Brazil: Rules for implementation of anticircumvention policy regarding antidumping and compensatory measures
Description
On August 17th 2010, the Brazilian government announced the adoption of anticircunvention rules regarding the application of antidumping and compensatory measures, as established by Resolution CAMEX Nº 63.
Those rules were further implemented on 18th October by Portaria nº21 which establishes the investigation procedures that should be followed by Brazilian authorities for the application of anti-circumvention measures.
Any Evidence-Based Deliberation:
The rules implemented aimed at avoiding the circumvention of antidumping and countervailing measures applied by the Brazilian government. The new regime envisages the extension of the application of antidumping and countervailing measures already in force against products and their parts or components, or against third countries, in cases when it is determined the existence of circumvention practices to avoid the application of measures in force.
| Question | Result |
|---|---|
| Is there anything in the public record to suggest that evidence of the effectiveness of the proposed measure was considered during official deliberations? | No |
| Is there any evidence that alternatives to the proposed measure were considered? | No |
| Is there anything in the public record that suggests that empirical evidence informed the comparison across the alternatives available to government? | No |
| Was such evidence identified? | No |
| Is such evidence publicly available? | No |
| Did the official decision-maker in question provide an explanation as to why a chosen measure was favoured over alternatives? | No |
| Is there any evidence to suggest that potentially affected trading partners were consulted before the measures were taken? | No |
| Is there any evidence that safeguards have been put in place to ensure that implementation of the initiative is transparent and non-discriminatory? | No |
| Did the government state its intention to review the measure within one year of implementation? | No |
Date Discovered: 20/10/2010
Implemented: Yes
Date of inception: 20 Oct 2010
GTA Evaluation: Red
Source:
CAMEX Resolution nº 63 from August 17th 2010 - http://www.mdic.gov.br/arquivos/dwnl_1282139473.pdf
Portaria nº 21 - http://www.mdic.gov.br/arquivos/dwnl_1288010043.pdf
Government Response: The government issued the measure
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