Global Trade Alert

On November 21, 2014, the Secretary for Foreign Trade of the Brazilian Ministry of Development, Industry and Foreign Trade decided to initiate an anti-subsidy investigation on imports of polyethylene terephthalate films (PET films), thickness between 5 and 50 micrometres, from India (Circular No. 72, 21.11.2014).
The products subject to investigation are classified under the following HS codes: 3920.6219, 3920.6291, 3920.6299, 3920.6211, 3920.6300, 3920.6899 and 3920.6900.
The complaint was lodged on April 30, 2013 by Terphane Ltda. The investigation started on the day of the publication of the circular in the Federal Official Gazette of Brazil, i.e. on November 24, 2014.

On September 18th, 2015, the Brazilian Ministry of Development, Industry and Foreign Trade made a preliminary determination of subsidisation against imports of PET films from India without imposing a provisional measure (Circular Secex No. 60, 18.09.2015). The investigation continues until the final determination. Circular Secex No. 60 was published in the Federal Official Gazette of Brazil on September 21st, 2015.

On November 13th, 2015, the Secretary for Foreign Trade of the Brazilian Ministry of Development, Industry and Foreign Trade decided upon the extension for up to six months, from November 24th, 2015, the investigation period to determine the existence of subsidisation in exports of the above-mentioned products from India (Circular No. 73, 13.11.2015). Circular No. 73 was published in the Federal Official Gazette of Brazil on November 16th, 2015.
 
On 22 April 2016, the Brazilian authorities imposed a definitive countervailing duty on imports of the above-mentioned products from India (Resolution No. 36, 20/04/2016). The duty is collected in the form of a specific tax between USD 4.24 and USD 689.66 per tonne depending on the company. This is with the exemption company Ester Industries Ltd. which is not subject to countervailing duties. The duty is in force for a period of five years.