notification of laws and regulations under
articles 18.5 and 32.6 of the agreements

replies to the questions posed by the united states[1]
regarding the NOTIFICATION of brazil[2]

The following communication, dated and received on 30 October 2024, is being circulated at the request of the delegation of Brazil.

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Question 1

Article 6 states that requests for the initiation of a public interest test may be made by national interested parties, national industrial companies using the product subject to the AD or CVD measure, and national users whose interests are adversely affected by the AD or CVD measure. Is it possible for foreign producers/exporters which are subject to Brazilian trade remedy measures to request and participate in a public interest investigation? If not, please explain why not, given that foreign producers/exporters may be able to provide a perspective that may be of benefit in public interest investigations.

Reply:

SECEX Ordinance n° 282 of 2023 does not provide for the possibility of foreign governments or foreign producers/exporters subject to antidumping or countervailing measures to request the initiation of a public interest assessment procedure or to participate in it as interested parties.

Public interest assessment procedures in Brazil are meant to safeguard legal interests that are inherently domestic, pertaining exclusively to national individuals or national legal entities. As such, foreign entities are not entitled to participate in the relevant discussions.

If the Department of Trade Remedies (DECOM) considers it appropriate to seek additional information from foreign governments or foreign producers/exporters, it may do so pursuant to Article 26 of SECEX Ordinance n° 282 of 2023. However, this does not grant such governments or producers/exporters the status of interested parties.

It should be emphasized, however, that the public interest assessment process conducted under SECEX Ordinance n° 282 of 2023 is distinct from the investigation governed by the Antidumping Agreement (and domestically by Decree n° 8,058 of 2013). In that investigation, which occurs prior to the public interest assessment, all procedural and substantive rights of foreign parties (including governments and producers/exporters) are duly safeguarded, including those described in Article 6.12 of the Antidumping Agreement.

Question 2

Paragraph 2 of Article 12 states that the decision regarding whether to initiate a public interest proceeding may be extended according to a reasoned decision by SECEX. Please explain how DECOM will notify interested parties of extensions in the initiation and conduct of its public interest investigations.

Reply:

In accordance with Article 12 of SECEX Ordinance N° 282 of 2023, the initiation of a public interest assessment is disclosed via publication in the Official Gazette of a decision by the Foreign Trade Secretariat, based on a report prepared by the Department of Trade Remedies (DECOM). This publication will inform the parties whether or not the extended deadline for initiation was applied.

Question 3

Article 17 states that interested parties to Brazilian public interest investigations include national interested parties, national industrial companies using the product subject to the AD or CVD measure, national users whose interests are adversely affected by the AD or CVD measure, and certain government agencies of the Brazilian government. Are foreign producers/exporters and governments able to participate in Brazilian public interest investigations, including submitting evidence and comments, and receiving copies of documents associated with the investigation, including DECOM's technical report/analysis? If not, please explain why foreign entities affected by Brazilian trade remedy measures are not considered interested parties in public interest proceedings affecting such measures?

Reply:

Please refer to the response provided for question 1.

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