New Brazilian antidumping Rules

Newsflash for foreign exporters to Brazil.

On the last 26^th July, Ms. Dilma Roussef (president of Brazil) has promulgated the Decree nº 8.058/13 that details the Brazilian anti-dumping rules.

Among all the new measures brought by the Decree, some should be highlighted, as follows:

• The Department of Foreign Trade of the Ministry of Development, Industry and Foreign Trade (SECEX) and the Council of Ministers of the Foreign Trade Chamber (CAMEX) concentrates a lot of power when concerning dumping investigation. The first one is responsible for starting and ending investigation and the second one decides when to impose the anti-dumping measures and when to suspend such application. (art. 2º and 5º);
• Clear (albeit very broad) concept of dumping under the Brazilian understanding, which is the exportation of products with costs lower than its regular value in comparison with similar products (arts. 7º, 8º and 9º);
• Establishes the deadline for examining an application for anti-dumping investigation shall not exceed 60 days (art. 150);
• Determines the provisional application of anti-dumping measures during the investigation process (until 120 days counting from the start of the investigation process). (art. 65);
• The reduction of the maximum investigation term from 15 to 10 months (art. 72);
• The investigation starts with a petition from the domestic industry that feels jeopardized. The petition must include evidence of dumping, injury to the domestic industry and causation (Art. 38);
•   Sets up a deadline of 15 days for the review of the claim (art. 41);
•   The investigation may be closed if the exporters involved in the dumping commit to adjust the pricing (art. 67);
•   The penalties applied under the anti-dumping duty shall be proportional to the damage caused by the dumping activity (art. 78).

But you will have time to get used to these new rules. They will only be in force from October the 1^st onward. 

 Meanwhile I suggest the exporters who are into dumping to try and adjust their business. The Brazilian government seems to be quite serious about those rules.

You may find the full text of the rules in this link, in Portuguese.

See also:

Selling Chinese shoe products and insoles in Brazil. Anti-dumping measures, brand registration and other considerations