G/ADP/N/1/BRA/3/Suppl.9  
G/SCM/N/1/BRA/2/Suppl.12  
G/SG/N/1/BRA/3/Suppl.3  
 
8 February 2018  
(18-0857) Page: 1/2 
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 26 January 2018 , is being circulated at the request of the 
Delegation of Brazil . 
 
_______________  
 
 
DECREE No. 9.107, OF JULY 26, 2017  
 
Provides for the time limits and the  
requirements applicable to fragmented  
industries in the context of trade  
remedies investigations.  
 
THE PRESIDENT OF THE REPUBLIC, in the exercise of the duties conferred by article  84, chapeau, 
sub-paragraphs IV and VI, of the Brazilian Federal Constitution, and taking into account the 
provisions of article 170, chapeau, subparagraph IX, and of article  179 of the Brazilian Federal 
Constitution, and  
 
Considering the provisions of the Agreement on Implementati on of Article VI of the 
General  Agreement on Tariffs and Trade – GATT/1994, of the Agreement on Subsidies and 
Countervailing Measures and of the Agreement on Safegua rds, enacted through Decree  No. 1.355, 
of December 30, 1994, and regulated b y Decree No. 1.751, of December  19, 1995, and by 
Decree  No. 8.058, of July 26, 2013,  
 
HEREBY DECREES:  
 
Article 1. In trade remedies investigations involving fra gmented industries, time limits for filing 
applications and supplementary information to the application, and for the examination of 
information submitted by such industries will be determined by the competent investigating 
authority, in the context of eac h process, taking into account the specificities of each fragmented 
sector of the national industry and the principles of proportionality and reasonableness.  
 
Paragraph 1. A fragmented industry is an industry that involves a large number of domestic 
produc ers.  
 
Paragraph 2. The investigating authority will determine whether the national production of the 
product concerned is considered a fragmented industry.  
 
Paragraph 3. The determination foreseen in paragraph 2 shall be motivated and will consider, 
among  other factors, the extent to which the national production of the product concerned is 
diffuse and the distribution by size of national producers.  
 G/ADP/N/1/BRA/3/Suppl.9 • G/SCM/N/1/BRA/2/Suppl.12 • G/SG/N/1/BRA/3/Suppl.3  
 
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  Paragraph 4. The act which initiates the trade remedy investigation shall contain the investigating 
authori ty's determination, in accordance with paragraphs 2 and 3.  
 
Art. 2º The Secretary of Foreign Trade of the Ministry of Industry, Foreign Trade and Services shall 
publish a legal act setting forth the information that is to be included in the applications to  be filed 
by the investigated fragmented industry, or on its behalf, in each trade remedy investigation, and 
the format for its presentation, subject to the requirements of the relevant Brazilian regulations.  
 
Art. 3º This Decree shall enter into force on the date of its publication.  
 
Brasília, July 26 2017, 196th of Independence and 129th of Republic.  
 
 
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