INVESTIGATION PROGRESS

Date Status
04 Nov 2013 Definitive duty
17 Jul 2013 Preliminary duty
10 May 2012 Initiation

IMPLEMENTATION LEVEL

National

AFFECTED FLOW

Inflow

ANNOUNCED AS TEMPORARY

No

NON-TRADE-RELATED RATIONALE

No

ELIGIBLE FIRMS

all

JUMBO

No

TARIFF PEAK

No
← back to the state act
Inception date: 17 Jul 2013 | Removal date: open ended
Still in force

Anti-dumping

On May 9th, 2012, the Secretary for Foreign Trade of the Brazilian Ministry of Development, Industry and Foreign Trade decided to initiate an anti-dumping investigation on imports of monoethanolamine and triethanolamine from Germany and the United States of America (Circular No. 20, 09.05.2012).
The products subject to investigation are classified under the following HS codes: 2922.1100 and 2922.1310.
The complaint was lodged on December 5th, 2011 by Oxiteno Nordeste S.A. Indústria e Comércio. The investigation started on the day of the publication of the circular in the Federal Official Gazette of Brazil, i.e. on May 10th, 2012.
 
On April 23rd, 2013, the Brazilian authorities decided to extend for up to six months, from May 10th, 2013, the investigation period to determine the existence of dumping practices in exports of monoethanolamine and triethanolamine from Germany and the United States of America (Circular No. 21, 23.04.2013). Circular No. 21 was published in the Federal Official Gazette of Brazil on April 24th, 2013.
 
On July 16th, 2013, the Brazilian authorities decided to impose a provisional anti-dumping duty on imports of monoethanolamine and triethanolamine from Germany and the United States of America (Resolution No. 50, 16.07.2013). The products subject to the measure are classified under HS codes 2922.1100 and 2922.1310, as well as 3824.9089.
The amount of the duty imposed on imports originating in Germany is USD 687.36 per metric ton. The amount of the duty imposed on imports originating in the United States of America is USD 689.13 per metric ton, at the exception of the company Ineos Oxide whose exports are subject to a duty of USD 57.43 per metric ton.
This provisional duty entered into force on the day of the publication of the resolution in the Federal Official Gazette of Brazil, i.e. on July 17th, 2013, and is applicable for a period of four months.
 
On November 1st, 2013, the Brazilian authorities decided to impose a definitive anti-dumping duty on imports of monoethanolamine and triethanolamine from Germany and the United States of America (Resolution No. 93, 01.11.2013).
The products subject to the measure are classified under HS codes 2922.1100 and 2922.1310, as well as 3824.9089. The rate of the duty imposed on imports originating in Germany is 41.2%. The rate of the duty imposed on imports originating in the United States of America is 59.3%, at the exception of the companies Ineos Oxide and The Dow Chemical Company whose exports are subject to a duty of 7.4% and 59% respectively.
This definitive duty entered into force on the day of the publication of the resolution in the Federal Official Gazette of Brazil, i.e. on November 4th, 2013, and is applicable for a period of five years.
 
On May 19th, 2014, the US company The Dow Chemical Company lodged an application so that its subsidiary Union Carbide Corporation can benefit from its reduced duty (exports of the company The Dow Chemical Company are subject to a duty of 59% while the general rate applied to imports originating in the United States of America is 59.3%).
 
On July 3rd, 2014, the Brazilian authorities decided to grant to Union Carbide Corporation the reduced duty that already applies to its parent company The Dow Chemical Company, i.e. 59% instead of 59.3% (Resolution No. 49, 03.07.2014). This modification entered into force on the day of the publication of the resolution in the Federal Official Gazette of Brazil, i.e. on July 4th, 2014.
 
On May 12th, 2015, the Brazilian authorities decided to initiate an evaluation of the scope of products subject to the above-mentioned anti-dumping measure (Circular No. 32, 12.05.2015).
This review should evaluate if some specific goods classified under HS code 3824.9089 should continue to be subject to the measure imposed by Resolution No. 93 dated November 1st, 2013.
This review follows the application lodged on March 23rd, 2015 by Lubrizol do Brasil Aditivos Ltda. The review started on the day of the publication of the circular in the Federal Official Gazette of Brazil, i.e. on May 13th, 2015.
 
On July 22nd, 2015, the Brazilian authorities concluded the review and decided to exclude 30 chemicals from the scope of products subject to the anti-dumping measure imposed by Resolution No. 93 dated November 1st, 2013 and then amended by Resolution No. 49 dated July 3rd, 2014 (Resolution No. 65, 22.07.2015). For more details about the exact definition of those products, please see Resolution No. 65.
This modification entered into force on the day of the publication of the resolution in the Federal Official Gazette of Brazil, i.e. on July 23rd, 2015.

AFFECTED COUNTRIES

MAP
TABLE
EXPORT

AFFECTED SECTORS AND PRODUCTS

341 Basic organic chemicals
2922 Oxygenfunction aminocompounds.
292211 Monoethanolamine and its salts
354 Chemical products n.e.c.
3824 Prepared binders for foundry moulds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included.
382490 Other

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