   
  
G/ADP/N/1/BRA/3/Suppl.20  
G/SCM/N/1/BRA/2/Suppl.23  
 
11 May 2023 
(23-3303) Page: 1/2 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  Original: English  
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLE S 18.5 AND 32.6 OF THE AGREEMENT S 
BRAZIL 
Supplement  
The following notification, dated and received on 9 May 2023, is being circulated at the request of 
the delegation of Brazil.  
 
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SECEX ORDINANCE N. 237, OF 7 MARCH, 2023. 
 
 
Makes the public interest assessment optional in 
original dumping and subsidy investigations . 
 
 
THE SUBSTITUTE FOREIGN TRADE SECRETARY, OF THE MINISTRY OF DEVELOPMENT, INDUSTRY, 
TRADE AND SERVICES, in the use of the attributions conferred upon it by items V and VI of art. 21 
of Decree No. 11.340, of January 1, 2023, and based on art. 3 of Decree No. 8058, of July 26, 2013, 
and in art. 4 of Decree No. 10.839, of October 18, 2021, resolves : 
 
Article 1. Make it optional to carry out a public interest assessment in the original investigations of 
dumping and subsidies referred to in SECEX Ordinance No. 13, of January 29, 2020, published in 
the Official Gazette of January 30, 2020 . 
 
Article 2. Art icle 6 of SECEX Ordinance No. 13, of January 29, 2020, published in the Official Gazette 
of January 30, 2020, is now in force with the following wording : 
 
 "Article 6. In original dumping or subsidies investigations and in sunset  reviews of anti -
dumping or countervailing measures, the public interest assessment will be optional, upon 
request based on a duly completed Public Interest Questionnaire, or ex officio, at the discretion 
of the Department of Trade Remedies.  
 
 Paragraph 1.  Concomitantly to the publication of Act of the Secretariat of Foreign Trade 
containing the deadlines for original investigations  or sunset reviews or containing preliminary 
determinations, if a pplicable to the case , drawn up in the original investigation or in sunset 
review, the Department of Trade Remedies will present, except in the hypotheses of 
Paragraphs 4 and 5, their preliminary determinations of the public interest test, which will 
subsidize the decision on the opening or not of an of public interest assessment . 
 
 Paragraph 2 . The Department of Trade Remedies shall base their preliminary determinations 
according to the information submitted by interested parties and by members and guests of 
the Executive Committee of Management, of the Foreign Trade Chamber, in accordance to 
Decree n. 11,428, 2023, and its respective regulation, until the deadline for submitting the 
questionnaire of public interest, which must be submitted within the same period granted to G/ADP/N/1/BRA/3/Suppl.20 • G/SCM/N/1/BRA/2/Suppl.23  
 
- 2 - 
 
  the importer or the national producer for the submission of their respective questionnaires in 
original investigations or sunset revi ews of an anti -dumping or countervailing measure . 
 
 Paragraph 3. At the discretion of the Department of T rade Remedies, upon request 
accompanied by a justification filed in the corresponding public interest assessment procedure 
under the SEI / MDIC, the period provided for in paragraph 2 may be extended by up to 
30 (thirty) days . 
 
 Paragraph 4 . The questionna ires of public interest submitted after the deadlines provided for 
in paragraphs 2 and 3 may be considered for the purpose of final determination if they are 
submitted within 60 (sixty) days from the date of publication of the preliminary 
determinations . 
 
 Paragraph 5 . In cases in which there is no need of in locus verification of the information 
presented in the questionnaire of public interest, the deadline referred to in the preceding 
paragraph may be extended for up to 30 days, subject to prior request by the interested party  
and deferment by the Department of Trade Remedies . 
 
 Paragraph 6 . Public interest assessment s shall not be admitted in original investigations or  in 
sunset reviews of anti -dumping or countervailing measure s upon request submitted by 
interested parties based on a Public Interest Questionnaire which does not present, in the 
narrative of their facts and foundations, public interest elements and / or minimum elements 
of intelligibility, and the Department of Tra de Remedies  can rejects the petition, without 
analysis of the merit . 
 
 Paragraph 7. The opening of public interest assessment in original investigations or in sunset 
reviews of anti -dumping or countervailing measures will not be admitted if the request bas ed 
on a Public Interest Questionnaire is submitted exclusively by foreign producers or exporters 
or any of their related parties and/or by foreign governments that do not cooperate with the 
ongoing original investigation or sunset review . 
 
 Paragraph 8. If a public interest assessment has been opened, the Department of Trade 
Remedies, concurrently with the final determination within the scope of the original 
investigation or sunset review of the antidumping or countervailing measure, will present its 
final conclusions regarding the public interest assessment, which will subsidize the final 
decision of the competent authority . 
 
 Paragraph 9. The Department of Trade Remedies will base its final conclusions on the 
information brought to the file by the interested parties and by the members and guests of 
the Executive Management Committee of the Foreign Trade Chamber in the period between 
the beg inning of the original investigation or sunset review of anti -dumping or countervailing 
measure and the end of the evidentiary phase, except for the hypotheses of paragraphs 4  
and 5. 
 
Paragraph 10. The Department of Trade Remedies may use information avail able in the 
records of the original investigation or sunset review of antidumping or countervailing measure 
and alternative sources of information ." 
 
Article 3. Article 5 of SECEX Ordinance No. 13, of January 29, 2020, published in the Official Gazette 
of January 30, 2020, is hereby revoked . 
 
Article 4. This Ordinance comes into force from March 15, 2023 . 
 
 
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