G/ADP/N/1/BRA/3/Suppl.16  
G/SCM/N/1/BRA/2/Suppl.19  
G/SG/N/1/BRA/3/Suppl.10  
 
4 February 2022 
(22-0872) Page: 1/4 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
Committee on Safeguards  Original: English  
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES 18.5, 32.6 AND 12.6 OF THE AGREEMENTS  
BRAZIL 
Supplement  
The following notification, dated  and received on  21 January  2022, is being circulated at the request 
of the delegation of Brazil.  
 
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FEDERAL OFFICIAL GAZETTE  
Published on: 11/03/2021 | Edition: 206 | Section: 1 | Page: 29  
Body: Ministry of Economy/Special Secretariat for Foreign Trade and 
International Affairs/Foreign Trade Secretariat  
NORMATIVE INSTRUCTION NO. 03, OF 22 OCTOBER 2021  
(REPUBLISHED OF 25 OCTOBER 2021)  
Provides the proceedings for the 
necessary adaptations to the procedures 
of trade remedies investigations and 
public interest analyses conducted by 
the Undersecretariat of Trade Remedi es 
and Public Interest, as a result of the 
new coronavirus pandemic (COVID -19).  
The SECRETARIAT OF FOREIGN TRADE, OF THE SPECIAL SECRETARIAT OF FOREIGN 
TRADE AND INTERNATIONAL AFFAIRS IN THE MINISTRY OF ECONOMY, in the use of the powers 
conferred upon it by item VIII of article  91 of Annex I to Decree No. 9,745, of April 8, 2019, resolves:  
Article  1 - Considering the evolution of the COVID -19 pandemic, preference will be 
given to on -site verification procedures provided in articles 175 to 178 of Decree No.  8058, of 2013, 
considering the fulfillment of the conditions of art. 2 of this Ordinance, and, in its impossibility, 
SDCOM will carry out verification of evidence, pursuant to arts. 3rd to 9th of this Ordinance.  
Article  2 - The performance of on -site veri fication procedures provided for in arts. 175 
to 178 of Decree No. 8058, of 2013, will depend on the fulfillment of the following conditions:  G/ADP/N/1/BRA/3/Suppl.16 • G/SCM/N/1/BRA/2/Suppl.19 • G/SG/N/1/BR A/3/Suppl.10  
 
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  I – adaptation to the current rules of the Ministry of Economy on travel by its 
employees;  
II – availability of se rvers to carry out the procedures of the chapeau;  
III – availability of employees of the verified parties, in Brazil or abroad, to receive on -
site verification;  
IV – formal acceptance of the interested parties to be verified for carrying out the visits;  
V – analysis of the evolution of the pandemic situation in the places where the visits 
were carried out;  
VI - rules for the entry permission of Brazilian travelers;  
VII – other factors that may impede or hinder the performance of the procedures in 
the caput . 
Paragraph 1 Any indication by the interested party of the impossibility of complying 
with the conditions mentioned in the chapeau for carrying out an on -site verification must necessarily 
be accompanied by arguments and evidence, when applicable.  
Paragraph 2 In the event that the arguments and evidence mentioned in §1 are 
considered by SDCOM as impediments to the procedure, the verification of the evidence will be 
carried out in accordance with art. 3rd.  
Paragraph 3 In the event that the arguments and evidence mentioned in §1 are 
considered by SDCOM as not impeding the on -site verification, the party will bear any consequences 
arising from its decision.  
Article 3 - Noted the impossibility of carrying out on -site verification procedures, 
SDCOM will p roceed, exceptionally, only with a detailed analysis of all information submitted by 
interested parties in the scope of trade defense investigations and public interest, seeking to verify 
its correction based on the cross -analysis of the information filed by each interested party with that 
submitted by the other parties, as well as with information from other sources available to the 
Undersecretary’s Office, if possible and when applicable  
Article  4 - In order to validate the information submitted, SDCOM ma y send a letter 
requesting evidence to interested parties.  
Paragraph 1 - Through the official letter referred to in the caput, SDCOM may request 
additional information in addition to those provided for in paragraph 2 of article  41 and paragraph 2 
of article  50 of Decree No. 8.058 of July 26, 2013, and proof elements, pursuant to article  179 of 
said decree, such as samples of invoices, accounting documents, payment receipts and details of 
specific expenses.  
Paragraph 2 - After sending the official lett er referred to in the caput , changes to the 
data to be verified will not be allowed, with the exception of clarifications regarding the information 
previously submitted by the parties, as provided for in paragraphs 5 and 7 of article  175 of Decree 
No. 8.05 8, of 2013.   
Paragraph 3 - The submission of the evidence must be separated in:  
I- clarifications that require minor corrections, pursuant to §7 of art. 175 of Decree 
No. 8058, of 2013, in the data previously reported by the party, which must be presented together 
with the correction of data, a detailed explanation and justification for which they consist minor 
corrections; and  
II- evidence and other clarifications regarding information previously presented by the 
parties, as requested in the communication object of the chapeau.   
Paragraph 4 - SDCOM will carry out an analysis of the detailed explanation and 
justification mentioned in item I of Paragraph 3 in order to verify whether they consist of minor 
corrections.  
Paragraph 5 - The deadline for the protoco l of response to the letter requesting 
evidence will be 10 (ten) days from the date of acknowledgment of the request, extendable once for 
up to ten (10) days depending on the deadlines of the process and upon duly reasoned request.  G/ADP/N/1/BRA/3/Suppl.16 • G/SCM/N/1/BRA/2/Suppl.19 • G/SG/N/1/BRA/3/Suppl.10  
 
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  Article  5 - Interested p arties may request a meeting to clarify doubts about the content 
of the letter requesting evidence.   
Paragraph 1 - The holding of the meeting referred to in the caput  will depend on the 
availability of SDCOM technicians.  
Paragraph 2 - The interested party must indicate in the request the items of the official 
letter in relation to which there is a need for clarification.  
Paragraph 3 - The holding of the meeting referre d to in the caput  will not justify the 
extension of the period provided for in paragraph 5 of article  4. 
Article  6 - It is essential that interested parties submit their information as complete, 
clear and accurate as possible, meeting all requirements and requests for data contained in 
questionnaires and other communications sent by SDCOM.   
Sole paragraph.  The information submitted by the interested parties must be 
accompanied by their respective evidence, justifications, sources and methodologies used, as well 
as worksheets and auxiliary documents that may have been used in the preparation of this 
information.   
Article  7 - If the interested party’s response to the letter requesting evidence is filed 
within the period provided for in paragraph 5 of article  4 and if the need for further clarification is 
not identified, SDCOM will record the completion of the verification procedure in the process.  
Article  8 - If additional clarifications are needed after receiving the responses to the 
letter requesting evidence , SDCOM will send an official letter requesting a clarification meeting with 
the interested party, which will contain an indication of the matters to be addressed at the meeting.   
Paragraph 1 - The purpose of the meeting provided for in the caput  is limited to the 
presentation by the interested party of additional clarifications to the information submitted in 
response to the letter requesting evidence, not being allowed to present new information or change 
the information previously filed by the party in question.  
Paragraph 2 - The additional clarifications submitted by the interested party during the 
meeting will only be considered by SDCOM if they are reproduced in writing and reg istered in the 
file of the process within 2 (two) business days after the meeting and shall be limited to the 
clarifications submitted in said meeting.  
Paragraph 3 - Additional clarifications filed by the interested party, pursuant to 
paragraph 2 of articl e 7 will be analyzed by SDCOM.  
Paragraph 4.  If such clarifications are considered satisfactory, SDCOM will include in 
the process a record of closing the verification procedure.   
Article  9 - If SDCOM observes that the information submitted by petitioners requires 
additional information, corrections or significant adjustments, the respective petitions may be 
rejected, pursuant to paragraph 2 of article  43 of Decree No. 8.058, of 2013. Likewise, if SDCOM 
finds that the data and information submit ted by the petitioner do not allow proof of the existence 
of damage to the domestic industry caused by unfair trade practices, the corresponding 
administrative proceeding may be closed, pursuant to item I of article  74 of said decree.  
Article  10 - If SDCOM  finds that the other interested parties denied access to the 
necessary information, did not provide it in a timely manner, created obstacles to the investigation 
or did not present the data and information requested by the Undersecretary’s Office, duly 
accompanied by the respective elements of evidence, an official letter will be sent to the interested 
party informing that the determinations may be totally or partially elaborated based on the best 
available information, pursuant to articles  179 to 184 of D ecree No. 8058, of 2013.   
Article  11 - The possible carrying out of on -site verifications for certain interested 
parties and verifications of evidence based on art. 3 for other interested parties of the same 
investigation or review, it will not be consider ed favorable or unfavorable treatment for one, to the 
detriment of the other.  
Article  12 - Temporary changes in procedures submitted in this Normative Instruction 
will apply, as appropriate, to public interest and investigations of subsidies and global or  bilateral 
safeguards conducted by Brazil.  G/ADP/N/1/BRA/3/Suppl.16 • G/SCM/N/1/BRA/2/Suppl.19 • G/SG/N/1/BR A/3/Suppl.10  
 
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  Article  13 - Normative Instruction No. 01, of July 06, 2021, of the Secretariat of Foreign 
Trade is hereby revoked.  
Article  14 - Normative Instruction No. 02, of October 06, 2021, of the Secretariat of 
Foreign Tra de is hereby revoked.  
Article 15 - This Normative Instruction enters into force on the date of its publication 
in the Federal Official Gazette.  
 
 
LUCAS PEDREIRA DO COUTO FERRAZ  
 
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