G/ADP/Q1/BRA/35  
G/SCM/Q1/BRA/35  
G/SG/Q1/BRA/4  
 
4 April 2018 
(18-2031) Page: 1/2 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
Committee on Safeguards  
 Original: English  
 
NOTIFICATION OF LAWS  AND REGULATIONS UNDE R 
ARTICLES 18.5, 32.6 AND 12.6 OF THE AGRE EMENTS  
QUESTIONS POSED BY THE UNITED STATES  
REGARDING THE NOTIFI CATION OF  BRAZIL1 
The following communication, dated 3 April 2018, is being circulated at the request of the  
Delegation of the  United States.  
 
_______________  
 
 
The United States thanks Brazil for its notification of Decree No. 9.107, of 26 July 2017 (Decree), 
which Provides for the time limits and the requirements applicable to fragmented industries in the 
context of trade remedies investigations and poses the following questions2: 
 
Question 1  
 
Please clarify whether the fragmented industry findings described by the Decree are limited to 
Brazilian domestic industries in trade remedy proceedings or whether a frag mented industry 
determination could also be made with regard to industries in the country of export.  
 
Question 2  
 
Please provide an indication, if available, as to when the legal act referenced in Article 2 of the 
Decree, which will set forth the informat ion that is to be included in the application to be filed by 
the investigated fragmented industry, will be published.  
 
Question 3  
 
Please clarify whether industries will be required to make an application to be treated as 
fragmented industries, or will th e administering authority examine the structure of industries on its 
own initiative? If this varies by case, please describe the facts which would lead the investigating 
authority to undertake an examination of an industry in order to make a determination as to 
whether it is fragmented for purposes of a trade remedy investigation, or whether the 
investigating authority will examine industries in all investigations to determine whether they 
should be treated as fragmented.  
 
Question 4  
 
Please explain the co nsequence of an administrative finding of a fragmented industry. Are there 
any impacts on investigative procedures or findings other than timelines? For example, would a 
finding of a fragmented industry impact the determinations with regard to other elemen ts in an 
                                                
1 G/ADP/N/1/BRA/3/Suppl.9 -G/SCM/N/1/BRA/2/Suppl.12 -G/SG/N/1/ BRA/3/Suppl.3 (dated 
8 February  2018).  
2 For the sake of efficiency, the United States suggests that committee review of these be conducted in 
the Committee on Anti -Dumping Practices . G/ADP/Q1/BRA/35 • G/SCM/Q1/BRA/35 • G/SG/Q1/BRA/4  
 
- 2 - 
 
  investigation, such as, for example, domestic industry support for an application, or the 
determination of injury? If so, please explain.  
Question 5  
Please clarify if the rules described by the Decree apply only to original investigations, or do they 
apply to other types of trade remedy proceedings, such as reviews? If the latter, please list the 
types of proceedin gs to which the Decree applies.  
 
Question 6  
 
Please confirm that any impact on timelines following a finding of fragmented industry wil l not 
conflict with the investigatory timelines set forth in the Agreement on Implementation of Article VI 
of the General Agreement on Tariffs and Trade 1994 , the Agreement on Subsidies and 
Countervailing Measures , and the Agreement on Safeguards .  
 
Questi on 7 
 
For a fragmented industry, please explain what methodology ( e.g., statistically valid sampling 
techniques) the investigating authority will use to determine support for, and opposition to, the 
application.  
 
Question 8  
 
If the investigating authority determines that an industry is fragmented, will all questionnaires and 
information submitted by producers of the like product be considered in the investigating 
authorities ' analysis of injury?  
 
 
__________