G/ADP/Q1/BRA/23  
G/SCM/Q1/BRA/23  
 
1 October 2014  
(14-5512)  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  
QUESTIONS POSED BY THE UNITED STATES 
REGARDING THE NOTIFICATIONS OF BRAZIL1 
The following communication, dated 30 September 2014, is being circulated at the request of the 
Delegation of the United States.  
_______________ 
 
 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. 
 Question 2 
 
Please confirm that Directive 41 is meant to supp lement and provide additional guidance for the 
deadlines, standards, and procedural and methodolog ical requirements pertaining to the filing and 
evaluation of antidumping applications outlined in Articles 37 through 43 of Brazil's antidumping 
regulations (Decree 8058, 26 July 2013).   Question 3 
 
Articles 27 through 31 of Directive 41 describe the in formation applicants are required to submit to 
define the domestic industry and demonstrate standing. Please explain the steps Brazil's 
Department of Commercial Defense (DECOM) takes to confirm that the list of domestic producers 
and corresponding production data provided in the application is complete and accurate.  
Question 4 
 Articles 50 through 53 of Directive 41 describe the re quirements for establishing export price. For 
purposes of initiation, please explain 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.  
Question 5 
 Several sections of Chapters II and III of Directive 41 address information concerning injury that 
must be provided in an application for an antidu mping investigation. These include Sections I, III, 
V, VII, and IX of Chapter II and Sections V an d VI of Chapter III. None of these provisions, 
however, appears directly to implement the re quirement of Article 5.2 of the Agreement on 
                                               
1 G/ADP/N/1/BRA/3/Suppl. 2 G/ADP/Q1/BRA/23 • G/SCM/Q1/BRA/23 
 
- 2 - 
 
  Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 that an 
application "shall include evidence of   . . . (c ) a causal link between the dumped imports and the 
alleged injury." Where in the application is an applicant required to provide information concerning causal link? 
 
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 Directive 41 from producers of the domestic like product that do not join in the 
application?  
__________