ANNOUNCEMENT 12 Jun 2009

In June 2009, the government of Brazil granted market-economy status concerning Bulgaria and Romania in terms of trade defence.

NUMBER OF INTERVENTIONS

2

  • 0 harmful
  • 0 neutral
  • 2 liberalising

SOURCE

CIRCULAR NÂș 32, DE 10 DE JUNHO DE 2009, issued on 12 June 2009: http://www.mdic.gov.br/arquivos/dwnl_1245247978.pdf

Inception date: 12 Jun 2009 | Removal date: open ended

Anti-dumping

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 duties investigations involving Bulgaria and Romania, which were granted, from this date on, the treatment of market economies. The amended rules also apply to anti-subsidy investigations, see related intervention. 
 
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 antidumping investigations, 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 to the 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 to 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.

AFFECTED SECTORS

 
N/A

AFFECTED PRODUCTS

 
N/A
Inception date: 12 Jun 2009 | Removal date: open ended

Anti-subsidy

On 12 June 2009, the Secretariat of Foreign Trade (SECEX) of the Brazilian Ministry of Development, Industry and Foreign Trade (MDIC) issued Circular Letter SECEX nº 32 amending the rules applied in countervailing duties investigations involving Bulgaria and Romania, which were granted, from this date on, the treatment of market economies. The amended rules also apply to antidumping investigations. For further details of the regime previous imposed regime, see related state act.
 
The change in status of Bulgaria and Romania means that they will be treated according to the application of the general rule of the WTO Agreement, which tends to make the dumping margin determination more accurate and the process more predictable to the exporter.

 
N/A
 
N/A