G/ADP/N/1/BRA/3/Suppl.10  
G/SCM/N/1/BRA/2/Suppl.13  
G/SG/N/1/BRA/3/Suppl.4  
 
30 January 2019 
(19-0495) Page: 1/4 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
Committee on Safeguards  Original: English  
 
NOTIFICATIONS OF LAW S AND REGULATIONS UN DER 
ARTICLES 18.5, 32.6 AND 12.6 OF THE AGRE EMENTS  
BRAZIL 
Supplement  
The following communication, dated 23 January 201 9, is being circulated at the request of the 
delegation of Brazil . 
 
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MINISTRY OF INDUSTRY , FOREIGN TRADE AND SERVICES  
SECRETARIA T OF FOREIGN TRADE  
Ordinance No. 30, DATED 8 JUNE  2018  
 
Provides for the electronic administrative 
procedure rela ting to trade remedies 
investigations under Decrees  No. 1488, dated 11 
May  1995, No.  1751,  dated 19 December  1995, 
and No. 8058, dated 26 July  2013.  
THE SECRETARY OF FOREIGN TRADE OF THE MINISTRY OF INDUSTRY, FOREIGN TRADE  AND 
SERVICES, in compliance wit h dispositions of Article 17 of the Law No. 12.995, dated  18 June 
2014 and in the exercise of the duties conferred by subparagraph VII of Article 18, of Annex I of 
Decree No. 9.260, dated 29 December 2017  
Whereas the necessity to facilitate the access of i nterested parties to the dumping, subsidies and 
safeguards investigation procedures carried out by the Department of Trade Remedies (DECOM);  
Whereas the provis ions of Provisional Measure No.  2.200 -2, dated 24 August  2001, that 
establishes the Brazilian Pub lic 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 10 January  2002 - Civil Code; and  
Whereas the necessity to regulate the use of electronic services made available by DECOM through 
"DECOM  Digital System " - DDS; resolves as follows:  
Article 1. The proceeding  of administrative processes, the notification of acts, the constituting of 
case files, and the transmission of pleadings conducted by DECOM, in accordance with Decrees 
No. 1488, dated 11 May 1995, No. 1751, dated 19 December 1995, and No. 8058, dated 26 July 
2013, shall be made through DDS, regulated by the present Directive.  G/ADP/N/1/BRA/3/Suppl.10 • G/SCM/N/1/BRA/2/Suppl.13 • G/SG/N/1/BRA/3/Suppl.4  
 
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  Paragraph 1. The submission, the receipt or the handling of any procedural act requires the use of 
the World Wid e Web.  
Paragraph 2. Whenever required, digital documents 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 unde r 
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 sha ll 
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 DECOM, by means of supporting documentation.  
Paragraph 3. Interv ention in trade defense proceedings of representatives that are not authorized 
shall only be accepted in the execution of the following acts:  
I - submission of supporting documentation to authorize legal representatives of an interested 
party;  
II - reques t of extension of time to present questionnaires responses;  
III - submission of responses to questionnaires and comments about product models;  
IV - request of qualification of other parties which consider themselves as interested; and  
V - submission of pr oposal of a surrogate market -oriented country.  
Paragraph 4. The regularization of the qualification of the representatives who carry out the acts 
described in items II to V of the previous paragraph must be made within the period established in 
the act of the Secretariat of Foreign Trade that starts the corresponding process, without 
possibility of extension.  
Paragraph 5. The absence of regularization of representation in the terms and conditions provided 
for in the previous paragraph will cause the acts to  be considered non -existent.  
Article 3. Scanning equipment and access to the World Wide Web will be kept available to 
representatives of interested parties at the Ministry of Industry, Foreign Trade and Services 
(MDIC), from 10 am to 5 pm.  
Article 4. All p rocedural acts shall be digitally signed 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. The represent ative of the interested party should follow the guidelines established by 
the National Institute of Information Technology at http://www.iti.gov.br to acquire an ICP -Brasil 
standard digital certificate.  
Paragraph 2. The provisions of the caput shall apply to the production of digital documents, to the 
digitalization of original documents set out in analogue support and its submission, as well as in 
the storage of the corresponding digitalized documents, in accordance with Law No. 12.682, 
dated  9 July 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.  G/ADP/N/1/BRA/3/Suppl.10 • G/SCM/N/1/BRA/2/Suppl.13 • G/SG/N/1/BRA/3/Suppl.4  
 
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  Paragraph 5. The originals of the scanned documents that were submitted to DECOM shall be 
preserved by its holder until it happens the sta tute of limitations, as provided for in laws of its 
own. 
Article 5. The case files of the electronic process shall be protected by means of security access 
system and stored in an environment that ensures 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 
descriptio n through "DECOM Digital System ". 
Paragraph 1. After submitting the description as provided for in the chapeau, the pro duct shall be 
presented in MDIC' s General Protocol within 5 (five) working days.  
Paragraph 2. In case the sample presented does not corre spond 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 by means of a 
request that will be registered  in the records of the corresponding process and at a date, time and 
place to be established by the Department.  
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.  
Paragraph 5. 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 docu ments, the legal representative shall:  
I - register to the system during its first access to the "DECOM Digital System";  
II - digitally sign the document(s);  
III - select one of the options available at "DECOM Digital System"; and  
IV - classify the documen t as "Restricted" or "Confidential", in accordance with Article 51 of Decree 
No. 8.058, of 2013, in the case of anti -dumping investigations, with art. 38 of Decree No. 1,751 of 
1995, in the case of subsidies investigations and with paragraph 6 of art. 3 of  Decree No. 1488 of 
1995, in the case of safeguard investigations; and  
V - send text files in PDF format (Portable Document Format) and spreadsheets in XLSX format 
("Microsoft Excel" spreadsheet).  
Paragraph 1. In the case of inconsistency between the conte nt of the document submitted and the 
specifications regarding confidentiality undertaken in the system by the legal representative about 
the aforementioned document, the specifications undertaken by the legal representative in the 
system shall prevail.  
Paragraph 2. The disclosure of confidential information by mistake of classification of the document 
is sole responsibility of the party that submitted it.  
Article 8. The external user is responsible for:  
I - the access to an Internet Service Provider and the  configuration of the computer used in the 
electronic transmissions;  
II - the follow -up of the regular receipt of applications and documents transmitted electronically;  
III - the acquisition, by itself or by the institution to which it is linked, of the di gital certificate, 
ICP-Brasil standard, issued by accredited certification authority, and the respective portable 
cryptographic device;  G/ADP/N/1/BRA/3/Suppl.10 • G/SCM/N/1/BRA/2/Suppl.13 • G/SG/N/1/BRA/3/Suppl.4  
 
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  IV - the correct completion of the requested data and the fields contained in "DECOM Digital 
System "; 
V - the equivalenc e between the data reported in the "DECOM Digital System " and the data 
contained in the documents transmitted;  
VI - the registration of the parties or their legal representatives, by the name or corporate name 
contained in the Register of Individuals - CPF, the passport or the National Registry of Legal Entity 
- CNPJ of the Secretariat of the Federal Revenue of Brazil, by means of information from 
the CPF records, passport or CNPJ, as the case may be;  
VII - the preparation of the documents by digital means in accordance with the requirements set 
forth in this Directive, regarding the format of the files transmitted electronically;  
VIII - the integrity and readability of transmitted files; and  
IX - the timely transmission of files, for the purposes of complyi ng with procedural deadlines.  
Article 9. When the electronic file has been submitted to meet a procedural time limit, it shall be 
regarded as timely received the files hosted by "DECOM Digital System " until 11:59:59 PM, 
according to the official time of Brasilia, of the last day of the time limit set.  
Article 10. The "DECOM Digital System " will be available 24 (twenty -four) hours a day, 
uninterrupted, with the exception of system maintenance periods.  
Sole Paragraph. Scheduled maintenance of the system will be informed in advance and carried out, 
preferably between 0h on Saturday and 10pm on Sunday, or between 0h and 6h on other days of 
the week.  
Article 11. The lack of offer to users of any of the follo wing services will be  considered 
unavailability from the "DECOM Digital System " system:  
I - access to the system;  
II - user registration;  
III - digital case files inquiry; or  
IV - electronic transmission of documents.  
Paragraph 1. The failure of data transmission between the workstations of the external user and 
the public communication network, as well as the technical impossibility resulting from failures in 
the equipment or programs of external users, are not characterized as system unavailability.  
Paragraph 2. The unavailability will be analyzed individually, and the external user should contact 
the Ministry of Industry, Foreign Trade and Services, according to the guidelines contained in the 
system manual, when facing technical difficulties using i t. 
Article 12. The terms that expire on the day of occurrence of unavailability of any of the services 
referred to in art. 11 of this Ordinance will be extended to the business day following the system 
normalization.  
Sole Paragraph. The extension referred to in this article will be carried out automatically by DECOM 
and informed upon registration in the records of the ongoing processes.  
Article 13. This Ordinance shall enter into force on 15 June 2018.  
Article 14. Directive No. 58, dated 29 July 2015, of th e Secretariat of Foreign Trade is hereby 
revoked.  
ABRÃO MIGUEL ÁRABE NETO  
 
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