G/ADP/Q1/BRA/34  
G/SCM/Q1/BRA/34  
 
21 April 2017  
(17-2171) Page: 1/2 
Committee on Anti -Dumping Pr actices  
Committee on Subsidies and Countervailing Measures  Original: English  
 
NOTIFICATION OF LAWS  AND REGULATIONS UNDE R 
ARTICLE 18.5 OF THE AGREEMENT1 
REPLIES TO QUESTIONS2 POSED BY THE UNITED STATES  
REGARDING THE NOTIFI CATION OF BRAZIL3 
The following communication, dated 20 April 2017, is being circulated at the request of the 
Delegation of Brazil.  
 
_______________  
 
 
The United States thanks Brazil for its notification of "Directive No. 42 (14 September 2016)," 
which provides for the procedures relating to assessment of scope under Section I of Chapter IX of 
Decree No. 8058 (26 Jul y 2013) and poses the following questions:  
 
Question 1  
 
Article 5 states that DECOM may conduct on -the-spot investigations to verify the 
information provided. Will the parties be given an outline or be otherwise notified in 
advance of the topics that will be covered during the on -the-spot investigation?  
 
Reply : 
 
Yes, on -the-spot investigations carried out in an assessment of scope procedure will follow all the 
rules laid out in Decree nº 8.058, of 2013, with regards to on -the-spot investigations, except 
where otherwise provided for in SECEX Ordinance No 42, of 2016.  
 
Will DECOM place a report of its findings from the verification on the record?  
 
Reply : 
 
Yes, on -the-spot investigations carried out in an assessment of scope procedure will follow all the 
rules laid out in Decree nº 8.058, of 2013, with regards to on -the-spot investigations, except 
where otherwise provided for in SECEX Ordinance No 42, of 2016.  
 
Will interested parties have the opportunity to comment on this report?  
 
Reply : 
 
Yes, all interested parties have 30 days to submit new evidence or comments regarding the 
information in the case files, as provided for in subparagraph IV of Article 13. Also, interested 
parties have 40 days to place final comments with regards to the information contained i n the case 
file, as established in subparagraph V of Article 13. Such time limits may be extended in the event 
of an on -the-spot investigation, as provided for in Article 15, allowing, therefore, for interested 
parties to comment on the report of the inves tigating authority.  
                                                
1 Agreement on Implementa tion of Article VI of the General Agreement on Tariffs and Trade 1994 
(Anti-Dumping Agreement).  
2 G/ADP/Q1/BRA/33 - G/SCM/Q1/BRA/33 (dated 4 April 2017).  
3 G/ADP/N/1/BRA/3/Suppl.8 (dated 20 December 2016).  G/ADP/Q1/BRA/34 • G/SCM/Q1/BRA/34  
 
- 2 - 
 
   
Question 2  
 
Article 8 states that "assessments of scope shall be interpretative and shall not modify 
the scope of the anti -dumping measure in force." If a particular product is determined to 
be covered by the scope of an existing anti dumping measure, and data concerning this 
product were not taken into consideration in DECOM's original injury determination, 
would not DECOM find it necessary to re -evaluate its injury determination?  
 
Reply : 
 
As mentioned in Article 8, "assessments of sco pe shall be interpretative and shall not modify the 
scope of the anti -dumping measure in force". Therefore, if a particular product is determined to be 
covered by the scope of an existing anti -dumping measure and considering that the scope of such 
measure cannot be changed by an assessment of scope, data concerning this product will 
necessarily have been taken into consideration in DECOM's original injury determination.  
 
Question 3  
 
Paragraph 1 of Article 19 states that hearings must be requested within 15  days of the 
date of initiation of the assessment of scope and must include a list of the specific 
matters to be addressed in the hearing. How will parties be able to identify all issues 
they wish to raise at the hearing so early in the proceeding?  
 
Reply : 
 
The indication of matters to be addressed in the hearing may be broad.  
 
Will DECOM allow interested parties to add additional hearing topics later on as the 
proceeding progresses?  
 
Reply : 
 
No. Arguments presented by interested parties during the hearing  must be related to the topics 
specified in the request for such hearing.  
 
Question 4  
 
Paragraph 5 of Article 19 states that "[a]uthorized interested parties may submit 
additional oral information at the hearing." Is there an opportunity after the hearing  for 
interested parties to comment on or rebut the information presented at the hearing?  
 
Reply : 
 
Yes. Interested parties may comment on oral information presented at the hearing and submitted 
in writing within a period of 10 days following the hearing, du ring the 30 -day period for submission 
of comments and evidence provided for in subparagraph IV of Article 13. If no new evidence is to 
be presented and an interested party wishes solely to comment on the oral information presented 
at the hearing, then such  comments may also be filed during the 40 -day period provided for in 
subparagraph V of Article 13 for submission of final comments. These periods may be extended in 
the event of hearings, as provided for in Article 15.  
 
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