Decree # 8.058, published today on the Brazilian Official Gazette, provides for the new anti-dumping regulation concerning procedures and the application of duties.

The new Decree, which revoked Decree 1.602, in effect since 1995, and disposes of 201 articles compared to the 73 articles of the former regulation, provides for detailed provisions that seek to establish criteria and parameters for the Anti-dumping Agreement — signed by Brazil with the World Trade Organization (WTO) —, that were not present in the former regulation.
Among changes introduced, the investigative procedure has been hastened, given that the Department of Trade Remedies (DECOM), within one hundred and twenty days from the initiation of the investigation, will elaborate a preliminary determination report, which may result in the application of provisional anti-dumping duties by the Chamber of Foreign Trade (CAMEX), for up to six months. It should be noted that the former Decree did not mandate preliminary determinations, which hindered the application of provisional anti-dumping duties.
Furthermore, anti-dumping investigations must henceforth be concluded in up to 10 months, except under special circumstances, in accordance to the Greater Brazil Plan, period in which lasted between 12 and 15 months from the initiation of the investigation in the former Decree.
Even though the different time frames between the new and former regulation are significant, the interested parties shall be aware of the quality and promptness of the information required by the new regulation during the initiation and development of an investigation, under the penalty of not obtaining the desired protection.