G/ADP/N/1/BRA/3/Suppl.19  
G/SCM/N/1/BRA/2/Suppl.21  
G/SG/N/1/BRA/3/Suppl.12  
 
5 August 2022  
(22-5848) Page: 1/13 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
Committee on Safeguards    
 
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 29 July 2022, is being circulated at the request of 
the delegation of Brazil.  
 
_______________  
 
MINISTRY OF ECONOMY  
SPECIAL SECRETARIAT FOR FOREIGN TRADE AND INTERNATIONAL AFFAIRS  
ORDINANCE N. 162, OF 6 JANUARY, 2022.  
Provides for the general rules used in trade remedies 
proceedings provided for in Decrees N. 1,488 of 
11 May, 1995, N. 8,058 of 26 July, 2013, N. 9,107 of 
26 July, 2017 and N. 10,839 of 18 October, 2021, and in the 
commercial agreements in force in Brazil, until then 
supported by Ordinance N. 41, of 27 July, 2018, in 
Ordinance  N. 21, of 30  March, 2020, in Ord inance N. 103, of 
27 July, 2021, in Normative Instruction N. 3 of 
22 October,  2021 and in Ordinance N. 150 of 
26 November,  2021, for the purpose of complying with 
Decree  N. 10,139 of 28 November, 2019.  
THE SECRETARY OF FOREIGN TRADE, OF THE MINISTRY OF ECONOMY, in the use of the powers 
conferred on him by item VIII of article 91 of Annex I of Decree N. 9,745, of 8 April, 2019, considering 
the powers of the Undersecretariat for Trade Remedies and Public I nterest established in article  96 
of Annex I of Decree N. 9,745, of 2019, for the purposes of compliance with Decree N. 10,139, of 
28 November,  2019, decided that:  
CHAPTER  I 
GENERAL PROVISIONS  
Article 1. The regulation of the general rules used in trade re medies proceedings on the electronic 
administrative process in the Electronic Information System (SEI/ME), on the procedure of the 
optional phase of the pre -application, on notifications and communications to interested parties 
within the scope of proceedi ngs of trade remedies, on the qualification of the national production of 
a certain product as a fragmented industry and on the necessary adaptations to the procedures of 
the trade remedies investigations that are under the management of the Undersecretari at for Trade 
Remedies and Public Interest, will comply with the provisions of this Ordinance.  G/ADP/N/1/BRA/3/Suppl.19 • G/SCM/N/1/BRA/2/Suppl.21 • G/SG/N/1/BRA/3/Suppl.12  
 
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  CHAPTER II  
ELECTRONIC INFORMATION SYSTEM - SEI 
Article 2. This chapter regulates the electronic administrative process related to investigations and 
trade remedie s procedures supported by Decrees N. 1,488, of 11 May, 1995, N. 1,751, of 
19 December, 1995, N. 8,058, of 26 July, 2013, and N. 9,107, of 26 July, 2017, and by trade 
agreements in force in Brazil, and to assessments of public interest supported by Ordinanc e N. 13, 
of 29 January, 2020.  
Section I  
General instructions  
Article 3. The Undersecretariat for Trade Remedies and Public Interest shall use the Electronic 
Information System of the Ministry of Economy - SEI/ME to produce, edit, sign, process, receive and  
conclude the electronic processes related to investigations and trade remedies procedures.  
Paragraph 1. The ME Ordinance number 294 of 2020, will have subsidiary application to the specific 
provisions foreseen in this Ordinance.  
Paragraph 2. Articles 4 and 5 of this Rule do not apply to assessments of public interest disciplined 
by Ordinance N.  13, issued on January 29th, 2020.  
Article 4. The access to the processes and the sending of documents by the interested parties will 
be made through a legal representative authorized by the Undersecretariat for Trade Remedies and 
Public Interest.  
Paragrap h 1. The intervention of legal representatives who are not enabled by the Undersecretariat 
for Trade Remedies and Public Interest in the processes will only be allowed in the following acts:  
I - submission of pertinent documentation for qualification as le gal representative of interested 
party;  
II - request for an extension of time to present answers to the questionnaires;  
III - presentation of answers to questionnaires and manifestations about product models;  
IV - request for qualification of other parties  that consider themselves interested;  
V - submission of a proposal from a third alternative market economy country;  
VI - comments on the selection of producers or exporters, importers or product types; and  
VII - manifestations on the decision of the Unders ecretariat for Trade Remedies and Public Interest 
to qualify the national production of a certain product as a fragmented industry, under the terms of 
Article  49 of this Ordinance.  
Paragraph 2. The regularization of the qualification of the representatives  that perform the acts 
described in items II to VII of the previous paragraph must be made within the term foreseen in the 
act of the Secretariat of Foreign Trade that initiates the corresponding investigation, without the 
possibility of extension.  
Paragraph 3. The absence of regularization of the representation within the deadlines and conditions 
foreseen in the previous paragraph will cause the acts to be considered null.  
Article 5. Under the terms of article 17 of Law N. 12,995, of on 18 June, 20 14, all procedural acts of 
the investigations and procedures referred to in article 3 must be digitally signed with the use of a 
digital certificate issued by the Brazilian Public Key Infrastructure - ICP-Brazil, in order to maintain 
the integrity, authent icity, interoperability and, when necessary, the confidentiality of the 
documents.  
Paragraph 1. In order to comply with the Caput,  it is enough that only the joining petition, provided 
it contains a list of all documents filed and attached, be digitally si gned by a qualified legal 
representative of the corresponding interested party with the use of a digital certificate issued by 
ICP-Brazil before it is sent to SEI/ME.  
Paragraph 2. The Undersecretariat for Trade Remedies and Public Interest  will assume that  the 
submission of the documents was done in accordance with the provisions in the Caput , being up to 
the other interested parties to argue about any formal irregularity.  G/ADP/N/1/BRA/3/Suppl.19 • G/SCM/N/1/BRA/2/Suppl.21 • G/SG/N/1/BRA/3/Suppl.12  
 
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  Paragraph 3. If the submitted documents do not comply with the head provision, the 
Undersecretariat for Trade Remedies and Public Interest will request the resubmission of the same 
document, which must be delivered within two days, as of the date of acknowledgement.  
Paragraph 4. In case the responsible for the documents indicated on the pr evious paragraph does 
not answer to the Undersecretariat for Trade Remedies and Public Interest request in the period 
specified on the previous paragraph, such documents will be disregarded.  
Paragraph 5. In cases in which a resubmission of documents is re quested, the date of the first 
protocol will be considered for the purposes of compliance with procedural terms.  
Article 6. The records of trade remedies investigations (confidential and restricted) referred to in 
article 3 will be kept in distinct electro nic processes in SEI/ME.  
Paragraph 1. The electronic processes containing confidential trade remedies records will be 
accessible only to the Undersecretariat for Trade Remedies and Public Interest and will have a 
"restricted" access level, pursuant to item  XVII of article 3 of Ordinance N. 294, of in 2020.  
Paragraph 2. The electronic processes containing the restricted trade remedies records will be 
accessible to the Undersecretariat for Trade Remedies and Public Interest and to the authorized legal 
represe ntatives of the interested parties of the investigation or corresponding procedure and will 
have a "restricted" access level, pursuant to item XVII of article 3 of Ordinance N. 294, of 2020.  
Paragraph 3. The external user must submit confidential and restr icted documents within the scope 
of confidential and restricted electronic processes referring to investigations and procedures referred 
to in paragraphs 1 and 2 of the Caput  with a "restricted" access level in the SEI -ME. 
Paragraph 4. The access of author ized legal representatives to the electronic processes containing 
the restricted records will be granted by the Undersecretariat for Trade Remedies and Public Interest, 
upon request and presentation of the relevant documentation.  
Article 7. In addition to the responsibilities provided for in Ordinance N. 294, of 2020, the external 
user is responsible for the correct protocol of documents in electronic processes referring to 
investigations and procedures referred to in article 3, and the intercurrent petitio n must necessarily 
be used in ongoing processes.  
Paragraph 1. In the event of inconsistency between the content of the document sent and the 
confidential, restricted or public nature of the records in which the document was filed with SEI/ME, 
the nature of  the records in which the document was filed by the external user will prevail.  
Paragraph 2. The disclosure of confidential information due to an error in the filling or classification 
of the document in the SEI/ME is the exclusive responsibility of the ex ternal user who submitted it.  
Article 8. The Undersecretariat for Trade Remedies and Public Interest, whenever it deems it 
necessary, may request the original document that has been submitted scanned, which must be 
delivered within the period specified in the request communication.  
Paragraph 1. If the holder of the document indicated in the previous paragraph does not comply 
with the Undersecretariat for Trade Remedies and Public Interest request within the specified period, 
the scanned document may be disr egarded.  
Paragraph 2. The originals of digitized documents that are submitted to the Undersecretariat for 
Trade Remedies and Public Interest must be preserved by their holder until the statute of limitations 
and statute of limitations established in the sp ecific laws occur.  
Article 9. To enable the presentation of product samples to the Undersecretariat for Trade Remedies 
and Public Interest, the interested party's authorized legal representative must describe the sample 
in detail and submit the description  through the SEI/ME.  
Paragraph 1. After sending the description indicated in the Caput , the product must be presented 
in the Central Protocol of the Ministry of Economy within 5 (five) business days.  
Paragraph 2. If the submitted sample does not correspond to the submitted description, the 
Undersecretariat for Trade Remedies and Public Interest will disregard the electronically submitted 
document and discard the submitted sample.  
Paragraph 3. Interested parties will have access to the samples deli vered to the Undersecretariat for 
Trade Remedies and Public Interest upon prior request to be filed in the records of the corresponding 
process and at a date, time and place to be established by the Undersecretariat.  G/ADP/N/1/BRA/3/Suppl.19 • G/SCM/N/1/BRA/2/Suppl.21 • G/SG/N/1/BRA/3/Suppl.12  
 
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  Paragraph 4. Samples delivered to the U ndersecretariat for Trade Remedies and Public Interest in 
the course of a trade remedies process will be returned to the interested party that presented them, 
upon request made within five working days after the investigation is closed.  
Paragraph 5. If the  interested party does not request a refund within the period specified in the 
previous paragraph, the samples will be discarded.  
Article 10. The deadlines that expire on the day of any  occurrence of technical impossibility of the 
SEI/ME system will be au tomatically extended to the first business day following the one on which 
the system is restored, pursuant to Paragraph 2 of article 24 of Ordinance N. 294 of in 2020.  
Sole paragraph. The extension referred to in the Caput  will be recorded in the records o f ongoing 
investigations and procedures.  
Article 11. Electronic processes referring to investigations and trade remedies procedures referred 
to in article 3 must be filed directly with the SEI/ME and will be processed only in that system.  
Sole Paragraph. T he Digital Decom System - SDD will remain active only for consultation purposes 
by interested and qualified parties.  
Article 12. Doubts and requests for clarification must be sent to the Undersecretariat for Trade 
Remedies and Public Interest through the electronic address sdcom@economia.gov.br, and can be 
analyzed in the Guide to the Electronic Process (SEI) in Trade remedies, available on the Ministry of 
Economy website.  
CHAPTER III  
PRE-APPLICATION  
Article 13. This chapter regulates the optio nal pre -application step  within the scope of original 
investigations, reviews and other trade remedies procedures provided for in Decrees N. 8,058, 
of 2013, N. 1,751, of 19 December, 1995, and N. 1,488, of 1995, in Ordinance N. 41, of 
27 July, 2018, and i n trade agreements in force in Brazil.  
Section I  
General instructions  
Article 14. For the purposes of this ordinance, the optional step, of a consultative and non -binding 
nature, prior to the submission of a request or petition to initiate original investi gations, reviews and 
other trade remedies procedures provided for in Decrees N. 8,058, of 2013, N. 10,839, of 
18 October, 2021, and N. 1,488, of 1995, in this Ordinance, and in the commercial agreements in 
force in Brazil.  
Sole Paragraph. The pre -applicati on does not consist of a request or initiation petition, does not 
entail the formal initiation of the administrative process related to original investigations, revisions 
or other procedures provided for in the decrees, in the ordinance and in the aforemen tioned 
commercial agreements, and will not be part of the records of any process administration later 
started.  
Article 15. The pre -application must be filed with the Undersecretariat for Trade Remedies and Public 
Interest, via the Ministry of Economy's Ele ctronic Information System – SEI/ME.  
Article 16. The protocol referred to in article 15 must be carried out at least one month prior to the 
maximum date for submission of the request or initiation request referring to the original 
investigation, review or other procedure.  
Article 17. The pre -application must be filed confidentially, pursuant to article 47 of Decree N. 8,058, 
of 2013, of article 42 of Decree N. 10,839, of 2021, of Paragraph 6 of article 3 of Decree N. 1,488, 
of 1995 and of article 41 of this  Ordinance.  
Article 18. In addition to the responsibilities provided for in Ordinance N. 294, of 2020, the external 
user is responsible for the correct protocol of documents in electronic processes related to 
investigations and procedures referred to in ar ticle 12, and the intercurrent petition must necessarily 
be used in ongoing processes.  
Article 19. The pre -complainant may request meetings with the Undersecretariat for Trade Remedies 
and Public Interest regarding the pre -claim.  G/ADP/N/1/BRA/3/Suppl.19 • G/SCM/N/1/BRA/2/Suppl.21 • G/SG/N/1/BRA/3/Suppl.12  
 
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  Article 20. The information presented in the pre -application will not bind the pre -complainant in 
subsequent procedural stages of the original investigations, reviews and other trade remedies 
procedures.  
Article 21. Failure to submit the pre -application will not be used t o the detriment of the petitioner 
when analyzing the petition to initiate original investigations, revisions and other trade remedies 
procedures.  
Article 22. The submission of pre -claims dealt with in this Ordinance does not oblige the 
Undersecretariat for  Trade Remedies and Public Interest  to carry out the analysis.  
Article 23. The analysis of pre -applications filed in accordance with the provisions of article 13 will 
depend on the availability of the Undersecretariat for Trade Remedies and Public Interest , which 
may respond informing, among other reasons, the lack of operational capacity.  
Article 24. If there is no manifestation by the Undersecretariat for Trade Remedies and Public 
Interest within 10 (ten) days from the date of the protocol, it will be ass umed that the pre -application 
will not be analyzed, as a tacit rejection of the analysis by the Undersecretariat for Trade Remedies 
and Public Interest.  
Article 25. The Undersecretariat for Trade Remedies and Public Interest will prioritize the analysis of  
pre-claims submitted by fragmented industries related to original investigations, reviews or other 
trade remedies procedures, pursuant to Paragraph 1 of article 1 of Decree N. 9,107 of 2018, as well 
as pre -claims related to requests for authorization of t he national production of a certain product as 
a fragmented industry for trade remedies purposes, under the terms of this Secretariat of Foreign 
Trade ordinance.  
Article 26. The Undersecretariat for Trade Remedies and Public Interest will forward impressio ns and 
doubts about the information contained in the pre -application, to the party that filed it, via SEI/ME, 
on a confidential basis.  
Article 27. Impressions and doubts made by the Undersecretariat for Trade Remedies and Public 
Interest will not bind it, under any circumstances, in the original investigation, review or other 
procedure corresponding to the pre -claim in question.  
Article 28. The Undersecretariat for Trade Remedies and Public Interest will not anticipate the merits 
analysis and will not pass judgment on the chances of the petition being accepted.  
CHAPTER IV  
NOTIFICATIONS AND COMMUNICATIONS TO INTERESTED PARTIES IN SCOPE OF TRADE 
REMEDIES PROCEEDINGS  
 
Article 29. This chapter provides for notifications and communications to interested parties w ithin 
the scope of trade remedies proceedings provided for in Decrees N. 8,058, of 2013, N. 1,751, of 
19 December, 1995, and N. 1,488, of 1995, and in commercial agreements in force in Brazil.  
 
Section I  
Notifications of instructed petition  
Article 30. In the trade remedies proceedings provided for in Decrees N. 8,058, of 2013, N. 10,839, 
of 2021 and N. 1,488, of 1995, and in commercial agreements in force in Brazil, in which it is 
necessary to send a notification of the existence of a duly instructed to  the government of the 
exporting country, the Undersecretariat for Trade Remedies and Public Interest will transmit this 
notification, via electronic mail, to the official representation of that country in Brazil, before the 
publication of the act that wil l initiate the referred process.  
Sole Paragraph. In the event that there is no official representation in Brazil, official communications 
with foreign interested parties will be transmitted with the help of the Ministry of Foreign Affairs.  G/ADP/N/1/BRA/3/Suppl.19 • G/SCM/N/1/BRA/2/Suppl.21 • G/SG/N/1/BRA/3/Suppl.12  
 
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Section II  
Notifications of initiation  
Article 31. Interested parties will be notified of the commencement of trade remedies proceedings 
provided for in Decrees N. 8,058, of 2013, N. 10,839, of 2021, and N. 1,488, of 1995, and in the 
commercial agreements in force in  Brazil by electronic mail.  
Paragraph 1. For the purposes of the notifications provided for in the caput, the Undersecretariat for 
Trade Remedies and Public Interest will identify the electronic addresses of interested parties based, 
preferably, on the reg istration data maintained by the Special Secretariat of the Federal Revenue of 
Brazil of the Ministry of Economy.  
Paragraph 2. The notifications provided for in the Caput  intended for governments of countries 
exporting the product object of the trade remed ies process will be transmitted, via electronic mail, 
to the official representation of these countries in Brazil, subject to the provisions of the sole 
paragraph of article 30, and will contain a list of foreign producers or exporters identified by the 
Undersecretariat for Trade Remedies and Public Interest as interested parties.  
Paragraph 3. The Undersecretariat for Trade Remedies and Public Interest will register in the records 
of the corresponding trade remedies process the name and, when applicable, th e number of the 
National Register of Legal Entities of the interested parties that could not be notified as provided for 
in the Caput,  due to the lack of information about their addresses. electronic addresses or the 
incorrectness of the electronic address es available and identified by this Secretariat.  
Article 32. The data and information necessary for the investigation of trade remedies processes, as 
well as the form and deadline for their presentation, will be included in the Secretariat of Foreign 
Trade  act that initiates the corresponding trade remedies process.  
 
Section III  
Other notifications and communications  
Article 33. Once the trade remedies process has started, the Undersecretariat for Trade Remedies 
and Public Interest will electronically trans mit to interested parties the notifications and 
communications regarding the other actions carried out within the scope of this process, through:  
I - Electronic Information System – SEI/ME; and  
II - electronic e -mail, subject to the provisions of the sole paragraph of article 31 and in Paragraph 
1 of article 32.  
Sole Paragraph. The provisions of the Caput  do not apply to the interested parties referred to in 
Paragraph 3 of article 32, except in cases where these interested parties enable legal representativ es 
within the scope of the trade remedies process in question or indicate an electronic address through 
which they wish to receive the notifications provided for in the Caput . 
Article 34. The Undersecretariat for Trade Remedies and Public Interest will ass ume that the 
interested parties will be aware of the documents transmitted electronically under the terms of this 
Ordinance 3 (three) days after the date of transmission, as provided for in article 19 of 
Law N. 12,995, of 2014.  
 
CHAPTER V  
ENABLING NATIONAL  PRODUCTION OF A CERTAIN PRODUCT AS A FRAGMENTED 
INDUSTRY FOR TRADE REMEDIES PURPOSES  
 
Article 35. This chapter provides the information necessary for the qualification of the national 
production of a certain product as a fragmented industry for trade remedies purposes, according to 
Decree N. 9,107, of 2017.  G/ADP/N/1/BRA/3/Suppl.19 • G/SCM/N/1/BRA/2/Suppl.21 • G/SG/N/1/BRA/3/Suppl.12  
 
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  Section I  
General instructions  
Article 36. In trade remedies investigations involving fragmented industries, the deadlines for filing 
petitions and additional information to petitions and for analyz ing information submitted by 
industries will be determined by the competent investigative authority, within the scope of each 
process, considering the specifics of each fragmented sector of national industry and the principles 
of proportionality and reason ableness.  
Paragraph 1. A fragmented industry is considered to be one that involves a large number of domestic 
producers.  
Paragraph 2. It will be up to the investigating authority to determine whether the national production 
of the product in question fits as a fragmented industry.  
Paragraph 3. The determination referred to in Paragraph 2 will be motivated and will take into 
account, among other factors, the degree of spraying of national production of the product in 
question and its distribution by size of national producers.  
Paragraph 4. The act that initiates the trade remedies investigation must contain the determination 
of the investigating authority, pursuant to Paragraph 2 and 3.  
Article 37. An act of the Secretariat of Foreign Trade will establish the  information to be included in 
the petitions to be presented by or on behalf of the investigated fragmented industry, in each trade 
remedies investigation, and the form of its presentation, observing the requirements foreseen in the 
pertinent Brazilian reg ulations.  
Article 38. The qualification of the national production of a certain product as a fragmented industry 
will be the Undersecretariat for Trade Remedies and Public Interest responsibility, observing the 
provisions of this chapter.  
Article 39. The q ualification procedure to which article 38 refers must be concluded before presenting 
the trade remedies investigation petition.  
Paragraph 1. The qualification as a fragmented industry must be requested by:  
I - domestic producers of the like product or cla ss entity representing them, in cases of dumping or 
actionable subsidy investigations; or  
II - domestic producers of the like or directly competing product or class entity that represents them, 
in cases of investigation aiming the application of safeguard measure.  
Paragraph 2. The request referred to in this article must be prepared in accordance with the 
provisions of chapter III.  
Article 40. Requests for qualification may be rejected if they do not meet the requirements provided 
for in this regulation, or  require corrections, adjustments, or significant additional information that 
cannot be presented under the terms of article 48, Paragraph 2 of this regulation.  
Article 41. All information submitted must be accompanied by relevant evidence, justification, and 
the sources and methodologies used.  
Paragraph 1. The Undersecretariat for Trade Remedies and Public Interest may use information 
contained in registers or databases of government entities or of a public character to make the final 
decision.  
Paragraph 2 . The Undersecretariat for Trade Remedies and Public Interest may perform on -the-spot 
verification in order to confirm the information presented to justify the request for qualification of 
national production of a certain product as a fragmented industry.  
Article 42. A confidential and a non -confidential version of the request must be filed simultaneously.  
Article 43. Documents filed without "confidential" or "restricted" indication are presumed to be 
public.  
Article 44. The authorization of the national pr oduction of a given product as a fragmented industry 
will remain valid until a decision to the contrary by the Undersecretariat for Trade Remedies and 
Public Interest.  
Article 45. The request for qualification as a fragmented industry must be filed with th e Electronic 
Information System - SEI/ME.  G/ADP/N/1/BRA/3/Suppl.19 • G/SCM/N/1/BRA/2/Suppl.21 • G/SG/N/1/BRA/3/Suppl.12  
 
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  Article 46. Queries s and requests for clarification must be sent to the Undersecretariat for Trade 
Remedies and Public Interest through the electronic address: sdcom@eco nomia.gov.br . 
 
Section II  
Qualification procedure  
 
Article 47. The start date of the qualification procedure as a fragmented industry will be the filling 
date of your application.  
Article 48. The request for qualification as a fragmented industry will be analyzed within 15 (fifteen) 
days, counting from the date of its protocol.  
Paragraph 1. If the request is duly instructed and no additional information is required, the applicant 
shall be notified, at the end of the analysis period indicated in the Capu t, of the Undersecretariat 
for Trade Remedies and Public Interest decision and its rationale.  
Paragraph 2. If necessary, a request for complementary information will be sent to the applicant, 
who must present it within 5 (five) days as of the date of ackno wledgement of the request, which 
can be extended, upon request and provided it is duly justified, for the same period.  
Paragraph 3. The additional information presented by the applicant will be analyzed within a period 
of 10 (ten) days as of the date it is  received.  
Paragraph 4. At the end of the period described in Paragraph 3, the applicant will be notified of the 
Undersecretariat for Trade Remedies and Public Interest decision and its rationale, within two 
working days.  
Paragraph 5. Once the qualificatio n is granted, the petition of the respective trade remedies 
investigation must be presented in accordance with the deadline defined by the Undersecretariat for 
Trade Remedies and Public in the notification referred to in Paragraph 1 and 4 of this article, which 
will never be longer than ten months from the closing of the investigation period referred to in 
article  54 of this ordinance.  
Paragraph 6. If the petition for the respective trade remedies investigation is not presented within 
the period defined by the Undersecretariat for Trade Remedies and Public Interest , as provided for 
in Paragraph 5 of this article, a new qualification as a fragmented industry for the national production 
of the product in question must be requested.  
Paragraph 7. If the qualific ation is rejected, the petition for the respective trade remedies 
investigation must be prepared using exclusively the format present in the Secretariat of Foreign 
Trade acts that regulate the trade remedies procedures for non -fragmented industries.  
Article 49. Once the trade remedies investigation has been initiated, the interested parties of the 
referred procedure may appeal against  the Undersecretariat for Trade Remedies and Public 
Interest  's decision to enable the national production of the product in  question as a fragmented 
industry within thirty days from the publication of the Secretariat of Foreign Trade Circular initiating 
the respective investigation.  
Paragraph 1. The information presented on appeal must be accompanied by relevant evidence, 
justification and the sources and methodologies used.  
Paragraph 2. The domestic industry, whose production of the product object of the trade remedies 
investigation has been qualified as a fragmented industry, may present its counter -refutation within 
fifteen days, as of the end of the term referred to in the Caput . 
Paragraph 3. The reconsideration or not of the Undersecretariat for Trade Remedies and Public 
Interest  decision regarding the qualification as a fragmented industry, considering all the elements 
of proof brought by the interested parties, will be informed within sixty days from the end of the 
term referred to in Paragraph 2.  
Paragraph 4. In case the decision referred to in the Caput  is reconsidered, the trade remedies 
investigation will be immediatel y closed, without analysis of the merit.  
Article 50. In consonance with the provisions in article 44 of this rule, the qualification of national 
production of a certain product as a fragmented industry may be used for the petitioning of other G/ADP/N/1/BRA/3/Suppl.19 • G/SCM/N/1/BRA/2/Suppl.21 • G/SG/N/1/BRA/3/Suppl.12  
 
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  trade remedie s procedures after the term foreseen in the Paragraph 5 of article 48 of this rule, 
through previous consultation to the Undersecretariat for Trade Remedies and Public Interest  . 
Paragraph 1. The consultation referred to in the Caput  will be made by means of a document sent 
to the Undersecretariat for Trade Remedies and Public Interest  and must contain the decision 
referred to in the Caput of article 49 and the information mentioned in article 52, in item XII of 
article 53 and in arts. 54 and 55 of this ord inance.  
Paragraph 2. The Undersecretariat for Trade Remedies and Public Interest  will decide about the use 
of the previous qualification within fifteen days as of the consultation protocol referred to in the head 
of this article.  
Paragraph 3. At the end of the period indicated in Paragraph 2, the applicant will be notified of the 
Undersecretariat for Trade Remedies and Public Interest  decision and the period for protocol of its 
petition.  
Article 51. The Undersecretariat for Trade R emedies and Public Interest , ex officio or at the request 
of any interested party of a trade remedies investigation initiated under the terms of this ordinance, 
to submit a written petition with indications that the circumstances that justified the qualifi cation of 
the national production of a certain product as a fragmented industry have changed, may initiate a 
review procedure in order to decide on the fragmentary character granted.  
Section III  
Content of the qualification request  
 
Article 52. The applica tion for qualification as a fragmented industry will indicate:  
I - information regarding the company name, full address, telephone number and e -mail address of 
the applicant;  
II - name, function, full address, telephone and electronic address of the legal representative 
authorized by the Undersecretariat for Trade Remedies and Public Interest;  
Article 53. The application for qualification as a fragmented industry must contain, in relation to the 
domestic like product or, in cases of investigation with a view to applying a safeguard measure, to 
the like product or to the directly competing product, the following information regarding the 
calendar year prior to the of the submissi on of the request, which may, exceptionally and provided 
that duly justified, be prior to this period:  
I - detailed description, specifying, as applicable: raw material(s), chemical composition, physical 
characteristics, standards and technical specificati ons, production process, uses and applications, 
degree of substitutability and distribution channels;  
II - other characteristics considered relevant with a view to identifying the product produced by the 
applicant;  
III - indication of the item(s) of the ME RCOSUR Common Nomenclature (NCM) in which the product 
is normally classified;  
IV - number of national producers or their estimate;  
V - volume of national production or its estimate;  
VI - sales volume in the Brazilian market or its estimate;  
VII - distribut ion of national producers by size or their estimate, based on revenue or number of 
employees, or based on a criterion commonly adopted in the producing sector;  
VIII - geographic distribution of national producers or their estimate;  
IX - existence of an ass ociation or class entity of national producers and number of associated 
companies;  
X - list of known national producers;  
XI - individualized production of the known national producers referred to in item X of the Caput  or, 
if this is not possible, the indi vidualized production of the largest known national producers;  G/ADP/N/1/BRA/3/Suppl.19 • G/SCM/N/1/BRA/2/Suppl.21 • G/SG/N/1/BRA/3/Suppl.12  
 
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  XII - indication of the period considered necessary for filing the petition referred to in Paragraph 5 
of article 48 of this ordinance.  
Paragraph 1. The information listed in the Caput  is not a n exhaustive list and none of them, alone 
or together, will necessarily be able to provide a decisive indication.  
Paragraph 2. The information listed in the Caput must be presented together with the respective 
elements of proof.  
Paragraph 3. Must the information listed in the Caput be presented based on estimates, the applicant 
must observe the provisions of article 53 of Decree N. 8,058, of 2013 and article 49 of 
Decree  N. 10,839, of 2021.  
Paragraph 4. If it is not possible to individually identify th e production of the product, the data may 
be submitted based on the production of the group or range of products which, defined as narrowly 
as possible, includes the domestic like product or, in cases of investigation for the application of 
safeguard measu re, the like or directly competing product, and for which the necessary data can be 
submitted.  
Article 54. The request for qualification as a fragmented industry must indicate the period with which 
the petition referred to in the Caput  of article 39 of thi s Ordinance, relating to:  
I - the investigation of damage or threat of damage, in the case of investigations of dumping or 
actionable subsidies; or  
II - the investigation of serious damage or threat of serious damage, in cases of investigation with 
a view to the application of a safeguard measure.  
Article 55. Based on the information indicated in article 53 and in others that it may deem relevant 
for the purposes of the Undersecretariat for Trade Remedies and Public Interest  analysis, the 
applicant must exp lain how the fragmented nature of the industry would make it difficult to present 
a trade remedies investigation petition within the deadlines provided for in Brazilian trade remedies 
regulations and under the terms of the Undersecretariat for Trade Remedi es and Public Interest  acts 
that regulate trade remedies procedures for non -fragmented industries.  
Paragraph 1. The Undersecretariat for Trade Remedies and Public Interest  will observe the 
explanation presented by the applicant under the terms of the Caput , when considering the trade 
remedies investigation petition filed under the terms of Paragraph 1 and 4 of article 48 or of article  50 
of this ordinance.  
Paragraph 2. In the event that the factors that motivated the qualification of a certain national 
production as a fragmented industry are not verified by the Undersecretariat for Trade Remedies 
and Public Interest  in the assessment referred to in Paragraph 1, the trade remedies investigation 
petition may be rejected, as well as the qualification of the nat ional production as a fragmented 
industry under the terms of article 44 of this ordinance.  
CHAPTER VI  
NECESSARY ADAPTATIONS TO TRADE REMEDIES INVESTIGATION PROCEDURES  
Article 56. This chapter provides for the necessary adaptations to the procedures of trade remedies 
investigations and public interest assessments conducted by the Undersecretariat for Trade 
Remedies and Public Interest as a result of the new coronavirus (COVID -19) pandemic.  
Section I  
Carrying out on -the-spot verifications  
Article 57. Considering the evolution of the COVID -19 pandemic, preference will be given to on -the-
spot verification procedures provided for in articles 175 to 178 of Decree N. 8,058, of 2013, 
provided that the conditions of article 58 of this ordinance, and , if this is not possible,  the 
Undersecretariat for Trade Remedies and Public Interest  will carry out verification of evidence, 
pursuant to arts. 59 to 67 of this ordinance.   
Article 58. Carrying out the on -the-spot verification procedures provided for in  arts. 175 to 178 
of Decree N. 8,058, of 2013, will depend on the fulfillment of the following conditions:  
I – compliance with the current rules of the Ministry of Economy on travel by its employees;  
II – availability of servers to carry out the procedures  in the Caput;  G/ADP/N/1/BRA/3/Suppl.19 • G/SCM/N/1/BRA/2/Suppl.21 • G/SG/N/1/BRA/3/Suppl.12  
 
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  III – availability of employees of the verified parties, in Brazil or abroad, to receive on -the-spot 
verification ;  
IV – formal acceptance of the interested parties to be verified for the accomplishment of the 
verifications;  
V – analysis of the evolution of the pandemic situation in the places where the verification were 
carried out;  
VI - rules for the entry permission of Brazilian travelers; and  
VII – other factors that may prevent or impair the performance of the procedures in t he Caput.  
Paragraph 1. Any indication by the interested party of the impossibility of meeting the conditions 
mentioned in the Caput for carrying out an on -site verification must necessarily be accompanied 
by arguments and evidence, when applicable.  
Paragra ph 2. In the event that the arguments and evidence mentioned in Paragraph 1 are considered 
by the Undersecretariat for Trade Remedies and Public Interest  as impediments to the procedure, 
the verification of the evidence will be carried out in accordance wi th article 59.  
Paragraph 3. In the event that the arguments and evidence mentioned in Paragraph 1 are considered 
by the Undersecretariat for Trade Remedies and Public Interest  as not impeding the procedure, the 
party will bear any consequences arising from  its decision.  
Section II  
Carrying out verification of evidence  
Article 59. After verifying the impossibility of carrying out the in loco verification procedures, the 
Undersecretariat for Trade Remedies and Public Interest  will proceed, exceptionally, with  a detailed 
analysis of all the information submitted by the interested parties within the scope of trade remedies 
investigations, seeking to verify its correctness based on the cross -analysis of the information filed 
by each interested party with that sub mitted by the other parties, as well as with information from 
other sources available to the Undersecretariat, if possible and when applicable.  
Article 60. In order to validate the information presented, the Undersecretariat for Trade Remedies 
and Public I nterest  may send a letter requesting evidence to interested parties.  
Paragraph 1. By means of the letter referred to in the Caput ,  the Undersecretariat for Trade 
Remedies and Public Interest  may request additional supplementary information to that provide d for 
in the Paragraph 2 of article 41 and in Paragraph 2 of article 50 of Decree N. 8,058, of 2013, and 
evidence, pursuant to article 179 of the aforementioned decree, such as samples of invoices, 
accounting documents, proof of payments, details of specif ic expenditures, etc.  
Paragraph 2. After the letter referred to in the Caput  has been sent, no changes in the data to be 
verified shall be permitted, with the exception of clarifications in relation to information previously 
presented by the parties, as pr ovided for in  Paragraph 5 and 7 of article 175 of Decree N. 8,058, 
of 2013.  
Paragraph 3. Presentation of evidence must be separated into  
I - clarifications that import occasional adjustments, pursuant to Paragraph 7 of article 175 of Decree 
N. 8,058, of 2 013, in the data previously reported by the party, which shall be presented 
accompanied by the rectification of data, detailed explanation and justification why they consist of 
occasional adjustments; and  
II - evidence and other clarifications in relation to information previously presented by the parties, 
as requested in the communication object of the Caput.  
Paragraph 4. The Undersecretariat for Trade Remedies and Public Interest  will carry out an analysis 
of the detailed explanation and justification mentioned in item I of Paragraph 3 in order to verify if 
they consist of punctual adjustments.  
Paragraph 5. The deadline for the protocol of response to the letter of request for evidence will be 
10 (ten) days from the date of the acknowledgment of the request, extendable once for up to 10 
(ten) days depending on the deadlines of the process and upon duly substantiated request.  
Article 61. Interested parties may request a meeting t o clarify doubts as to the content of the letter 
requesting evidence.  G/ADP/N/1/BRA/3/Suppl.19 • G/SCM/N/1/BRA/2/Suppl.21 • G/SG/N/1/BRA/3/Suppl.12  
 
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  Paragraph 1. The holding of the meeting referred to in the Caput will depend on the availability of 
the Undersecretariat for Trade Remedies and Public technicians.  
Paragraph 2. The inter ested party must indicate in the request the items of the letter in relation to 
which there is a need for clarification.  
Paragraph 3. The holding of the meeting referred to in the Caput will not justify the extension of 
the period provided for in Paragraph  5 of article 60.  
Article 62. It is imperative that interested parties submit their information as completely, clearly and 
accurately as possible, meeting all requirements and data requests contained in the questionnaires 
and other communications sent by the Undersecretariat for Trade Remedies and Public Interest . 
Sole Paragraph. The information presented by the interested parties must be accompanied by their 
respective evidence, justifications, sources, calculation memories and methodologies used, as well 
as spreadsheets and auxiliary documents that may have been used in the preparation of this 
information.  
Article 63. If there is no need for additional clarifications to the response of an interested party to 
the letter of request for evidence filed within the period provided for in Paragraph 5 of article 60,  
the Undersecretariat for Trade Remedies and Public Interest  will record the completion of the 
verification procedure in the process.  
Article 64. If additional clarifications are required after receiving  a response to the letter requesting 
evidence,  the Undersecretariat for Trade Remedies and Public Interest  will send a letter requesting 
a clarification meeting with the interested party, which will contain an indication of the matters to 
be addressed at t he meeting.  
Paragraph 1. The purpose of the meeting provided for in the Caput is limited to the presentation by 
the interested party of additional clarifications to the information submitted in response to the letter 
requesting evidence, not being allowed to present new information or change the information 
previously filed by the part at stake.  
Paragraph 2. The additional clarifications presented by the interested party during the meeting will 
only be considered by the Undersecretariat for Trade Remedies a nd Public Interest if they are 
reproduced in writing and filed in the case file within 2 (two) business days after the meeting took 
place and must be limited to the clarifications presented at the said meeting.  
Paragraph 3. The additional clarifications fi led by the interested party will be analyzed by the 
Undersecretariat for Trade Remedies and Public Interest as provided for in Paragraph 2 of this article.  
Paragraph 4. If such clarifications are considered satisfactory, the Undersecretariat for Trade 
Reme dies and Public Interest will include a record of the conclusion of the verification procedure in 
the case file.  
Article 65. If the Undersecretariat for Trade Remedies and Public Interest observes that the 
information presented by petitioners requires addi tional information, corrections or significant 
adjustments, the respective petitions may be rejected, pursuant to Paragraph 2 of article 42 of 
Decree  N. 8,058, of 2013.  
Article 66. If the Undersecretariat for Trade Remedies and Public Interest finds that t he data and 
information presented by the petitioner do not allow proof of the existence of damage to the domestic 
industry caused by an unfair trade practice, the corresponding administrative proceeding may be 
closed, pursuant to item I of article 74 of th e aforementioned decree.  
Article 67. If the Undersecretariat for Trade Remedies and Public Interest finds that the other 
interested parties have denied access to the necessary information, have not provided it in a timely 
manner, created obstacles to the i nvestigation or have not provided the data and information 
requested by the Undersecretariat, duly accompanied by the respective evidence, a letter will be 
sent to the interested party informing that the determinations may be fully or partially prepared 
based on the best available information, pursuant to arts. 179 to 184 of Decree N. 8,058, of 2013.  
Article 68. The possible carrying out of on -the-spot verifications for certain interested parties and 
verifications of evidence based on article 59 to other in terested parties of the same investigation or 
review will not be considered as favorable or unfavorable treatment for one, to the detriment of the 
other.  G/ADP/N/1/BRA/3/Suppl.19 • G/SCM/N/1/BRA/2/Suppl.21 • G/SG/N/1/BRA/3/Suppl.12  
 
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  Article 69. The temporary adaptations of procedures presented in this chapter will apply, as 
appropria te, to investigations or reviews of the existence of subsidies and global or bilateral 
safeguards conducted by Brazil.  
 
CHAPTER VII  
FINAL DISPOSITIONS  
Article 70. The following are hereby revoked:  
I - Ordinance N. 41, of 27 July, 2018;  
II - Ordinance N. 21 , of 30 March, 2020;  
III - Ordinance, N. 103, of 27 July, 2021;  
IV - Normative Instruction N. 3, of 22 October, 2021; and  
V - Ordinance N. 150, of 26 November, 2021.  
Article 71. This Ordinance enters into force on February 1st, 2022.  
 
 
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