G/ADP/N/1/BRA/3/Suppl.6  
 
11 November 2014  
(14-6597)  Page: 1/9  
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 7 November 2014,  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. 36, DATED SEPTEMBER 18, 2013 
(Published in the Government Gazette, September 19, 2013) 
 
THE SECRETARY OF FOREIGN TRADE OF THE MINISTRY OF DEVELOPMENT, INDUSTRY AND 
FOREIGN TRADE, in the exercise of the duties co nferred by Article 15, sub-paragraph VII, of the 
Annex I to the Decree No. 7096, dated February 4, 2010, and Article 67, paragraph 7, of Decree No. 8058, dated July 26, 2013, resolves as follows: 
 
CHAPTER I 
GENERAL INFORMATION 
 
Article 1. Price undertaking offers presented by producers or exporters in an anti-dumping 
investigation shall comply with the provisions set forth in this Directive. 
 
Article 2. Applications which do not comply with the provisions set forth in this Directive shall not 
be taken into consideration.  
Article 3. DECOM may refuse price undertaking offers considered to be ineffective or impracticable, in accordance with Decree No. 8058, dated July 26, 2013. 
 
Article 4. Questions and requests for clarification must be submitted to DECOM at the electronic address of the corresponding investigation. 
 
CHAPTER II 
PRICE UNDERTAKING OFFER 
 
Section I 
Period of the price undertaking offer 
 Article 5. According to Article 67, paragraph 6, of Decree No. 8058, of 2013, producers or 
exporters may only offer price undertakings during  the period comprehended between the data of 
publication of the affirmative preliminary determination of dumping, injury to the domestic 
industry, and causal link between the dumped im ports and the alleged injury and the end of the 
period for submitting information.  
Article 6.The offer must contain: 
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  I - information on corporate name, complete address, telephone number and electronic address of 
the producers or exporters that intend to offer a price undertaking; II – name, job position, complete address, telephone number and electronic address of the legal representative at DECOM. 
III – number of the administrative process of the investigation of dumping in the exports of the 
product subject to the price undertaking and injury due to such practice; IV – description of the product subject to the price undertaking; 
V – item(s) of the MERCOSUR Common Nomenclature (MCN) under which the product subject to 
the price undertaking is classified; VI - country of origin of the Brazilian imports of the product subject to the price undertaking; VII – CIF export price, or equivalent, offered by the producers or exporters of the product subject 
to the price undertaking; 
VIII – respective detailed calculations used in the drafting of the offered undertaking; 
IX – elements that prove that the export price offere d is sufficient to eliminate the injury caused to 
the domestic industry by the dumped imports. 
 Sole Paragraph. The requirements provided for in specific normative act issued by SECEX on legal 
representation of interested parties in trade remedies processes shall be observed. 
 Article 7. In case of exports to related parties in Brazil, as provided for in Article 14, paragraph 10, 
of Decree No. 8058, of 2013, the price undertaking offered by the producer or exporter must 
contain, in addition to information requested in Article 6: 
 I – corporate name of the importer in case such importer is related to the producer or exporter 
that intend to offer a price undertaking; 
II – price by which the imported product will be sold to the first independent buyer in Brazil already converted to foreign currency; 
III – respective detailed calculations used in the estimative of the respective reselling price 
aforementioned;  Article 8. Indicate the maximum period for payment of the exports subject to the price 
undertaking and, in cases where Article 7 is applicable, the maximum period for payment of the 
sales to the first independent buyer in Brazil.  
Section II 
Price corrections 
 
Article 9. The offer must contain: 
 
I – the periodicity of corrections of the price under taking, in order to warrant that the export price 
continues to eliminate the injury to the domestic industry throughout the duration of the undertaking;  
II – the source that will determine the correction of the price undertaking; and   
III – the mathematical  formula of the corrections of the price undertaking, as well as the 
justifications of such corrections.   
Section III 
Monitoring 
 
Article 10. The offer must inform the periodicity by which the producer or exporter subject to the 
price undertaking will provide information re garding the fulfillment of the undertaking. 
 
Sole Paragraph. The offer must indicate the period within which the report containing all 
information to which the caput refers to shall be provided to DECOM, from the last day of the 
period.  
Article 11. The offer shall include express authorization for on-the-spot investigation by DECOM, in 
the producers or exporters as well as in eventual related parties.  
 
Section IV 
Violation of the undertaking 
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  Article 12. Producers or exporters and their related parties that offer price undertaking shall 
commit explicitly to, among others: 
 
I – not granting discounts, rebates or any other benefit to its clients, directly or indirectly linked to 
sales of the product subject to the undertaking, that result in a price lower than the price agreed; II – not paying commission that results in a price lower than the price agreed; 
III – not presenting deceitful  or false descriptions of the quantities, characteristics or quality of any 
sale of the product subject to the undertaking; IV – not providing deceitful  or false statements on the tariff classification of the product subject to 
the undertaking; 
V – not providing deceitful  or false declarations of the origin of the product subject to the 
undertaking or of the identity of the producer or exporter; 
VI – not exporting goods under this undertaking that are not manufactured by the producers listed 
in sub-paragraphs I of Articles 6 and 7; VII – not carrying out settlement of payments related to any operation of export to Brazil through 
any compensatory arrangement, through direct exchange, or any other form of payment other 
than cash or equivalent method; 
VIII – not issuing sales or resales invoices whose net prices are not in conformity with the agreed 
prices; IX – not issuing sales or resales invoices to which the financial transaction underlying (for 
instance, the value effectively received from the purchaser after any adjustment of the credit and 
debit notes and alike) is not in conformity with the nominal value of the invoice; X – not involving themselves in circumvention practices.  
 
 
  
DANIEL MARTELETO GODINHO 
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  MINISTRY OF DEVELOPMENT, INDUSTRY, AND FOREIGN TRADE 
SECRETARIAT OF FOREIGN TRADE  
 
DIRECTIVE No. 42, DATED OCTOBER 17, 2013 
(Published in the Government Gazette, October 18, 2013) 
 THE SECRETARY OF FOREIGN TRADE OF THE MINISTRY OF DEVELOPMENT, INDUSTRY AND 
FOREIGN TRADE, in the exercise of the duties co nferred by Article 15, sub-paragraph VII, of the 
Annex I to the Decree No. 7096, dated February 4, 2010, and Article 99 of Decree No. 8058, dated July 26, 2013, resolves as follows:  
CHAPTER I 
GENERAL INFORMATION 
 
Article 1. The applications for anti-circumvention reviews provided for in Article 121 of Decree 
No. 8058, of 2013, filed as of October 1, 2013, shal l be drafted in the form presented in this 
Directive.  
 
Article 2. The application must contain evidence of the practice of circumvention, as provided for in 
Article 121, sub-paragraphs I, II and III, of Decree No. 8058, of 2013. 
 Article 3. Applications which do not comply with the provisions set forth in this Directive shall not be taken into consideration. 
 
Article 4. DECOM may conduct on-the-spot investigations to examine the information provided. 
Auxiliary documents used during the drafting of th e application must be preserved, in case of a 
possible on-the-spot verification. 
 
Article 5. All information provided shall be accompanied by evidence, reasoning, sources and methodologies. 
 
Article 6. The application must contain: 
 
I -  information on corporate name, complete address, telephone number and electronic address of 
the petitioner(s); II – name, job position, complete address, telephone number and electronic address of the legal representative at DECOM. 
 
Article 7. Questions and requests for clarification must be submitted to DECOM at 
decom@mdic.gov.br . 
 
CHAPTER II 
GENERAL INSTRUCTIONS 
 
Section I 
Period of the anti-circumvention review 
 
Article 8. Indicate the considered period for the anti-circumvention review, which shall 
comprehend the closest 12 (twelve) months possible to the date of the lodging of the application. 
 
Section II 
Classification of the circumvention practices 
 Article 9. Indicate to which of the following hy pothesis, as provided for in Article 121 of Decree 
No. 8058, of 2013, the practice of circumvention corresponds:  
I – import of parts, pieces or components originating or coming from the country subject to the 
anti-dumping measure destined for the manufacturing, in Brazil, of the product subject to the anti-
dumping measure; G/ADP/N/1/BRA/3/Suppl.6 
 
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  II – import of a product from third countries whose manufacture, using parts, pieces or 
components originating or coming from the country  subject to the anti-dumping measure, results 
in the product subject to the anti-dumping measure; or 
III – import of a product originating or coming from the country subject to the anti-dumping 
measure which includes marginal modifications with respect to the product subject to the anti-dumping measure but that do not alter its final use or purpose. 
 
Article 10. Describe, in details, the alleged circumvention practice.  
Article 11. Indicate all countries involved in the circumvention practice and, whenever possible, the 
companies that produce or export, the importing companies and/or responsible for manufacturing.  
Section III 
Product, part, piece or compon ent subject to circumvention 
 
Article 12. Specify the procedure that originated the imposition or the last extension of the 
measure in force. 
 Article 13. Describe, in detail, the product, part, piece or component subject to the review, 
specifying, as necessary: raw material(s); chemical composition; model; size; capacity; power, 
manner of presentation, uses and applications, and distributions channels. Provide any other characteristics deemed relevant to identification of the product subject to the review. 
 
Article 14. Indicate the item(s) of the MERCOSUR Common Nomenclature (MCN) under which the 
product subject to the review is classified.  Sole paragraph. In cases involving parts, pieces and components, inform the respective MCN 
item(s). 
 
Section IV 
Circumvention practice 
 
Article 15. In the hypothesis foreseen in Article 9, sub-paragraph I, provide evidence that: 
 I – the resale, in Brazil, of the product subject to the anti-dumping measure manufactured with 
parts, pieces or components originating or comi ng from the country subject to the anti-dumping 
measure was carried out at values lower than the normal value calculated to the product subject 
to the anti-dumping measure; 
II – parts, pieces or components originating or coming from the country subject to the anti-dumping measure do not present different use of the manufacturing of the product subject to the 
anti-dumping measure; 
III – the beginning or substantial increase in the manufacturing in Brazil occurred after the investigation that resulted in the anti-dumping measure was initiated. 
IV – the parts, pieces or components originating or  coming from the country subject to the anti-
dumping measure account for sixty percent (60%) or more of the total value of the parts, pieces 
or components of the product manufactured in Brazil;  
V – the added value in the manufacturing operations is lower than thirty-five percent (35%) of the 
manufacturing cost of the product.   
Sole Paragraph.  For the purpose of sub-paragraph V, the manufacturing cost shall not include: 
 
a) depreciation costs; b) packaging costs; and c) costs and expenses not directly related to manufacture of the product. 
 
Article 16. In the hypothesis foreseen in Arti cle 9, sub-paragraph II, provide evidence that: 
 
I – the export of the product to Brazil was made at prices below the normal value determined for 
the product subject to the anti-dumping measure; G/ADP/N/1/BRA/3/Suppl.6 
 
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  II – the export of the product to Brazil corresponded to a significant proportion of the total sales of 
the producer or the exporter; 
III – the export of the product to Brazil began or substantially increased following initiation of the 
investigation which gave rise to the anti-dumping measure; and 
IV – the parts, pieces or components originating or coming from the country subject to the anti-
dumping measure account for sixty percent (60%) or more of the total value of the parts, pieces 
or components of the product exported to Brazil. 
 Article 17. In the hypothesis foreseen in Arti cle 9, sub-paragraph III, provide evidence that: 
 
I – the export of the product with marginal modifications to Brazil was made at prices below the 
normal value determined for the product subject to the anti-dumping measure; 
II – the export of the product with marginal modi fications to Brazil corresponded to a significant 
proportion of the total sales of the producer or the exporter; and 
III – the export of the product with marginal modifications to Brazil began or substantially 
increased following initiation of the investigation which gave rise to the application of the anti-
dumping measure.  
Article 18. In the hypothesis foreseen in Article 9, sub-paragraph III, inform: 
I – possible differences between the product subject to the review and the product subject to the anti-dumping measure; 
II – marginal modifications introduced in the product subject to the review, in comparison with the 
product subject to the anti-dumping measure; III – use and final purpose of the modified product; and 
IV – estimative of the additional cost of the marginal modification, in case there is one. 
 
Section V 
Modifications in the trade flow 
 
Article 19. Inform the evolution of trade flows, indicating modifications occurred following the 
initiation of the procedure that originated  the imposition or the last extension of the measure in 
force, including the period of the review, as applicable:  
I – Brazilian imports of the product subject to the review; 
II – Brazilian imports of parts, pieces or components originating or coming from the country subject to the anti-dumping measure;  
III – imports, of third countries, of parts, pieces or components originating or coming from the 
country subject   Article 20. Whenever possible, provide informatio n on the existence of installed capacity and 
production volume of the product subject to the re view incompatible with the volume exported to 
Brazil.  
Section VI 
Neutralization of the effects of the measures  
 Article 21. Provide evidence of the neutralization of the remedial effects of the measure in force, 
including data on volume and average importing pr ice of the product subject to the review, or of 
the parts, pieces or components of the product subj ect to the measure in force, given the period of 
the review. 
 
Section VII 
Export price 
 
Article 22. In the case of Article 9, sub-paragraph I, inform the name of the Brazilian importers of 
the parts, pieces or components, as well as the name of the companies responsible for the manufacturing of the parts, pieces or components. 
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  Article 23. In the case of Article 9, sub-paragraph II, inform the name of the Brazilian importers of 
the product subject to the review, as well as the name of the companies responsible for the 
manufacturing in the third country. 
 
Article 24. In the case of Article 9, sub-paragraph III, inform the name of the Brazilian importers of the product subject to the review, as well as  the name of the companies responsible for the 
marginal modification. 
 Article 25. In the case of Article 9, sub-para graphs I and II, indicate the exporting country 
(countries) of the product subject to the review. 
 Article 26. Inform the name and address of the foreign producer or exporter. 
 
CHAPTER III 
FINAL PROVISIONS 
 
Article 27. The requirements provided for in specific normative act issued by SECEX on legal 
representation of interested parties in trade remedies processes shall be observed. 
 
Article 28. This Directive shall enter in force on the date of its publication. 
 
 
 
DANIEL MARTELETO GODINHO G/ADP/N/1/BRA/3/Suppl.6 
 
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  MINISTRY OF DEVELOPMENT, INDUSTRY, AND FOREIGN TRADE 
SECRETARIAT OF FOREIGN TRADE  
 
DIRECTIVE No. 37, DATED SEPTEMBER 18, 2013 
(Published in the Government Gazette, September 19, 2013) 
 THE SECRETARY OF FOREIGN TRADE OF THE MINISTRY OF DEVELOPMENT, INDUSTRY AND 
FOREIGN TRADE, in the exercise of the duties co nferred by Article 15, sub-paragraph VII, of the 
Annex I to the Decree No. 7096, dated February 4, 2010, resolves as follows:  
CHAPTER I 
GENERAL INFORMATION 
 Article 1. The applications for assessment of scope provided for in Article 147 of Decree No. 8058, 
of 2013, filed as of October 1, 2013, shall be draf ted in the form presented in this Directive. 
 Sole Paragraph. Assessments of scope may be initiated by the Department of Trade Remedies 
(DECOM), based on information provided by the Secr etariat of the Federal Revenue of Brazil of the 
Ministry of Finance.  Article 2. Applications which do not comply with the provisions set forth in this Directive shall not 
be taken into consideration. 
 Article 3. DECOM may conduct on-the-spot investigations to examine the information provided.  
 
Article 4. All information submitted shall be accompanied by evidence, reasoning, sources and methodologies. 
 
Article 5. Results and conclusions of the assessments of scope may be used to instruct investigation or reviews conducted by DECOM.  
Article 6. Assessments of scope are of interpretati ve nature and shall not alter the scope of anti-
dumping measures in force.  
Article 7. Questions and requests for clarification must be submitted to DECOM at 
decom@mdic.gov.br.  
CHAPTER II 
APPLICATION CONTENT 
 Article 8. The application for assessment of scope must contain: 
I – information on corporate name, complete address, telephone number and electronic address of 
the petitioner(s);  
II – name, job position, complete address, telephone number and electronic address of the legal 
representative at DECOM;   
III – the Resolution of the Council of Ministers of the Chamber of Foreign Trade (CAMEX) that 
determined the application of the anti-dumping measure to which the application for assessment of scope refers.  
IV – description, in details, of the product to be  assessed, specifying, as applicable: raw material; 
chemical composition; physic al characteristics, technical standard s and specifications, production 
processes, uses and applications and interchangeability and channels of distribution.  
 
V – any other characteristics considered relevant to the identification of the product to be assessed; 
 
VI – detailed explanation of the reasoning that leads to the understanding that the product is, or is not, subject to the anti-dumping measure in force to which this application refers;  
VII – indication of the item(s) of the MERCOSUR Common Nomenclature under which the product 
to be assessed is commonly classified;  G/ADP/N/1/BRA/3/Suppl.6 
 
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  VIII – literature, catalogue, advertising material or other documents with technical information on 
the product to be assessed, where available;  IX – indication of whether the product to be assessed is subject to technical standards or 
regulations. In the event that the product to be  assessed is subject to technical standards or 
regulations, indicate the pertinent standards- setting or regulatory agency and submit an 
exhaustive list of the relevant standards/regulations. 
 
X – the names of the foreign manufacturer and Brazilian importer(s) of the product to be assessed.  
Sole Paragraph. In the event other products are described in the same MCN item(s) as the product 
to be assessed, this should be indicated and elements enabling their identification provided.  
Article 9. In the event the product under consideration is not homogenous and/or is classified 
under more than one tariff line of the MCN, this  shall be explained and elements enabling the 
definition of the product shall be provided. 
 
   
DANIEL MARTELETO GODINHO 
 
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