./.   WORLD TRADE  
ORGANIZATION  G/LIC/Q/BRA/3/Add.1 
13 June 2006 
 (06-2831) 
Committee on Import Licensing Original:   English 
  
BRAZIL'S IMPORT LICENSING REQUIREMENTS FOR LITHIUM COMPOUNDS 
 
Questions from the UNITED STATES to BRAZIL
 
 
Addendum  
 
 The following communication, dated 9 June 2006, has been received from the delegation of the 
United States. 
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Question from the United States to Brazil Concerning Import Licensing Restrictions on  
Certain Lithium Compounds  
 1. The United States is deeply concerned by the fact that for almost three years we have 
requested information on Brazil’s import licensing requirements on certain lithium products and have 
not received any substantial response.  We are tr ansmitting comments and questions in advance of the 
meeting of the Import Licensing Committee of 21 Ju ne 2006, in order for the Brazilian authorities to 
be prepared to respond fully at that meeting. At the September 2004 meeting of the Committee on Import Licensing, the United States requested that  Brazil submit information concerning import 
licensing requirements for certain lithium products , such as lithium carbonate and lithium hydroxide, 
including but not limited to the following points:  
• The procedures for applying for and criteria fo r granting import licenses, and the basis for 
denying applications for these licenses.   
• Specific information for the period since 2000 on the quantity of imports for which import 
licenses have been requested and the quantity fo r which import licenses were actually granted. 
• Statistics for the period 2003 to date by value and volume, and by the supplying country for 
each of the lithium compounds. 
2. These questions were also circulated in document (G/LIC/Q/BRA/3).  The United States 
notes that Brazil has yet to respond to these questions.   
3. In its most recent notifications, e.g., G/LIC/N/ 3/BRA/4/Rev.1, Brazil states that it maintains 
licensing requirements on: 
- products which may pose risks to human, animal, or plant health; - products which may cause environmental damage; - products classified as weapons or made for warlike objectives; and - products subject to non-tariff quotas as estab lished in the WTO Agreement and products 
subject to tariff-rate quotas. G/LIC/Q/BRA/3/Add.1 
Page 2  
 
  4. At the June 2005 Committee Meeting, the United States requested, in addition to responses to 
our written questions in G/LIC/Q/BRA/3, informati on from Brazil on which of these criteria is the 
basis for its restrictions on imports of lithium carbonate and lithium hydroxide. 
5. According to the minutes from the June meeti ng, the delegate from Brazil stated:  “The 
Brazilian system for imports of lithium carbonate a nd lithium hydroxide was justified because of the 
potential risks, and the uses, including for nuclear ends.  In view of the different interpretation that the 
US had given, there were ongoing studies and an in ter-Ministerial commission established in Brazil 
was debating the matter.  This Commission involved the Ministry of Energy and Mining, the Ministry of Science and Technology, the Ministry of Develo pment, Industry and External Trade, the Ministry 
of External Trade, the Ministry of External Relations and the National Commission of Nuclear 
Energy.  Those debates were taki ng time and this was why Brazil had not yet been able to provide 
detailed responses as had been requested by the US.”  (G/LIC/M/21) 
6. At the September 2005 Committee Meeting (G/LIC/M/22), the United States requested 
information about the efforts of the Inter-Ministerial Commission: 
- What was the context and desired outcome of the Inter-Ministerial Commission? 
- Was the Inter-Ministerial Commission establis hed only to study Brazil's policy on lithium's 
compounds or were there other products involved? 
- What was the timeframe for the completion of the studies and recommendations from the 
Commission?   
7. At the September 2005 meeting, the representative of  Brazil replied that he did not have much 
to add to what was said at the June 2005 meeting.  Since the beginning of 2005, his authorities had 
created an Inter-Ministerial Group dedicated to th e question of lithium compounds legislation.  This 
Inter-Ministerial Group was in the process of review ing the relevant legislation and the questions 
posed by the United States.  Brazil hoped to provide further written information to the US and to the 
Committee, in addition to that provided in docum ent G/LIC/Q/BRA/2, soon after completion of the 
review.  He would inform his capital of the renewe d concerns of the US on this issue and hoped to 
provide a response very soon. (G/LIC/M/22) 
8. In addition to raising the issue at the Committe e on Import Licensing for almost three years, 
we have raised this issue a number of times in  bilateral discussions with Brazilian Government 
officials without much success.  We most recen tly raised the issue in April 2006 with Brazilian 
Ministry of External Relations officials.  In the p ast, one Brazilian Official noted that he believed that 
the issue was being handled at the World Trade Organi zation.  Although we have raised this issue for 
almost three years in the Committee on Import Lice nsing meetings, it has not moved forward because 
of incomplete responses from Brazil. 
9. At the June 2006 meeting of the Committee on Import Licensing, the United States requests 
the Government of Brazil submit responses to our written questions, as circulated in G/LIC/Q/BRA/3, noting also that the United States looks forward to results of the review by the Inter-Ministerial Group 
that has been studying the issue of lithium compound s legislation since the beginning of 2005.    
10. At this time, the United States again request s the information identified above and that 
Brazilian authorities ensure that its import licensing re gime for these products is fully consistent with 
WTO requirements.   
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