. /.   WORLD TRADE  
ORGANIZATION  WT/DS332/19/Add.2 
8 May 2009 
 (09-2276) 
 Original:   English 
  
 
BRAZIL – MEASURES AFFECTING IMPORTS OF RETREADED TYRES 
 
Status Report by Brazil
 
 
Addendum  
 
  The following communication, dated 7 May 200 9, from the delegation of Brazil to the 
Chairman of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.  
_______________ 
 
 
Status Report Regarding Implementation of the
 
DSB Recommendations and Rulings in the Dispute  
Brazil – Measures Affecting Imports of  Retreaded Tyres  
(WT/DS332) 
  1. Brazil submits this report in accordance with Article 21.6 of the Understanding on Rules and 
Procedures Governing the Settlement of Disputes. 
2. On 17 December 2007, the Dispute Settlement Body ("DSB") adopted the Panel and the 
Appellate Body reports in Brazil – Measures Affecting Imports of Retreaded Tyres ( WT/DS332).  At 
the DSB meeting on 15 January 2008, Brazil informed  the DSB of its intention to implement the 
recommendations and rulings of the DSB. At the same meeting, Brazil stated that it would need a "reasonable period of time" to do so, according to Article 21.3 of the DSU. 
3. In January 2008, Brazil and the EC initia ted discussions with a view to agreeing on a 
"reasonable period of time".  The matter was refe rred to arbitration by the EC pursuant to 
Article 21.3(c) of the DSU on 4 June 2008.  The Ar bitrator was composed by the Director-General on 
26 June 2008.  The arbitration award, circulated  on 29 August 2008, established that the reasonable 
period of time for the implementation was 12 months.  
4. As announced in Brazil's first status report in this dispute (WT/DS332/19), the judgment of 
the Supreme Court's judicial action brought by Braz il's Executive Branch in the form of an Allegation 
of Violation of Fundamental Precept (ADPF 101) with  the objective to seek a final ruling to prevent 
lower courts from issuing preliminary injunctions allo wing imports of used tyres in Brazil, as well as 
to revoke injunctions already granted, was initia ted on 11 March 2009.  The Reporting Judge's vote, 
widely favourable to the request of the Executiv e Branch, acknowledged the relevance of the import 
ban on used tyres to Brazil's comprehensive strategy to deal with waste tyres.  
5. As Brazil informed in its second status repor t, the proceedings before the Supreme Court 
concerning ADPF 101 were suspended due to the request of one of the 11 Justices of the Court to WT/DS332/19/Add.2 
Page 2  
 
  review the record of the case, a regular procedure in Brazil's and other countries' judicial systems.  
The judgment will be resumed as soon as the record is returned to the plenary of the Court. 
6. Details on the record of the judicial action can be found at the following website:  http://www.stf.jus.br/portal/processo/verPro cessoAndamento.asp?numero=101&classe=ADPF&orige
m=AP&recurso=0&tipoJulgamento=M  .  
Video footage of the session held on 11  March can be downloaded from:  
 http://www.tvjustica.jus.br/videos/ DIRETO_DO_PLENARIO_11_03_09_PARTE_1.wmv
 
http://www.tvjustica.jus.br/videos/ DIRETO_DO_PLENARIO_11_03_09_PARTE_2.wmv  
http://www.tvjustica.jus.br/videos/ DIRETO_DO_PLENARIO_11_03_09_PARTE_3.wmv  
http://www.tvjustica.jus.br/videos/ DIRETO_DO_PLENARIO_11_03_09_PARTE_4.wmv  
 
7. As stated in previous opportunities, Brazil believes that the judgment of ADPF 101 
constitutes a fundamental step in the strengthening of Brazil's environmental policy concerning tyres, 
as well as for the implementation of the recommendati ons and rulings of the DSB in this dispute.  
__________