. /.   WORLD TRADE  
ORGANIZATION  G/LIC/Q/BRA/4 
14 October 2008 
 
 (08-4888) 
Committee on Import Licensing Original:   English 
  
 
BRAZIL'S IMPORT LICENSING REQUIREMENTS FOR TOYS 
 
Questions from the UNITED STATES to BRAZIL
 
  
 The following communication, dated 10 October 2008, is being circulated at the request of 
the delegation of the United States.  
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Questions from the United States to Brazil regarding  
Brazil’s Import Licensing Requirements for Toys 
 
1. Our exporters have informed us that Brazil maintains a non-automatic import license system 
for imports of toys.  It appears that this licen se requirement was implemented towards the end of 
2005, shortly before Brazil’s safeguard m echanism for toys was set to expire. 
- Has Brazil notified this non-automatic im port license requirement concerning toys to 
the WTO Committee?   
- What provisions of Brazil’s law establish and implement this requirement?   
2. In its recent questionnaire response, subm itted October 2007, Brazil indicated that non-
automatic import licenses are required for products which “may cause damage to human, plant or 
animal health; products capable of causing environm ental damage; products classified as weapons or 
made for warlike purpose; products subject to non-tariff quotas… and products subject to tariff 
quotas.”   
- Do all toys fall under one of these categories? If so, which?  
- If not, what is the reason for the import license requirement? 
3. The United States has been advised by our e xporters that Brazil relies upon an unofficial 
reference price system to determine whether to i ssue an import license for toys.  While these reference 
prices are apparently widely known in the industry,  it does not appear that they have ever been 
published by the Government of Brazil.   
- Brazil’s most recent notification to the Committee does not include customs valuation 
as an authorized purpose for the application of import licensing requirements.  Does 
Brazil use such a system to allocate import licenses?  
- What specific criteria does Brazil use for approving or denying import license 
applications for shipments of toys?   G/LIC/Q/BRA/4 
Page 2  
 
  - Are import license applications for toys not approved by Brazil in cases where the 
invoice value of the import falls below a reference price?  
4. We note that in its most recent Questionnaire on Import Licensing Procedures 
(G/LIC/N/3/BRA/6), Brazil stated that the pro cessing time for applications is in accordance with 
Articles 2 and 3 of the Agreement.  However, our  exporters continue to experience long processing 
delays, with several cases regularly experiencing delays in excess of 90 days.   
- Please provide the maximum length of time for processing of an application for a 
license for the importation of toys. 
- What is the amount of time it normally tak es to process an application for a license to 
import toys? 
5. Also of concern are the reports that we have  received from our exporters, who state that in 
cases where the application has been  pending a decision for more th an 90 days, Brazil has simply 
cancelled the application and has not  provided a determination.   
- Under what circumstances would Brazil cancel an application without providing a 
determination?   
- When an application is cancelled, does Brazil provide the importer with an 
explanation for why it was cancelled?  
6. We ask that Brazil please notify the Committee of the full scope of its import licensing 
regime as outlined in Articles 5, 7 and 8 of the WTO Agreement on Import Licensing Procedures, including all import approvals administered by Ministries that meet the definition of an import license in Article 1. The limited notifi cations provided by Brazil to date to lack necessary information 
regarding certain products of interest, including toys.    
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