G/ADP/Q1/BRA/42  
G/SCM/Q1/BRA/42  
G/SG/Q1/BRA/11  
 
10 April 2019  
(19-2317) Page: 1/2 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
Committee on Safeguards  Original: Spanish  
 
 
NOTIFICATIONS OF LAWS AND REGULATIONS UNDER  
ARTICLES 18.5, 32.6 AND 12.6 OF THE AGREEMENTS  
QUESTIONS FROM THE DOMINICAN REPUBLIC  
REGARDING THE NOTIFICATION OF BRAZIL1 
The following communication, dated 8 April 2019, is being circulated at the request of the delegation 
of the Dominican Republic .  
 
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The Permanent Mission of the Dominican Republic to the World Trade Organization and various  
United Nations organizations in Geneva presents its compliments to the Permanent Mission of Brazil 
to the World Trade Organization, and hereby submits the following questions concerning Brazil's notification 
in document G/ADP/N/1/BRA/3/Supp.11 -G/SCM/N/1/BRA/2/Suppl.14 -G/SG/N/1/BRA/3/S uppl.5:  
 
Question  1 
 
Article 1, paragraph 2, provides that in addition to the degree of pulverization of the national 
production of the product concerned and the distribution by size of national producers , the 
investigating authority may consider other factors when determining whether an industry is very 
fragmented . In this respect, will the other factors referred to be pre -defined or will they be come  
known  to the investigating authority on a case -by-case basis? 
 
Question  2 
 
Will investigations conducted by the investigating authority to determine whether industries qualify 
as fragmented be made known to the public  or will steps be taken to avoid publicizing them until a 
decision has been adopted and trade remedy proceedings have been initiated ?  
 
Question  3 
 
Where the qualification of an industry as fragmented is accepted and an application for a trade 
remedy investigation is made, could the investigating authority take into consideration the 
information provided during the fragmented industry qualification process when conducting the 
subsequent investigation procedure ?  
 
                                                
1 G/ADP/N/1/BRA/3/Suppl.1 1-G/SCM/N/1/BRA/2/Suppl. 14-G/SG/N/1/BRA/3/Suppl. 5. G/ADP/Q1/BRA/42 • G/SCM/Q1/BRA/42 • G /SG/Q1/BRA/11  
 
- 2 - 
 
  Question  4 
 
Article  18 of Brazilian Ordinance  No. 41 , which establishes the conditions for Brazil's national 
production to qualif y as fragmented industry, provides that "The applicant shall explain, based on 
the information indicated in article 16 and other information deemed relevant for the examination 
to be conducted by DECOM, how the fragmentary nature of the industry would make it difficult to 
file petition for a trad e remedy investigation within the time limits set forth in the Brazilian trade 
defense regulations and in SECEX acts that regulate trade defense procedures for non -fragmented 
industries. " In this regard, could Brazil please clarify  whether a trade remedy i nvestigation for an 
industry qualified as fragmented is more expeditious  than proceedings  for non -fragmented 
industries?  
 
Question  5 
 
Once a sector has been qualified as a fragmented industry, how often may the investigating authority 
review that qualification ? Could the production sector concerned make use of that qualification  to 
bring another trade remedy investigation procedure ? 
 
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