   
  
G/ADP/N/1/BRA/3/Suppl.15  
G/SCM/N/1/BRA/2/Suppl.18  
G/SG/N/1/BRA/3/Suppl.9  
 
4 February 2022 
(22-0873) Page: 1/3 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
Committee on Safeguards  Original: English  
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES 18.5, 32.6 AND 12.6 OF THE AGREEMENTS  
BRAZIL 
Supplement  
The following notification, dated  and received on  21 January  2022, is being circulated at the request 
of the delegation of Brazil.  
 
_______________  
 
FEDERAL OFFICIAL GAZETTE  
Published on : 07/07 /2021 | Edition : 126  | Section : 1 | Page: 431  
Body: Ministry of Economy/Special Secretariat for Foreign Trade and 
International Affairs/Foreign Trade Secretariat  
NORMATIVE INSTRUCTION NO. 01, OF 06 JULY 2021  
Provides the proceedings for the 
necessary adaptations to the procedures 
of trade remedies investigations and 
public interest analyses conducted by 
the Undersecretariat of Trade Remedies 
and Public Interest, as a result of the 
new coronavirus pandemic (COVID -19).  
The SECRETARIAT OF FOREIGN TRADE, OF THE SPECIAL SECRETARIAT OF FOREIGN 
TRADE AND INTERNATIONAL AFFAIRS IN THE MINISTRY OF ECONOMY, in the use of the powers 
conferred upon it by item VIII of article  91 of Annex I to Decree No. 9,745, of April 8, 2019, resolves:  
Article  1 - Due to the COVID -19 pandemic, the Undersecretariat of Trade Remedies 
and Public Interest of the Secretariat of Foreign Trade of the Ministry of Economy – SDCOM decided 
to suspend, for an indefi nite period, the carrying out of on-site verification procedures.  
Article  2 - Given the continued impossibility of carrying out on -site verification 
procedures, SDCOM will proceed, exceptionally, only with a detailed analysis of all information 
submitted b y interested parties in the scope of trade defense investigations and public interest 
assessments, seeking to verify its correction based on the cross -analysis of the information filed by 
each interested party with that submitted by the other parties, as w ell as with information from 
other sources available to the Undersecretary’s Office, if possible and when applicable  G/ADP/N/1/BRA/3/Suppl.15 • G/SCM/N/1/BRA/2/Suppl.18 • G/SG/N/1/BRA/3/Suppl.9  
 
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  Article  3 - In order to validate the information submitted, SDCOM may send a letter 
requesting evidence to interested parties.  
Paragraph 1 - Through the official letter referred to in the caput, SDCOM may request 
additional information in addition to those provided for in paragraph 2 of article  41 and paragraph 2 
of article  50 of Decree No. 8.058 of July 26, 2013, and proof elements, pursuant  to article  179 of 
said decree, such as samples of invoices, accounting documents, payment receipts and details of 
specific expenses.  
Paragraph 2 - After sending the official letter referred to in the caput , changes to the 
data to be verified will not be allowed, with the exception of clarifications regarding the information 
previously submitted by the parties, as provided for in paragraphs 5 and 7 of article  175 of Decree 
No. 8.058, of 2013.   
Paragraph 3 - Clarifications regarding information previously s ubmitted by the parties 
must be submitted accompanied by detailed explanations.   
Paragraph 4 - The deadline for the protocol of response to the letter requesting 
evidence will be 10 (ten) days from the date of acknowledgment of the request, extendable once  for 
up to ten (10) days depending on the deadlines of the process and upon duly reasoned request.  
Article  4 – The interested parties may request a meeting to clarify doubts about the 
content of the letter requesting evidence.   
Paragraph 1 - The holding of  the meeting referred to in the caput  will depend on the 
availability of SDCOM staff.  
Paragraph 2 - The interested party must indicate in the request the items of the official 
letter in relation to which there is a need for clarification.  
Paragraph 3 - The holding of the meeting referred to in the caput  will not justify the 
extension of the period provided for in paragraph 4 of article  3. 
Article  5 - It is essential that interested parties submit their information as complete, 
clear and acc urate as possible, meeting all requirements and requests for data contained in 
questionnaires and other communications sent by SDCOM.   
Sole paragraph.  The information submitted by the interested parties must be 
accompanied by their respective evidence, jus tifications, sources and methodologies used, as well 
as worksheets and auxiliary documents that may have been used in the preparation of this 
information.   
Article  6 - If the interested party’s response to the letter requesting evidence is filed 
within the  period provided for in paragraph 4 of article  3 and if the need for further clarification is 
not identified, SDCOM will record the completion of the verification procedure in the process.  
Article  7 - If additional clarifications are needed after receiving the responses to the 
letter requesting evidence, SDCOM will send an official letter requesting a clarification meeting with 
the interested party, which will contain an indication of the matters to  be addressed at the meeting.   
Paragraph 1 - The purpose of the meeting provided for in the caput  is limited to the 
presentation by the interested party of additional clarifications to the information submitted in 
response to the letter requesting evidence , not being allowed to present new information or change 
the information previously filed by the party in question.  
Paragraph 2 - The additional clarifications submitted by the interested party during the 
meeting will only be considered by SDCOM if they ar e reproduced in writing and registered in the 
file of the process within 2 (two) business days after the meeting and shall be limited to the 
clarifications submitted in said meeting.  
Article  8 - Additional clarifications filed by the interested party, purs uant to paragraph  2 
of article  7 will be analyzed by SDCOM.  
Sole paragraph.  If such clarifications are considered satisfactory, SDCOM will include 
in the process a record of closing the verification procedure.   G/ADP/N/1/BRA/3/Suppl.15 • G/SCM/N/1/BRA/2/Suppl.18 • G/SG/N/1/BRA/3/Suppl.9  
 
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  Article  9 - If SDCOM observes that the inform ation submitted by petitioners requires 
additional information, corrections or significant adjustments, the respective petitions may be 
rejected, pursuant to paragraph 2 of article  43 of Decree No. 8.058, of 2013. Likewise, if SDCOM 
finds that the data and  information submitted by the petitioner do not allow proof of the existence 
of damage to the domestic industry caused by unfair trade practices, the corresponding 
administrative proceeding may be closed, pursuant to item I of article  74 of said decree.  
Article 10 - If SDCOM finds that the other interested parties denied access to the 
necessary information, did not provide it in a timely manner, created obstacles to the investigation 
or did not present the data and information requested by the Undersecretar y’s Office, duly 
accompanied by the respective elements of evidence, an official letter will be sent to the interested 
party informing that the determinations may be totally or partially elaborated based on the best 
available information, pursuant to artic les 179 to 184 of Decree No. 8058, of 2013.   
Article  11 - Temporary changes in procedures submitted in this Normative Instruction 
will apply, as appropriate, to public interest assessments and investigations of subsidies and global 
or bilateral safeguards conducted by Brazil.  
Article  12 - Normative Instruction No. 01, of August 17, 2020, of the Secretariat of 
Foreign Trade is hereby revoked.  
 
 
LUCAS PEDREIRA DO COUTO FERRAZ  
 
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