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GENERAL OVERVIEW

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(1)

SECRETARIAT OF FOREIGN TRADE DEPARTMENT OF TRADE REMEDIES

GENERAL OVERVIEW

NEW DELHI / April 2015

(2)

Trade Remedies Institutions in Brazil

- DECOM (Department of Trade Remedies) o Investigating Authority

o Dumping, Actionable Subsidies o Injury and Causality

o Safeguards

- CAMEX (Chamber of Foreign Trade) o Decision Authority

o Public Interest Analysis

o Formal proceeding apart from the investigation - RFB (Secretariat of Federal Revenue)

o Collection of duties

(3)

Decision Making Process

DECOM Technical Decision

Final Decision

Chamber of Foreign Trade (CAMEX)

GTDC

Recommendation Dumping, Subsidies,

Increased Imports DECOM

Investigation

Injury and causal link

(4)

 Minister of Development, Industry and Foreign Trade (chairman of the board)

 Minister Chief of Staff

 Minister of Finance

 Minister of Planning, Budget and Management

 Minister of Foreign Affairs

 Minister of Agriculture, Livestock and Food Supply

 Minister of Agrarian Development

Higher and Final Resolution Body, composed by the following Ministers:

Ministers Council

CAMEX – Brazilian Foreign Trade Chamber

(5)

MDIC

SECEX STI SDP SCS

DECOM DECEX DEINT DEPLA DENOC MDIC

SECEX SI SDP SCS

DECOM DECEX DEINT DEAEX DECOE

Department of Trade Remedies - DECOM

(6)

Brazilian Experience in Operating Trade Remedy Systems

o Concentration on dumping investigations

o 96,5% of all trade remedies proceedings initiated by Brazil were related to dumping (original investigations and reviews);

o 2,4% were subsidies investigations; and

o 1,1% were related to safeguards (original investigations and

reviews).

(7)

Decom – Statistics

Year Initation Preliminary Determination

Provisional

Measure Undertakings Definitive Measure

1988-2009 335 83 66 13 184

2010 40 0 0 0 12

2011 24 13 12 2 15

2012 65 3 3 1 17

2013 67 8 6 1 43

2014 45 56 17 3 42

2015 6 3 0 0 9

2010 -2015

Subtotal 247 83 38 7 137

% 2010 - 2015 42% 50% 37% 35% 43%

Total 582 166 104 20 321

(8)

Petitions

55

45

33 41

48

56

125

73 72

53

0 20 40 60 80 100 120 140

2005 2006 2007 2008 2009 2010 2011 2012 2013 2014

(9)

Investigations Initiated

2 2 2

11 10 30

17

5 18

15 22

19 10

20 16

19

13 13 24

19 29

19 40

24 65

67

45

0 10 20 30 40 50 60 70 80

1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014

(10)

Applied Measures

0 4

0 3

8

5 3

9

6 3

19

6 9

16

6 10

13 11

8 20

16 19

12 15

17

43 42

0 5 10 15 20 25 30 35 40 45 50

1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014

(11)

1%

16%

57% 26%

Petitions

Under analysis Denied Withdrawn Initiated

(12)

Investigations Initiated by Brazil (1988-2014)

Definitive Duty 54%

Duty and undertaking

2%

Undertakings 2%

No measure applied 36%

Ongoing Investigations

6%

(13)

MINISTRY OF DEVELOPMENT, INDUSTRY AND FOREIGN TRADE

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