G/ADP/N/1/BRA/3/Suppl.8  
 
20 December 2016  
(16-6968) Page: 1/4 
Committee on Anti -Dumping Practices  Original: English  
 
NOTIF ICATION OF LAWS AND REGULATIONS  
UNDER ARTICLE  18.5 OF THE AGREEMENT  
BRAZIL 
Supplement  
The following communication, dated 16 December 2016 , is being circulated at the request of the 
Delegation of Brazil . 
 
_______________  
 
 
MINISTRY OF INDUSTRY, FOREIGN  TRADE AND SERVICES  
SECRETARIAT OF FOREIGN TRADE  
 
 
DIRECTIVE No. 42, DATED SEPTEMBER 14, 2016  
(Published in the Government Gazette, September 15, 2016)  
Provides for the procedures r elating to assessment of scope,  
under Section I of Chapter IX of Decree No.  8058,  
dated July 26, 2013.  
THE SECRETARY OF FOREIGN TRADE OF THE MINISTRY OF INDUSTRY, FOREIGN TRADE AND 
SERVICES,  in the exercise of the duties conferred by sub -paragraph VIII of Article 17 of Annex I of 
Decree No. 8663, dated February 3, 2016, resolves  as follows:  
CHAPTER I  
GENERAL INFORMATION  
Article 1. The applications for assessment of scope provided for in Article 147 of Decree No. 8058, 
dated July 26, 2013, shall be prepared 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 Secretariat of the Federal Revenue of Brazil of the 
Ministry of Finance.  
Article 2. Any interested party in the assessment of scope may request the ini tiation of an 
assessment of scope, in order to determine if the product is subject  to an anti -dumping measure in 
force.  
Article 3. Any interested party in the original investigation or in the reviews of the measures that 
include dumping, injury and causal link analyses is considered an interested party in the 
assessment of scope, in addition to importers that have imported or have the intention to import 
the product subject to the assessment of scope.  G/ADP/N/1/BRA/3/Suppl.8  
 
- 2 - 
 
  Sole Paragraph. The acknowledgment of other parties that  consider themselves interested in the 
assessment of scope will be granted by DECOM, upon assessment of the justification presented in 
the request of qualification as an interested party.  
Article 4. The proceduring of administrative processes, the notifica tion of acts, the constituting of 
case files, and the transmission of pleadings, under the assessments of scope provided for in 
Decree No. 8058 of 2013, shall be made through DECOM Digital System - DDS, regulated by 
Directive No. 58, dated July 29, 2015.  
Article 5. DECOM may conduct on -the-spot investigations to verify the information provided.  
Article 6. DECOM may not take into consideration applications in case it considers that the 
definition of the product subject to the measure is sufficiently clear.  
Article 7. SECEX shall publish the notice of initiation of the assessment of scope in the Government 
Gazette.  
Sole paragraph. The date of initiation of the assessment of scope shall be the date of publication of 
the notice to which this chapeau refers to.  
Article 8. The assessments of scope shall be interpretative and shall not modify the scope of the 
anti-dumping measures in force.  
CHAPTER II  
APPLICATION CONTENT  
Article 9. The application for assessment of scope must contain:  
I – information on corporate n ame, 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 Chamber of Foreign Tr ade (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(s); chemical composition; physic al characteristics, technical standard s and specifications, 
production processes, uses and applications, interchangeability and  channels of distribution;  
V – any other characteristic considered relevant to the identification of the product to be ass essed;  
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 Nomencla ture under which the product 
to be assessed is commonly classified;  
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 b e 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 r elevant standards/regulations; and  
X – the name(s) of the foreign manufacturer(s) and Brazilian importer(s) of the product to be 
assessed.  G/ADP/N/1/BRA/3/Suppl.8  
 
- 3 - 
 
  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 10.  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 enabl ing the 
definition of the product shall be provided.  
Article 11. All information submitted shall be accompanied by evidence, reasoning, sources and 
methodologies.  
Article 12. Applications which do not comply with the provisions set forth in this Directive may not 
be taken into consideration.  
CHAPTER  III 
TIME LIMITS AND PROCEDURES  
Article 13. The procedures of assessment of scope shall observe the following time limits:  
I – fifteen (15) days to request qualification as interested parties in the assessment of  scope;  
II – fifteen (15) days to request hearings;  
III – thirty (30) days to authorize legal representatives of interested parties in the assessment of 
scope;  
IV - thirty (30) days to submit written comments or evidence;  
V – forty (40) days to submit fin al comments on the information contained in the case file;  
VI – sixty (60) days to elaborate the final determination of the assessment of scope.  
 
Paragraph 1. Time limits provided for in this article shall be counted from the date of initiation of 
the asse ssment of scope.  
Paragraph 2. The schedule to which sub -paragraph III of Article 149 of Decree No. 8058 of 2013 
refers to, including time limits provided for in this article, shall be published with the notice of 
initiation of the assessment of scope.  
Article 14. In the event a final conclusion is based solely on the information contained on the 
application or other evidence contained on the case file, DECOM shall prepare the final 
determination, within 60 days, from the date of publication of the notice to  which Article 7 of this 
Directive refers to, in accordance with sub -paragraph VI of Article 13 of this Directive.  
Article 15. In the event of hearings, submission of questionnaires or on -the-spot verifications, 
DECOM shall prepare its final determination  within 120 days from the date of publication of the 
notice to which Article 7 of this Directive refers to.  
Paragraph 1. In the event of submission of questionnaires, the acts referred to in 
sub-paragraphs  IV and V of Article 13 of this Directive shall obs erve the following time limits:  
I – ninety days to submit written comments or evidence; and  
II – one hundred days to submit final comments on the information contained in the case file.  
 
Paragraph 2. In the event it is necessary send questionnaires during the fact -finding phase of the 
assessment of scope, a new schedule with time limits for the restitution of the questionnaires and 
new time limits for the submission of written comments or evidence, the submission or final 
comments on the information contain ed in the case file and the elaboration of the final 
determination of the assessment of scope.  
Paragraph 3. Producers or exporters, importers and domestic producers shall be granted ten (10) 
days to return the questionnaires, from the date of acknowledgmen t of such request.  
Article 16. Time limits provided for in this Directive shall be counted continuously, including the 
respective due dates.  G/ADP/N/1/BRA/3/Suppl.8  
 
- 4 - 
 
  Article 17. Counting of time limits shall begin on the first business day after publication of the 
notice or issua nce of the respective correspondence, where applicable.  
Article 18. The time limits provided for in this Directive may be extended for one equal period, in 
accordance with Article 194 of Decree No. 8058, of 2013.  
CHAPTER  V 
HEARINGS  
Article 19. Hearings sh all be held with the authorized interested parties upon request by one or 
more of the authorized interested parties or by initiative of DECOM, in order to ensure the right to 
an adversarial proceeding and ample defense.  
Paragraph 1. Hearings shall be reque sted in writing within a period of fifteen (15) days from the 
date of initiation of the assessment of scope, in accordance with sub -paragraph II of Article 13 of 
this Directive, and the request shall include a list of the specific matters to be addressed i n the 
hearing.  
Paragraph 2. Only requests for hearings involving matters relating to the scope of the 
anti-dumping measure in force shall be granted.  
Paragraph 3. The authorized interested parties shall be notified of the hearing and of the matters 
to be a ddressed at least twenty (20) days prior to such hearing.  
Paragraph 4. Attendance at the hearing shall be voluntary and the absence of any interested party 
shall not be used against such party.  
Paragraph 5. Authorized interested parties shall submit in wr iting the arguments they wish to 
present at least ten (10) days prior to the hearing and indicate the legal representatives that will 
be attending the hearing at least three (3) days prior thereto. Authorized interested parties may 
submit additional oral i nformation at the hearing.  
Paragraph 6. DECOM shall only consider oral information presented at the hearing if such 
information is submitted in writing and filed within a period of ten (10) days following the hearing, 
in order to be attached to the restri cted case file.  
Paragraph 7. If the hearing is recorded, the oral statements made by the authorized interested 
parties may be used by DECOM to prepare its determinations, in which case the authorized 
interested parties shall not be required to submit such statements in writing.  
Paragraph 8. The recordings or the respective transcripts shall also be attached to the restricted 
case file.  
CHAPTER  VI 
FINAL DISPOSITIONS  
Article 20. This Directive shall enter into force on the day of its publication.  
Article 21.  Directive No. 37, dated September 18, 2013, is hereby revoked.  
 
DANIEL MARTELETO GODINHO  
__________