the use of the digital certificate issued in the scope of ICP -Brazil before 
submitting it in the SEI/ME . 
Paragraph  2. The Undersecretariat of Trade Remedies and Public Interest shall 
assume that the submission of documents was made in accordan ce with the introductory 
paragraph, and other interested parties shall argue eventual formal irregularity.  
Paragraph 3. If the submitted documents are not in compliance with the provision 
of the introductory paragraph, the Undersecretariat of Trade Remedie s and Public Interest shall 
require the resubmission  of the same documents, which shall be made within two days as from 
the date of the notice.  
Paragraph 3. If the responsible for such documents mentioned above does not 
comply with the Undersecretariat  of Trade Remedies and Public Interest 's requirement within 
the term specified in the previous paragraph, such documents shall be disregarded.  G/ADP/N/1/BRA/3/Suppl.17 • G/SCM/N/1/BRA/2/Suppl.20 • G/SG/N/1/BRA/3/Suppl.11  
 
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  Paragraph 4. If the resubmission of documents is requested, the date of the first 
protocol shall be considered  to comply with the procedure term . 
Art. 4. The case records of the trade remedies investigations (confidential and 
restricted) and the case records of the public interest analyses (confidential and public) 
mentioned in art. 1 shall be maintained in different el ectronic proceedings in the SEI/ME.  
Paragraph 1. The electronic proceedings having the confidential case records of 
trade remedies shall only be accessible to the Undersecretariat of Trade Remedies and Public 
Interest, and they will have a "restrict " access level under item XVII of art. 3 of Ordinance 
No. 294 of 2020.  
Paragraph  2. The electronic proceedings having the confidential case records of 
public interest shall only be accessible to the Undersecretariat of Trade Remedies and Public 
Interest, an d they will have a "restrict " access level under item XVII of art. 3 of Ordinance 
No. 294 of 2020.  
Paragraph 3. The electronic proceedings having the restricted case records of trade 
remedies shall only be accessible to the Undersecretariat of Trade Remedi es and Public Interest 
and the qualified Legal representatives of the interested parties of the investigation or 
corresponding procedure, and they will have a "restrict " access level under item XVII of art. 3 
of Ordinance No. 294 of 2020.  
Paragraph  4. The electronic proceedings having public case records of public 
interest shall be accessible to the public in general and they will have a "public " access level 
under item XVII of art. 3 of Ordinance No. 294 of 2020.  
Paragraph 5. The external user shall submit  the confidential and restrict documents 
in the scope of the confidential and restrict electronic proceedings referring to the investigations 
and proceedings with a "restrict " access level in the SEI -ME as mentioned in paragraphs 1, 2, 
and 3 of the introdu ctory paragraph, as well as with the "public " access level in the SEI -ME the 
public documents referring to the investigations mentioned in paragraph 4 . 
Paragraph  6. The Undersecretariat of Trade Remedies and Public Interest shall 
grant access to the qualif ied Legal representatives to the electronic proceedings having the 
restricted case records upon request and submission of relevant documentation . 
Art. 5. In addition to the responsibilities under Ordinance No. 294 of 2020, the 
external user is responsible for the proper protocol of documents in the electronic proceedings 
referring to the investigations  and procedures mentioned in the art. 1, being necessary to use 
the option of the interim petitioning for the procedures already in course . 
Paragraph 1. If there is any inconsistency between the content of the submitted 
document and the confidential, restricted, or public nature of the case records where the 
document was filed at SEI/ME, the nature of the case records where the document was recorded 
by the ex ternal user shall prevail.  
Paragraph 2. The disclosing of confidential information by mistake in the recording 
or classification of the document in SEI/ME is of the exclusive responsibility of the external user 
that submitted it . 
Art. 6. The Undersecretari at of Trade Remedies and Public Interest, where 
applicable , could require the original document that had been submitted scanned , which shall 
be delivered in the specific term in the request notice.  
Paragraph 1. If the holder of the document mentioned above  does not comply with 
the requirement of the Undersecretariat of Trade Remedies and Public Interest in due time, the 
scanned document  could be disregarded . 
Paragraph 2. The originals of the scanned documents submitted to the 
Undersecretariat  of Trade Remed ies and Public Interest shall be maintained by its holder until 
the limitation and preemptive periods according to the laws.  
Art. 7. To enable the submission of the samples of products to the 
Undersecretariat of Trade Remedies and Public Interest , the qual ified legal representative of 
the interested party shall describe them in detail and submit such description by SEI/ME.  G/ADP/N/1/BRA/3/Suppl.17 • G/SCM/N/1/BRA/2/Suppl.20 • G/SG/N/1/BRA/3/Suppl.11  
 
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  Paragraph 1. After sending the description mentioned in the introductory 
paragraph, the product  shall be delivered to the Main Protocol department of the Ministry of 
Economy within five business days.  
Paragraph 2. If the delivered sample does not correspond to the submitted 
description, the Undersecretariat of Trade Remedies and Public Interest shall disregard the 
document electronically  submitted and dispose of it.  
Paragraph 3. The interested parties shall have access to the samples delivered at 
the Undersecretariat of Trade Remedies and Public Interest upon previous request to be filed in 
the case records of the corresponding proceeding a nd in a date , time, and place to be 
established by the Undersecretary . 
Paragraph 4. The sample delivered to the Undersecretariat of Trade Remedies and 
Public Interest  during a proceeding of trade remedies shall return to the interested party that 
submitted  upon request made within five business days after the termination of the 
investigation . 
Paragraph  5. If the interested party does not request the return of the samples in 
due time, as mentioned above, the samples will be discarded.  
Art. 8. The terms expiring on the day of the occurrence of the technical 
impossibility of SEI/ME shall be automatically e xtended to the first business day after the 
re-establishment of the system, under paragraph 2 of art. 24 of Ordinance No. 294 of 2020.  
Sole Paragraph . The extension mentioned in the introductory paragraph shall be 
recorded in the case records of the invest igations and procedures in the course.  
Art. 9. As of September 1st, 2021, the electronic proceedings referring to the 
investigations and proceedings of trade remedies mentioned in the art. 1 shall be directly filed 
in SEI/ME, and they shall prosecute exclu sively in this system.  
Paragraph  1. New investigations and procedures of trade remedies filed as of the 
date mentioned in the introductory paragraph shall prosecute exclusively in SEI/ME . 
Paragraph 2. The investigations and procedures of trade remedies alr eady filed 
and/or in course until the said date in the introductory paragraph shall have their case records 
moved to SEI/ME by the Undersecretariat of Trade Remedies and Public Interest, as art. 4 of 
this Ordinance, up to the said date in the introductory paragraph, and its respective interested 
parties shall be notified, and the number of the new corresponding electronic proceedings that 
will are pending in SEI/ME shall be recorded in the case records of the proceeding in the Digital 
Decom System - DDS. 
Paragraph 3. The case records of the investigations and proceedings of trade 
remedies conducted in the Digital Decom System - DDS terminated until the date mentioned 
in the introductory  paragraph shall be moved gradually to SEI, under the availability of the  
Undersecretariat of Trade Remedies and Public Interest . 
Paragraph  4. The Digital Decom System - DDS shall only remain active for 
consultation by the interested and qualified parties until the complete transfer of the case 
records to SEI.  
Art. 10. SECEX Ordinance No. 13 of 2020 shall be in force with the following 
amendments :" 
Art. 8.......................................................................................................  
Paragraph 1. The applicants of the trade remedies investigation c ould submit in 
SEI/ME , since the protocol of its application in this system , information on the 
evaluation of public interest, as the Questionnaire of Public Interest available on the 
internet website of such Ministry.  
..................................... ......... ................. ............................................"(NR)  
 
Art. 11. Ordinance No. 30 of June 07, 2018, of the Foreign Trade Office is revoked.  G/ADP/N/1/BRA/3/Suppl.17 • G/SCM/N/1/BRA/2/Suppl.20 • G/SG/N/1/BRA/3/Suppl.11  
 
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  Art. 12. This Ordinance shall be in force as of September 1st, 2021.  
LUCAS FERRAZ  
 
 
This content does not substitute that published in the certified version.  
 
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