G/ADP/N/1/BRA/3/Suppl.7  
 
4 January 2016  
(16-0011)  Page: 1/3  
Committee on Anti-Dumping Practices  Original: English  
 
NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLE 18.5 OF THE AGREEMENT 
BRAZIL 
Supplement 
The following communication, dated 16 December 2015,  is being circulated at the request of the 
Delegation of Brazil. 
 
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MINISTRY OF DEVELOPMENT, INDUSTRY, AND FOREIGN TRADE 
SECRETARIAT OF FOREIGN TRADE  
 
DIRECTIVE No. 58, DATED JULY 29, 2015 
(Published in the Government Gazette, July 30, 2015) 
 
Provides for the electronic administrative procedure relating 
to antidumping investigations, under Decree No. 8058, dated July 26, 2013. 
 
THE SECRETARY OF FOREIGN TRADE OF THE MINISTRY OF DEVELOPMENT, INDUSTRY AND 
FOREIGN TRADE, in compliance with dispositions of Article 17 of the Law No. 12.995, dated June 18, 2014 and in the exercise of the duties conferred by sub-paragraph VII of Article 15, of 
Annex I of Decree No. 7.096, dated February 4, 2010  
 
Whereas the necessity to facilitate the access of interested parties to the dumping investigation 
procedures carried out by the Department of Trade Remedies (DECOM);  
 Whereas the provisions of Provisional Measur e No. 2.200-2, dated August 24, 2001, that 
establishes the Brazilian Public Keys Infrastructure - ICP-Brasil, in order to guarantee the 
authenticity, integrity and legal validity to electronic documents;  
 
Whereas the electronic documents produced with  the use of the certification process made 
available by ICP-Brasil are assumed authentic in regard to the signatories, in accordance with 
Article 219 of the Law No. 10.406, dated January 10, 2002 – Civil Code; and 
 Whereas the necessity to regulate the use of elec tronic services made available by DECOM through 
"DECOM Digital System" – DDS ; resolves as follows: 
 Article 1. The proceduring of administrative processe s, the notification of acts, the constituting of 
case files, and the transmission of pleading s conducted by DECOM, in accordance with 
Decree No. 8.058, dated July 26, 2013, shall be made through DDS, regulated by the present Directive. 
 G/ADP/N/1/BRA/3/Suppl.7 
 
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  Paragraph 1. The submission, the receipt or the ha ndling of any procedural act requires the use of 
the World Wide Web. 
 
Paragraph 2. Whenever required, digital docu ments produced by DECOM for pleadings and 
notification of acts shall be printed and sent to its recipients.  
Article 2. The access to the system shall be made with the use of digital certificate issued under 
the Brazilian Public Keys Infrastructure (ICP-Brasil) at the electronic address http://decomdigital.mdic.gov.br   
 
Paragraph 1. In the first access to the system, the representative of the interested party shall complete its registration in SDD by filling a form. 
 
Paragraph 2. Interested parties shall participate in the course of investigations through a duly authorized representative recognized by DE COM, by means of supporting documentation. 
 
Paragraph 3. Intervention in trade defense procee dings of representatives that are not authorized 
shall only be accepted in the execution of the following acts: 
 I – submission of supporting documentation to au thorize legal representatives of an interested 
party; 
II – request of extension of time to present questionnaires responses;  III – submission of responses to questionnaires;  
IV – request of qualification of other parties which consider themselves as interested; and  
V – submission of proposal of a surrogate market-oriented country.  
Article 3. DECOM shall maintain equipment for digitalizing and accessing the world wide web at the 
disposal of the interested parties legal represen tatives, during the working hours of the DECOM's 
Sectorial Protocol and Archive. 
 
Article 4. All procedural acts shall be digitally si gned by means of digital certificates issued under 
ICP-Brasil, in order to maintain the integrity, the authenticity, the interoperability and, when 
needed, the confidentiality of the documents.  
Paragraph 1. In order to acquire a digital certificate ICP-Brasil standard, the interested party's 
legal representative must follow the instructions established by the Technology Information National Institute in the electronic address http://www.iti.gov.br   
 
Paragraph 2. The provisions of the caput shall appl y to the production of digital documents, to the 
digitalization of original documents set out in an alogue support and its submission, as well as in 
the storage of the corresponding digitalized documents, in accordance with Law No. 12.682, dated 
July 9, 2012.  
Paragraph 3. DECOM, whenever deemed necessary,  may request the original document presented 
digitalized,  which should be presented within the time limit specified in the request notification.  
 
Paragraph 4. In case the holder of the document  indicated in the previous paragraph does not 
meet DECOM's request within the time limits, the digitalized document may be disregarded. 
 
Paragraph 5. The original of the digitalized do cuments which were submitted to DECOM shall be 
preserved by its holder until it happens the statute of limitations, as provided for in laws of its 
own. 
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  Article 5. The case files of the electronic proce ss shall be protected by means of security access 
system and stored in an environment that ensure s the preservation and the integrity of the data, 
with no need for the constitution  of supplementary case files.  
 
Article 6. In order to enable the presentation of  samples of products to DECOM, the interested 
party's authorized legal representative shall describe in detail the sample and submit the 
description through DDS. 
 Paragraph 1. After submitting the description as pr ovided for in the chapeau, the product shall be 
presented in DECOM's Sectorial Protocol and Archive within 5 (five) working days.  
 Paragraph 2. In case the sample presented to  DECOM's Sectorial Protocol and Archive does not 
correspond to the description submitted, DECOM shall disregard the document submitted 
electronically as well as the sample handed over.  
Paragraph 3. Interested parties will have access to the samples handed to DECOM. 
 
Paragraph 4. Samples handed to DECOM during the course of a trade defense process shall be 
returned to the party which presented it, by means of a request made within 5 (five) working days 
from the termination of the investigation. In case the interested party does not file the refund 
request within the time limits, the samples shall be disposed. 
 Article 7. In order to submit the documents, the legal representative shall: 
 
I – provide the register in the system during its the first access to DDS;  II – digitally sign the document(s);  
III – select one of the options available at DDS; and  
IV – classify the document as "Restricted" or "Confidential", in accordance with Article 51 of Decree No. 8.058, of 2013. 
 
Sole Paragraph. In the case of inconsistency between the content of the document submitted and 
the specifications undertaken in the system by th e legal representative about the aforementioned 
document, the specifications undertaken by the legal representative in the system shall prevail.  
Article 8. When the electronic file has been submit ted to meet a procedural time limit, it shall be 
regarded as timely received the files hosted by  SDD until 11:59:59 PM, according to the official 
time of Brasília, of the last day of the time limit set. 
 
Sole Paragraph. In case of unavaibility of the DDS on the last day for on-time delivery under an investigation, such time limit shall be extended, automatically, to the first working day following 
the normalization of the system. 
 Article 9. This Ordinance shall enter into force on July 31, 2015. 
 
DANIEL MARTELETO GODINHO 
 
 
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