SECEX Ordinance 8/2019, published on April 17th, sets forth a new procedure to be conducted by the Under-secretariat of Trade Remedies and Public Interest ("SDCOM") regarding public interest analysis for the purposes of application of antidumping duties and countervailing measures. The public interest analysis may lead to the suspension or modification of such measures, which are trade remedies applied in the form of a specific rate or an ad valorem duty on imports.
In general, the Ordinance aims at turning the public interest analysis into a procedure more similar to the antidumping or subsidies investigation procedure. The table below presents the main changes identified:
|
Subject |
SECEX Ordinance 8/2019 (in force) |
CAMEX Resolution nº 29/2017 (revoked) |
|
Whether the analysis is mandatory |
Mandatory preliminary analysis in original dumping or subsidies
investigations. Optional analysis in sunset reviews. |
Mandatory analysis in sunset reviews. The analysis could be requested
by interested parties or be initiated ex officio by the authorities. |
|
Beginning of the analysis |
The analysis shall start concurrently with the beginning of original
dumping or subsidies investigations or at the beginning of sunset reviews.
The analysis must not start at another time. |
Beginning at any time, upon establishment of the analysis by the
authorities, following the request by an interested party or following
initiation ex officio by the authorities. |
|
Phases and deadlines of the procedure |
The initiation of the analysis, establishment of its phases and
deadlines and its conclusion will be concurrent with the investigation on
dumping or subsidies. |
Specific procedure, with deadlines and phases determined by CAMEX
Resolution 29/2017. |
|
Interested parties |
Parties that submit a Power of Attorney with specific powers and
respond to the “Public Interest Questionnaire”. Interested parties identified
as such in the antidumping or subsidies investigations are also deemed
interested parties in the public interest analysis. These comprise: domestic
producers, Brazilian importers, trade associations and producers / exporters
from the countries involved in the investigation. |
Parties which may be affected by the decision and which present a
request for registration and a submission within the period of forty-five
days counted from the date of initiation of the procedure. |