brazil ‑ measures concerning the importation of pet film
from peru and imported products in general

REQUEST FOR CONSULTATIONS BY PERU

The following communication, dated 10 July 2020, from the delegation of Peru to the delegation of Brazil, is circulated to the Dispute Settlement Body in accordance with Article 4.4 of the DSU.

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Pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), Article 17 of the Agreement on Implementation of Article VI of the GATT 1994 (Anti‑Dumping Agreement) and Article XXII of the General Agreement on Tariffs and Trade 1994 (GATT 1994), the authorities of Peru have instructed me to request consultations with the Federative Republic of Brazil (Brazil) with respect to specific measures that affect the importation and marketing in that country of biaxially oriented polyethylene terephthalate (PET) film products from Peru and imported products in general.

These measures consist of definitive anti‑dumping duties on the importation of PET film products, including the various stages of the investigation carried out by the Under‑Secretariat of Trade Defence and Public Interest (SDCOM, the current title of the Department of Trade Defence at the Secretariat of Foreign Trade), which resulted in the imposition of these measures, as well as the differential tax treatment granted to imported products in general (including PET film products specifically), compared with the treatment received by like products of national origin in the context of the tax replacement scheme applicable to the industrial products tax (IPI).

The grounds for this request for consultations are set out below. Peru hopes to receive specific explanations from Brazil relating to these grounds with a view to exploring concrete alternative solutions to this dispute.