G/ADP/Q1/BRA/30  
G/SCM/Q1/BRA/30  
 
4 August 2015  
(15-4010)  Page: 1/2  
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures  Original: English  
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLES 18.5 OF THE AGREEMENT1 
REPLIES TO QUESTIONS POSED BY THE UNITED STATES2 
REGARDING THE NOTIFICATION OF BRAZIL3 
The following communication, dated 29 July 2015, is being circulated at the request of the 
Delegation of Brazil.  
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 Question 1 
 
Article 5 of Directive 36 states  that producers or exporter s may offer price undertakings 
during the period between an affirmative pr eliminary determination and the "end of the 
period for submitting information". Please  clarify when the "period for submitting 
information" ends in Brazilian antidumping proceedings.  Reply 
 The period for submitting information lasts up to 120 days after the preliminary determination. This period can vary in each investigation, but in all cases it will be indicated in the preliminary 
determination report. 
 Question 2 
 
Article 27 of Directive 42, as well as the last sentence of Article 6 of  Directive 36, states 
that "the requirements provided for in spec ific normative act issued by SECEX on legal 
representation of interested pa rties in trade remedies processe s shall be observed". It is 
our understanding that all Brazilian legislatio n concerning the legal representation of 
interested parties in trade remedy investigations (e.g., Ordinance SECEX no. 2, dated 
22 January 2014) had been revoked. Is this  understanding correct? If not, please 
indicate the normative act that currently gove rns the legal representation of interested 
parties in Brazilian trade remedy investigations.  
 
Reply 
 
The understanding is correct.  
Question 3 
 Article 11 of Directive 42 states that applicat ions for anti-circumvention reviews should 
"whenever possible" list the companies invo lved in the circumvention practice. Under 
what circumstances will DECOM accept an app lication for anti-circumvention review that 
does not specify the specific producers, expo rters, or importers involved in the alleged 
                                               
1 Agreement on Implementation of Article VI of  the General Agreement on Tariffs and Trade 1994 
(Anti-Dumping Agreement). 
2 G/ADP/Q1/BRA/29-G/SCM/Q1/BRA/29 and G/ADP/Q1/BRA/29/Corr.1-G/SCM/Q1/BRA/29/Corr.1.   
3 G/ADP/N/1/BRA/3/Suppl.6 (dated 11 November 2014). G/ADP/Q1/BRA/30 • G/SCM/Q1/BRA/30 
 
- 2 - 
 
  circumvention practice(s)? In such cases,  would DECOM investigate all producers, 
exporters, or importers (e.g., all produc ers/exporters in a third country or all 
importers/processers in Brazil of part s/components) subject to the alleged 
circumvention practice? 
 
Reply 
 
DECOM will accept applications for anti-circumvention review that do not specify the specific 
producers, exporters, or importers involved in the alleged circumvention practice in cases where the number of companies involved is so large that the domestic industry is not able to indicate the companies involved in such practice(s). In any case, DECOM will use a customs database of import 
transactions in order to identify producers, export ers, or importers. The decision to use a selection 
of producers/exporters is based on a case-by-case analysis.  
In case there is a selection, the review shall be  suspended and anti-dumping duties shall not be 
extended to the known producers or exporters wh o exported the product investigated during the 
period of review but that were not included in the selection". 
 
  
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