G/ADP/Q1/BRA/27  
G/SCM/Q1/BRA/27  
 
20 November 2014  
(14-6785)  Page: 1/2  
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures  Original: English  
 
 NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS  
REPLIES TO QUESTIONS1 POSED BY THE UNITED STATES 
REGARDING THE NOTIFICATIONS OF BRAZIL2 
The following communication, dated 19 November 2014, is being circulated at the request of the 
Delegation of Brazil.  
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 The United States thanks Brazil for the notification of the required information and format for 
antidumping applications in the form of Directiv e 41, 31 July 2014 (hereinafter "Directive 41") and 
poses the following questions:  
Question 1 
 According to the notification, Directive 41 was published in the Government Gazette on 14 October 2013, but not notified until 22 July 2014. Please explain why there was a 
delay in notifying Directive 41 to the Committee on Anti-Dumping Practices. 
 Reply 
 The delay in notifying Directive 41 was due to the priority given to translate Decree No. 8.058, of 26 July 2013, since the aforementioned decree has over two hundred articles.  
 
Question 2  Please confirm that Directive 41 is meant to  supplement and provide additional guidance 
for the deadlines, standards, and proced ural and methodological requirements 
pertaining to the filing and ev aluation of antidumping applications outlined in Articles 37 
through 43 of Brazil's antidumping regulations (Decree 8058, 26 July 2013). 
 
Reply 
 
Yes, the Directive provides guidance for the submission of an application to request the initiation of 
an original antidumping investigation.  Question 3 
 
Articles 27 through 31 of Directive 41 describe  the information applicants are required 
to submit to define the domestic industry and demonstrate standing . Please explain the 
steps Brazil's Department of Commercial Defe nse (DECOM) takes to confirm that the list 
of domestic producers and corresponding produc tion data provided in the application is 
complete and accurate. 
 
                                               
1 G/ADP/Q1/BRA/23 – G/SCM/Q1/BRA/23. 
2 G/ADP/N/1/BRA/3/Suppl. 2. G/ADP/Q1/BRA/27 • G/SCM/Q1/BRA/27 
 
- 2 - 
 
  Reply 
 
DECOM sends information requests to associations that represent producers of each industry that lodges an antidumping application.  
 
Individual letters to domestic producers are also sent out for the estimation of national production and home market sales. In addition, DECOM searches the internet for other possible domestic 
producers. 
 After receiving answers from those associations and completing its research, DECOM determines the final list of domestic producers. 
 
Question 4  
Articles 50 through 53 of Directive 41 descri be the requirements for establishing export 
price. For purposes of initiation, please expl ain whether and, if so in which instances, 
DECOM would resort to other sources of data (e.g., import statistics) instead of relying 
on the export price data provided by the applicant. 
 Reply 
 
In order to obtain the export price DECOM always resorts to import statistics provided by customs. 
DECOM makes such requests even if the applican t already provided the export price based on 
import statistics, so that these statistics can be further examined and the quality of data 
enhanced.  
 Question 5 
 
Several sections of Chapters II and III of Directive 41 address information concerning 
injury that must be provided in an applic ation for an antidumping investigation. These 
include Sections I, III, V, VII, and IX of Ch apter II and Sections V and VI of Chapter III. 
None of these provisions, however, appears directly to implement the requirement of 
Article 5.2 of the Agreement on Implementati on of Article VI of the General Agreement 
on Tariffs and Trade 1994 that an application "s hall include evidence of   . . . (c) a causal 
link between the dumped imports and the allege d injury." Where in the application is an 
applicant required to provide information concerning causal link?  
Reply 
 
Directive 41, in its Article 112, requires that th e applicant inform if there is price undercutting, 
depression or suppression. Furthermore, Articl e 114 of the said directive requires that the 
applicant inform other factors that may be causing injury to the domestic industry.  
 After initiating an investigation, does the Brazilian authority make any effort to obtain 
information of the type specified in Sections  I, III, V, VII, and IX of Chapter II and 
Sections V and VI of Chapter III of Direct ive 41 from producers of the domestic like 
product that do not join in the application? 
 
Reply 
 In order to obtain data from other producers of the domestic like product, DECOM sends the 
"Questionnaire of other domestic producers" to the known producers. 
  
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