  
  
G/SG/N/1/BRA/3/Suppl.13  
 
5 August 2022  
(22-5849) Page: 1/8 
Committee on Safeguards  Original: English  
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLE 12.6 OF THE AGREEMENT  
BRAZIL 
Supplement  
The following communication, dated and received on 29 July 2022, is being circulated at the request 
of the delegation of Brazil.  
 
 
_______________  
 
MINISTRY OF ECONOMY  
SPECIAL SECRETARIAT FOR FOREIGN TRADE AND INTERNATIONAL AFFAIRS 
SECRETARIAT FOR FOREIGN TRADE  
ORDINANCE N. 169, OF 26 JANUARY 2022  
 
Provides for the specific rules of 
administrative procedures related to the 
application of safeguard measures provided 
for by Decree No. 1,488, of 11 May, 1995, 
hitherto provided for by SECEX 
Circulars  No. 19, of 2 April,  1996 and No. 59, 
of 28 November,  2001. 
 
THE DEPUTY SECRETARY OF FOREIGN TRADE OF THE SPECIAL SECRETARIAT FOR FOREIGN TRADE 
AND INTERNATIONAL AFFAIRS OF THE MINISTRY OF ECONOMY, in the use of the powers conferred 
on her by item VIII of Article 91 of Annex I of Decree N o. 9,745, of 8 April, 2019, and considering 
the powers of the Undersecretariat for Trade Remedies and Public Interest established in Article 96 
of Annex I of Decree N o. 9,745, of 2019, for the purposes of compliance with Decree N o. 10,139, of 
28 November,  2019, resolves:  
CHAPTER I  
GENERAL PROVISIONS  
 
Article 1. The regulation of specific rules that govern administrative procedures related to the 
application of safeguard measures provided for in Decree No. 1,488, of 11 May, 1995, referring to 
petitions for the app lication of safeguard measures mentioned in its Paragraph 1 of Article 3, as well 
as to the treatment of confidential information, the calculation of time limits and the presentation of 
information in a foreign language, are the object of this Ordinance.  
 
Article 2. The general rules used in trade remedies proceedings, provided for in Ordinance No. 162, 
of 6 January, 2022, apply subsidiary to this Ordinance.  
 G/SG/N/1/BRA/3/Suppl.13  
 
- 2 - 
 
  CHAPTER II  
REQUEST FOR APPLICATION OF SAFEGUARD MEASURES  
 
Article 3. Requests for the application of safeguard measures, mentioned in Paragraph 1 of Article 3 
of Decree No. 1,488,  of 1995,  must be formulated by means of a petition, in accordance with the 
script attached to this Ordinance.  
 
Article 4. A petition for the application of safegu ard measures object of Article 1,  as well as all 
documentation relating to the administrative procedure initiated for this purpose, must be submitted 
via the Electronic Information System - SEI/ME, pursuant to rules set forth by SECEX.  
 
Article 5. Doubts a nd requests for clarification must be sent to SDCOM through the electronic address 
sdcom@economia.gov.br . 
 
CHAPTER III 
INFORMATION PROVIDED IN A CONFIDENTIAL NATURE  
 
Article 6. Under the terms of Paragraph 6, 7 and 8 of Article 3 of Decree No. 1,488, of 1995, 
information provided on a classified basis, understood as “confidential”, will be subject to the 
requirements of this chapter.  
 
Article 7. Confidential information will be added to the confide ntial case file.  
 
Paragraph 1. Information identified by the interested parties as confidential will be treated as such, 
provided that the request is duly justified, situation in which it cannot be revealed without the 
express authorization of the party th at provided it.  
 
Paragraph 2. Interested parties that provide confidential information must submit restricted 
summaries with details that allow the understanding of the information provided, under penalty of 
the confidential information being disregarded.  
 
Paragraph 3. In cases where it is not possible to present the summary, the parties must justify such 
circumstance in writing.  
 
Paragraph 4. The justifications referred to in Paragraph 1 and Paragraph 3 do not constitute 
confidential information.  
 
Paragrap h 5. The following justifications of confidentiality for documents, data and information will 
not be considered adequate, inter alia : 
 
I - when they have a well -known public nature in Brazil, or are in the public domain, in Brazil or 
abroad; or  
 
II - the relatives to:  
 
a) the shareholding composition and identification of the respective controlling party;  
 
b) the corporate organization of the group to which it belongs;  
 
c) the volume of production, domestic sales, exports, imports and inventories;  
 
d) any contracts entered into by public deed or filed with a notary public or with a commercial 
registry, in Brazil or abroad; and  
 
e) property, financial and business statements of a publicly -held company; company equivalent to 
a publicly -held company; or co mpanies controlled by publicly -held companies, including foreign 
companies, and their wholly -owned subsidiaries, which must be published or disclosed pursuant to 
corporate law or the securities market.  
 
Paragraph 6. The non -confidential summary concerning confidential numerical information must be 
presented in numerical format, in the form of index numbers, inter alia . 
 G/SG/N/1/BRA/3/Suppl.13  
 
- 3 - 
 
  Paragraph 7. All versions of documents, responses to questionnaires and other submissi ons must be 
filed simultaneously to comply with the deadlines and obligations established in Decree No. 1,488, 
of 1995.  
 
Paragraph 8. At SDCOM's discretion, documents, data and information presented on confidential 
bases will not be considered, when the co nfidential treatment may result in the curtailment of the 
right of defense and of the adversarial principle of the other interested parties.  
 
Paragraph 9. If SDCOM considers the request for confidentiality unjustified and the interested party 
that has prov ided the information refuses to adapt it for annexation in non -confidential records, the 
information may be disregarded, unless it is demonstrated, to the satisfaction and by an appropriate 
source, that such information is correct.  
 
Paragraph 10. The indic ation of confidentiality of the documents presented is the responsibility of 
the interested party and must appear on all its pages, centered at the top and bottom of each page, 
in red.  
 
Paragraph 11. The pages must be numbered sequentially and must contain  an indication of the total 
number of pages that make up the document.  
 
CHAPTER IV  
COUNTING OF TERM  
 
Article 8. The deadlines start to run from the date of acknowledgment of the notifications, excluding 
the commencement  day and including the day in which the period ends.  
 
Sole Paragraph. The term is considered extended until the first following business day, if the due 
date falls on a day when there is no working day or if the business day is concluded before the 
normal time.  
 
Article 9. The calculat ion of deadlines begins on the first business day following the publication of 
the act.  
 
Sole Paragraph. It is assumed that interested parties will be aware of printed documents sent by 
SDCOM 5 (five) days after the date of their sending or transmission, i n the case of national interested 
parties, and 10 (ten) days, if they are foreign, and, in the case of electronic administrative 
documents, knowledge of electronically transmitted documents is assumed 3 (three) days after the 
date of transmission.  
 
Article  10. Deadlines expressed in days are counted continuously. Deadlines set in months or years 
are counted from the date to date.  
 
Sole Paragraph. If in the month of the expiry date there is no day equivalent to that of the beginning 
of the term, the last day  of the month is used as term.  
 
Article 11. Requests for extension, when admitted, can only be known if submitted before the expiry 
of the original deadline and the first day of the extended deadline will be the day following the expiry 
of the original dea dline.  
 
Article 12. The extension period is added to the original, and the resulting total period is counted 
uninterruptedly from the beginning of the original period.  
 
CHAPTER V  
DOCUMENTS PRESENTED IN FOREIGN LANGUAGES  
 
Article  13. Pursuant  to Article  18 of Law No. 12,995  of 18 June,  2014,  for the purposes  of 
investigations  related  to the application  of safeguard  measures,  carried  out under  the terms  of the 
Agreement  that regulates  the provisions  of Article  XIX of the GATT, approved  by Decree  No. 1,355,  
of 30 December  1994,  documents  prepared  in the official  languages  of the World  Trade  Organization  
may be incorporated  into the case file, and, in the case of documents  prepared  in foreign  languages  
for which  there is no sworn translator  in Brazil,  translations  into Portuguese  will be accepted  if G/SG/N/1/BRA/3/Suppl.13  
 
- 4 - 
 
  submitted  by the official  representation  of the exporting  origin  in Brazil,  provided  that they are 
accompanied  by an official  communication  attesting  to the authorship  of the transla tion. 
 
Paragraph  1. Subject  to the provisions  of the Caput  of this article  and at the discretion  of SDCOM,  
the following  will also be accepted  in the non-confidential  case file of administrative  procedures  
relating  to the application  of safeguard  measures:  
 
I - translations  into Portuguese  carried  out by the official  representation  of the exporting  country  in 
Brazil,  considering  the country  of origin  or export  that is an interested  party  in a trade remedies  
process,  or by the legal representative  of the interested  party who presents  it, provided  that they 
are accompanied  by official  communication  attesting  to the authorship,  reliability  and accuracy  of 
the translation;  and 
 
II – documentation  in the official  languages  of the World  Trade  Organization  obtained  directly  from 
the official  governmental  website  or other  reliable  and impartial  sources,  such as banks  of legal texts 
or the website  of the World  Trade  Organization.  
 
Paragraph  2. In the case of documents  prepared  in foreign  languages  for which  there is no sworn  
translator  in Brazil,  translations  into Portuguese  will be accepted  in the confidential  and non-
confidential  case files made  by the official  representation  of the exporting  country  in Brazil,  
considering  the country  of origin  or export  that is an interested  party in a trade remedies  process,  
provided  that they are accompanied  by an official  communication  attesting  to the authorship,  
reliability  and accuracy  of the translation;  
 
Paragraph  3. The submissions  made  based  on Paragraph  1 must,  under  risk of non-acceptance:  
 
I - be attached  to the non-confidential  case files of the investigation,  in order  to allow the 
contradictory  of the other  interested  parties;  
 
II – clearly  and verifiably  indicate  the sources  of the documentation  presented;  and 
 
III – be accompanied  by the entire  content  of the document  in its original  language  in a searchable  
and editable  digital  format  using  character  recognition,  so that it is subject  to analysis  facilitated  by 
other  interested  parties.  
 
Paragraph  4. The conformity  of the documents  submitted  pursuant  to this article  will be presumed,  
and the Undersecretariat  for Trade  Remedies  and Public  Interest  or any interested  party  may 
challenge  submissions  as a result  of: 
 
I – non-compliance  with the formal  requirements  mentioned  in this article;  or 
 
II – lack of reliability  or inaccuracy  of the documents  presented,  provided  that it is duly justified  and 
accompanied  by the necessary  evidence.  
 
Paragraph  5. If there is no reliability  or inaccuracy  in the information  provided  or contained  in the 
documents  presented  to SDCOM,  the interested  party will be urged  to present  a translation  signed  
by a sworn  translator  in Brazil,  under  penalty  of using  the best information  available  in the case file. 
 
Paragraph  6. If intent  is found  in the inappropriate  use of the provisions  of Paragraph  1, the best 
available  information  will be used,  and the interested  parties  and their legal representatives  may be 
held accountable  before  the administrative  and civil spheres.  
 
CHAPTER VI  
FINAL DISPOSITIONS  
 
Article  14. The following  are hereby  revoked:  
I - Circular  SECEX  No. 19, of 2 April,  1996,  published  in the Federal  Official  Gazette  of 8 April, 1996;  
and 
II - Circular  SECEX  No. 59, of 28 November,  2001,  published  in the Federal  Official Gazette  of 10 
December,  2001.  
 
Article  15. This Ordinance  enters  into force on February  1, 2022.   G/SG/N/1/BRA/3/Suppl.13  
 
- 5 - 
 
  SOLE ANNEX  
SCRIPT FOR SUBMITTING PETITIONS FOR APPLICATION OF SAFEGUARD MEASURES  
 
I. GENERAL INSTRUCTIONS  
 
1. The safeguards investigation petition must contain information indicating a significant increase 
in imports, serious injury or threat thereof to the domestic industry and the causal relationship 
between them.  
2. The information requested in the script presented below is of reference nature.  
3. The corres ponding responses must cover as many questions as possible, for the effective 
justification of the petition.  
4. If any of the information provided by the petitioners is confidential, such character must be duly 
justified. In this case, two versions of the pet ition must be provided, one containing all 
information, including confidential information, and another containing non -confidential 
information, as well as a non -confidential summary of the information considered confidential. 
In cases where it is not poss ible to present such a summary, the non -presentation must be duly 
justified.  
5. Indicate the source of the information presented, when the information is not appurtenant to 
the petitioner(s) themselves.  
 
II. NECESSARY INFORMATION  
 
1. Qualification of Petitioner(s)  
 
1.1. From the Petitioner(s):  
1.1.1.  Corporate Name:  
1.1.2.  Address:  
1.1.3.  Telephone:  
1.1.4.  Email:  
 
1.2. From the Authorized Legal Representative(s) with Secretariat of Foreign Trade (SECEX):  
1.2.1.  Name:  
1.2.2.  Address:  
1.2.3.  Telephone:  
1.2.4.  E-mail: 
1.2.5.  Position:  
 
Note : Attach relevant documentation to the digital information system (SEI/ME).  
 
2. Product object of the Investigation Request  
 
2.1. Product identification and Mercour's Tariff Classification (NCM).  
 
2.2. Evolution of the Import Tax (from the last 5 years to the current month).  
 
2.3. Provide a detailed description of the imported product and the like and/or directly competitive 
product manufactured domestically. Such description must contain information on the technical 
characteristics, indicating, as appropriate, the type, model, class, dimension, capacity, potency, 
chemical composition and/or other particular element of the product.  
 
2.4. Identify the main applications of the product.  
 G/SG/N/1/BRA/3/Suppl.13  
 
- 6 - 
 
  3. National Production and Petitioner Representativeness (information from the last 12 
mont hs) 
 
3.1. Present the list of manufacturers of the product in question in the country, providing name, 
address, telephone and fax, identifying those represented in this petition.  
 
3.2. Inform the estimated volume and value of the national production of the like prod uct. 
 
3.3. Indicate the share (%) of national production (quantity and value) of the product in question 
attributed to the manufacturers represented in this petition. If the petition is presented by a 
class entity, indicate the name of the represented producers , as well as the volume and value 
of the production that corresponds to them.  
 
4. Imports of the Product Concerned  
 
4.1. Evolution of imports of the product in question, in quantity and value, in the last 5 (five) years, 
up to 2 months before the date of entry of the petition, according to the country of origin.  
 
4.2. Indicate the main importing firms that you are aware of.  
 
4.3. Provide the average monthly export prices (in US$) to Brazil, by country of origin, in the last 5 
years up to 2 months prior to the filing  date of the petition:  
 
 Country A  Country B  Country...  
FOB Price     
Freight     
Insurance     
CIF price     
Import tax     
Other import costs (specify)     
Total    
 
4.4. Data on export potential to Brazil - effective production capacity or potential of the exporting 
country(ies) to Brazil - Identify the source(s) used.  
 
5. Serious Injury or Threat Thereof  
 
Note : All information requested in this item must be provided annually for the last 5 years and up 
to 2 months prior to the filing date of the petition.  
 
Amounts must be presented in current currency and in US$, exchange rates must be explained, as 
well as the methodology used in the conversion.  
 
5.1. Data on the national production of the like or directly competitive  to the imported product, in 
terms of quality and value.  
 
5.1.1.  Annual production.  
5.1.2.   Annual inventory.  
5.1.3.   Annual export.  
5.1.4.   Annual sales to the domestic market.  
5.1.5.   Annual apparent consumption:  
 
In the case of a seasonal product, provide the requested information aggregated according to the 
relevant periods.  
 
5.2. Petitioner Data (Information per company).  
 
5.2.1.  List the company's production lines, and present the total revenue value per production line.  
 G/SG/N/1/BRA/3/Suppl.13  
 
- 7 - 
 
  5.2.2.  In relation to the product in question and other relevant production lines (that is, those that 
together with the production of the product concerned represent at least 70% of the company's 
total revenue), indicate separately:  
 
- Evolution of installed capacity, specifying operational regime (1, 2 or 3 shifts) and degree of 
occupation; (In the case of agricultural products, provide the evolution of the planted area);  
- Annual production, quantity and value; (In the case of agricultural products, also inform the 
quantity of seeds planted and productivity);  
- Annual sales to the domestic market, quanti ty and value (Total and by market segment);  
- Annual export, quantity and value;  
- Evolution of monthly prices in the domestic and foreign markets;  
- Evolution of annual stocks, quantity, and  
- Evolution of employment in production, management and sales.  
 
In the case of a seasonal product, present the requested information aggregated according to the 
relevant periods.  
 
5.2.3.  In relation to the like or directly competitive to the imported product, present the cost 
structure, broken down in accordance with the item s below.  
 
 Technical Coefficient  Unit price  Total cost  
a) Raw material (specify)     
b) Direct labor     
c) Other Costs (specify)     
d)Total Production Cost(A+B+C)     
e) Administrative Expenses (specify)     
f) Commercial Expenses (specify)     
g) Total Cost (D+E+F)     
h) Profit     
i) " Ex -factory" price (G+H)     
 
5.2.4.  In relation to the product in question, present:  
 
a) production technology;  
 
b) differences in the production technology used by the company and the one(s) used in the 
production of the imported product.  
 
5.2.5.  Provide the audited financial statements and balance sheet.  
 
5.2.6.  Present the income statement of the production line of the product in question and of the 
other relevant production lines.  
 
5.2.7.  Evolution of loans taken by the company, breaking th em down according to sources (internal 
or external, public or private)  
 
5.2.8.  Present the investments made by the company according to the table below:  
 
Items  Total THE B C products in question  
1) Personnel Training       
2) Maintenance expenses       
3)Expansion capacity       
4) Technological improvement       
Product       
Acquisition of technology       
technology development       
Process       
Acquisition of technology       
technology development       
5) Management Techniques       
6) Distribution network       
7) Consumer assistance       
8) Others (specify)       G/SG/N/1/BRA/3/Suppl.13  
 
- 8 - 
 
   
a) Please provide a detailed description of the above related expenditures, per item, 
specifying their objectives and results achieved in terms of efficiency/competitiveness.  
b) Indicate whether or not the company has been able to generate resources to finance the 
modernization of its plant.  
 
5.2.9.  Provide the information requested below for the product in question:  
 
a) Demand Features:  
- indication of the main customers with their respective shares in the company's total sales, as 
well as their areas of activity;   
- identification of distribution channels and their respective shares in the company's total sales;  
- identification of marketi ng policies by customer type, geographic region, etc.  
 
b) Supply Features:  
- forms of competition (price, product differentiation, technical assistance, distribution network, 
advertising, etc);  
- minimum investment necessary for the operation of the plant;  
 
- minimum efficient scale;  
 
- existence of patents, concessions, etc;  
 
- access to product and process technology;  
 
- supply conditions of the main inputs, indicating the main suppliers per input and the degree 
of concentration of capital in the main inputs . 
 
5.3. Government Policies:  
 
5.3.1.  Describe government policies (exchange, tax, incentives, etc.) that affect national production, 
evaluating their respective impacts, positive or negative.  
 
5.3.2.  Indicate which measures could have been adopted by the government, during the analyzed 
period, that would have contributed to avoid the alleged injury to national production.  
 
6. Adjustment Commitment  
The application of a safeguard measures has the objective of facilitating the adjustment of the 
domestic industry. In this sense, present the adjustment program proposed by the domestic 
industry, and per company, the deadline and the measures to be adopted  in relation to the following 
items:  
- Productivity increase;  
- Updating production techniques;  
- Product update;  
- Updating management techniques;  
- Program for spending on R&D, and technology acquisition;  
- Product qualification program: quality, design,  packaging, safety;  
- Adequacy/improvement -delivery deadlines, technical assistance service;  
- Investment program;  
- Workforce training, and  
- Cost reduction program.  
 
7. Supplementary Information  
During the analysis of the petition, Secretariat of Foreign Tr ade (SECEX) may, if necessary, request 
the petitioner(s) for additional information regarding the claim.  
 
__________  