ANNOUNCED AS TEMPORARYNo
The Secretariat of Foreign Trade (SECEX) of the Ministry of Development, Industry and Foreign Trade (MDIC), published on June 12th, 2009, the Circular Letter SECEX nº 32, which made public the alteration in the rules to be applied in antidumping and countervailing duties investigations involving Bulgaria and Romania, which were granted, from this date on, the treatment of market economies.
Previously, these countries were considered 'economies in transition' (Circular SECEX nº 59 of 28th November, 2001). According to the criteria established by articles 3.2, 3.2.1 and 3.2.2 of this Circular Letter, for the purpose of antidumpinginvestigations, these countries' economies could be considered as either 'economies in transition' - and in this case the normal value could be determined on the basis of domestic prices - or as 'non predominantly market economies' - in which case, the normal value would be determined on the basis of prices or costs prevailing in a surrogate market-economy country (according tothe rules established by article 7 of Decree nº 1602 of 23rd of August, 1995, which is the Brazilian implementing regulation of the WTO Antidumping Agreement- ADA).
The change in status of Bulgaria and Romania implies that they will be treated according with the application of the general rule of the WTO AD Agreement, which tends to make the dumping margin determination more accurate and the process more predictable to the exporter.
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