Brazil initiates sunset review of antidumping duties on steel cord

Please be informed that the Brazilian government initiated on June 30, 2022 a sunset review of the antidumping duties applicable on steel cord (NCM 7312.10.90), originating from China. Such products are used in civil construction, but specifically in industrialized concrete construction; building construction; artwork; cable-stayed bridges; vertical barriers or tie-rods; wind-tower assembly systems; railway works; and industrial flooring works

Please note that this is the first review of the antidumping duties relating to this product. Antidumping measures were originally applied in 2017.

Upon initiation of the review process, the Brazilian government may extend these measures for an additional period of five (5) years.

The review must be concluded within ten months, counting from its initiation date, and this term may be extended for up to two months in exceptional circumstances. Furthermore, the antidumping measures will remain in force during the review process.

Furthermore, in accordance with Brazilian trade defense regulations and based on multilateral legislation, in particular the provisions of Article 15(a) of China's Protocol of Accession to the WTO, it was concluded that market economy conditions do not prevail in the production segment of the similar product subject to the present review.

In this case, interested parties should provide sufficient elements to assess, in the determination of price comparability, whether (i) Chinese prices and costs corresponding to the production segment under investigation will be used or whether (ii) an alternative methodology will be adopted that is not based on a strict comparison with Chinese domestic prices or costs.

The participation of exporters and importers is of utmost importance to prevent the continued imposition of antidumping measures or, at least, reduce the current dumping margin. There are several points that can be challenged as regards the allegations of continuation of dumping and injury.

Companies have 20 (twenty) days, that is, until July 25, 2022 to request their participation in the investigation to the Brazilian Trade Defence Department (DECOM). If companies miss this deadline, they will not be able to participate in this procedure.

DECOM will provide importers and exporters with a questionnaire which shall be submitted back within 30 (thirty) days. There is possibility of requesting an extension of this deadline.

Figueiredo Law Advocacia remains at your disposal to clarify any doubts about the process.

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