WORLD TRADE  
ORGANIZATION   
G/ADP/Q1/BRA/18 
G/SCM/Q1/BRA/18 22 October 2012 
 
(12-5734) 
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures Original:   English 
 
 
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS 
 
Replies to Questions Posed by the UNITED STATES1  
Regarding the Notification of BRAZIL2 
 
  The following communication, dated 19 October 2012, is being circulated at the request of 
the Delegation of Brazil.    
 
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Question 1 
 
 Please describe how Brazil's analysis a nd resulting recommendations concerning public 
interest will differ under GTIP than prior to the establishment of GTIP.   
 
Reply 
 
 The Technical Group for Public Interest Asse ssment (GTIP) was created with the purpose of 
assessing the interest in the suspension or modifi cation of definitive antidumping and countervailing 
measures as well as waivers on the application of provisional antidumping and countervailing 
measures for reasons of public interest.  The main  objective of the group is to analyse arguments and 
data regarding public interest on a technical level.   GTIP will not issue recommendations but rather 
conclusions which will summarize all the relevant t opics brought to the attention of the participants 
during the proceedings. 
 
Question 2 
  Article 5 of Resolution 13  states that requests to suspend, modify or waive the 
application of provisional or definitive duties as sociated with an existing measure or ongoing 
investigation can be made by GTIP members or other federal government agencies.  Can 
requests to evaluate public interest also be ma de by the interested parties to a particular 
proceeding ( e.g., the respondent, importer or government of the foreign exporters)?   
 
Reply 
  Article 4 of Resolution 13 allows any interest ed party to request an evaluation based on public 
interest before the GTIP. 
 
                                                      
1 G/ADP/Q1/BRA/16-G/SCM/Q1/BRA/16. 
2 G/ADP/N/1/BRA/2/Suppl.7-G/ SCM/N/1/BRA/2/Suppl.7.   G/ADP/Q1/BRA/18 
G/SCM/Q1/BRA/18 Page 2 
 
 
  Question 3 
  Please explain how the investigations of public interest conducted by GTIP will be 
incorporated into the preliminary and final de terminations of trade remedy investigations. 
 
Reply 
  The preliminary and final determinations of tr ade remedy investigations will not incorporate 
the conclusions issued by GTIP. As  stated in the article 7 of Reso lution 13, the conclusions of GTIP 
will be submitted directly to the Executive Commi ttee of the Chamber of Foreign Trade (Comitê 
Executivo de Gestão da Câmara de Comércio Exterior - GECEX) or to the CAMEX Council of Ministers at the same time as the final recommenda tion on the application of definitive or provisional 
antidumping or countervailing measures is under c onsideration by the Committee or the Council. 
 
Question 4 
  Once a public interest investigation has been  launched, what role can the interested 
parties play in the investigation?  Will the part ies be allowed to submit data, arguments and 
counter-arguments in the proceeding?  Will GTIP issue a report addressing the arguments made by interested parties during the course of  the investigation as well as describing its 
analysis and conclusions reached?  If so, will this report be made available to the interested 
parties?  When will the report be made available to interested parties (before or after the final 
decision is published by CAMEX)? 
 
Reply 
  The internal procedures of the GTIP are still evolving and further information on these matters will be notified.  At this point, it can be made  clear that the principle of transparency will be 
duly respected and there will be adequate opportunity for the interested parties to present their views 
on the discussions. 
 
Question 5 
  What opportunities exist for interested part ies to make comments on the final report 
GTIP provides to CAMEX?  Can the interested parties submit arguments directly to CAMEX?  Will CAMEX address these arguments?  What au thority does CAMEX have to issue results 
that differ from the recommendations issued by GTIP?      
Reply 
  No decision has been taken so far regarding the publication of a report with the conclusions of 
GTIP.  Every argument regarding public interest re lated to trade defense me asures must be assessed 
by GTIP before they are analyzed by CAMEX.  In  Brazil, all the decisions related to trade defense 
measures are by law exclusively the competence of CAMEX, which is not bound by the conclusions 
offered by GTIP. 
 
Question 6 
 
 Article 8 of Resolution 13  states that GTIP will have up to four months to complete its 
investigation and submit its conclusions to the Co uncil of Ministers, but that this time limit can 
be extended.  What is the maximum length of time a public interest investigation can be extended?    G/ADP/Q1/BRA/18 
 G/SCM/Q1/BRA/18 
 Page 3 
 
 
   
Reply 
  The GTIP may extend the time limit of four m onths to complete its investigation whenever 
the Members find that there is an appropriate reason for the continuity of the public interest analysis. 
 
Question 7   Article 12 of Resolution 13  states that GTIP intends to issue separate Rules of Internal 
Procedure regarding the conduct of its public interest  investigations.  When do you expect these 
rules to be issued and notified to the WTO?   
 
Reply 
 
 The Government of Brazil emphasizes that th e principle of transparency will be properly 
respected and further decisions will be  duly notified to the Committees. 
 
 
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