Legislative decree project alters CAMEX regulation concerning the suspension of antidumping investigations

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The Commission of Economic Development, Industry, Commerce and Services of Brazilian House of Representatives approved its report to suspend some articles of Chamber of Foreign Trade (CAMEX) regulation that allows it to suspend measures applied definitely in dumping investigations.

Brazilian laws concerning dumping investigation allows CAMEX to apply provisional measures during those proceedings, but also authorizes the suspension of provisional measures already applied, by virtue of public interest.

At the end of dumping investigation proceeding, CAMEX may apply measures as an antidumping final determination. But CAMEX adopted a practice of suspending measures applied in cases of public interest. But Brazilian Laws concerning dumping investigation, i. e., Decree 1.355/1994 that embodied the Final Act of Uruguay Round to Brazilian Legal System, and Federal Law 9.019/1995, which regulates the applicability of antidumping rights and compensatory rights in cases of subsidies, do not allow the suspension of measures applied definitively.

Besides, CAMEX in a dumping investigation proceeding also adopted an illegal practice of analyzing Competition aspects of Brazilian market what is clearly forbidden by article 119 of Brazilian Competition Law (Federal Law 12.529/2011). By virtue of the above-mentioned practices adopted by CAMEX, the House of Representatives presented a Legislative Decree Project that will suspend all articles of CAMEX Regulation and of Decree 8.058/2020 that allows the suspension of measures applied definitively.

That project will correct CAMEX practices that are not legal, and which are clearly against International Treaties embodied by Brazilian Legal System.

The Project is now pending of approval by Finance and Tax Commission and by Commission of Constitution, Justice and Citizenship of Brazilian House of Representatives.

Siqueira Castro team is monitoring the progress of that Project and remains at your disposal for further information.