Brazil

IV. Steps of the Investigation

A. Petition Filing

   Antidumping and Countervailing duty investigation, to determine the existence, degree and effect of any alleged dumping or subsidies, may be requested by or on behalf of the domestic industry.

   A written application must be filed with SECEX and shall include evidence of

         a) dumping or subsidies;

         b) injury; and

         c) causal link between the dumped or subsidized imports and the alleged injury, including the following information:

               1) the identity of the applicant and a description of the volume and value of the domestic production of the like product by the applicant.

     Where a petition is made on behalf of a domestic industry, the petition shall identify the industry on behalf of which it is made and it shall include a list of the domestic producers represented as well as volume and value of production of the like product accounted for such producers;

               2) an estimate of the volume and value of the national production of the like product;

               3) a list of the known domestic producers of the like product that are not represented in the petition, and, to the extent possible, an indication of the volume and value of production of the like product accounted for those producers as well as their position on the petition (if they support the petition or not);

               4) a complete description of the allegedly dumped or subsidized product, the names of the country or countries of origin or export in question, the identity of each known exporter or foreign producer, and a list of the known importers of the product in question;

               5) a complete description of the product made by the domestic industry;

               6) information on the existence, amount and nature of the subsidy in question or representative prices at which the product in question is sold, when destined for consumption in the home market of the exporting country or countries (or, where appropriate, information on the prices at which the product is sold from the country or countries of origin or export to a third country or countries, or on the constructed value of the product);

               7) information of the export price of the product, or where appropriate, the prices at which the product is first resold to an independent buyer in the territory of Brazil;

               8) information on the evolution of the volume of imports of the allegedly dumped or subsidized imports, the effect of those imports on prices of the like product in the domestic market and the consequent impact of those imports on the domestic industry, as demonstrated by the factors and indices having a bearing on the state of the domestic industry. (Dec. 1602/95 - Art. 18.16; Dec. 1751/95 - Art. 25.1).

B. Initiation of Investigation

   The SECEX shall examine the petition initially to verify whether it has been duly filed or whether supplementary information is needed. The applicant shall be [informed] of the result of this examination within 20 days, counting from the date on which the petition was filed. (Dec. 1602/95 - Art. 19.caput, Dec. 1751/95 - Art. 26.caput). When supplementary information is requested, a new examination shall be carried out to verify whether new information is required or the petition has been duly filed. The applicant shall be informed of the result of this examination within 20 days of submission of the supplementary information. (Dec. 1602/95 - Art. 19.1, Dec. 1751/95 - Art. 26.1). After new information is submitted, where necessary, a new examination shall be conducted and the applicant shall be informed within 20 days, counting from the date of submission of this new information, whether the petition has been duly filed or whether it has been deemed definitively inadmissible. (Dec. 1602/95 - Art. 19.2, Dec. 1751/95 - Art. 26.2). The time-limits for submitting supplementary or new information shall be determined by the SECEX, depending on the nature of the information, and the applicant shall be notified thereof. (Dec. 1602/95 - Art. 19.3, Dec. 1751/95 - Art. 26.3).

   Once it is determined that the petition has been duly filed, the accuracy and adequacy of the evidence submitted in the petition shall be examined, on the basis of information from other readily available sources, to determine whether there are sufficient grounds for initiating an investigation. (Dec. 1602/95 - Art. 20.1, Dec. 1751/95 - Art. 28.1).

   The SECEX shall proceed to examine the degree to which the petition is or is not supported by the other national producers of like product, to determine whether the petition was made by or on behalf of the domestic industry. (Dec. 1602/95 - Art. 20.2, Dec. 1751/95 - Art. 28.2).

   In the case of an antidumping investigation, the governments of the countries exporting allegedly dumped products shall be informed of the existence of a duly filed petition before initiation of the investigation. (Dec. 1602/95 - Art. 23). In the case of an investigation into subsidies and countervailing measures, the governments of the exporting countries whose products could be investigated shall be invited to hold consultations before reaching a determination as to whether an investigation should be initiated, so that they may explain the situation and find a mutually satisfactory solution. (Dec. 1751/95 - Art. 27).

   The petition shall be denied if:

         a) there is not sufficient evidence of dumping or subsidies and injury, or a causal link between the two;

         b) the petition was not filed by or on behalf of the domestic industry;

         c) the domestic producers, who expressly support the petition, account for less than 25% of total production of like product by the domestic industry. (Dec. 1602/95 - Art. 21.1, Dec. 1751/95 - Art. 30.1).

   The applicant shall be informed of the affirmative or negative determination regarding the initiation of an investigation within 30 days (in the case of an antidumping investigation) or 50 days (in the case of an investigation into countervailing duties), counting from the date on which notification of the duly filed petition was sent. (Dec. 1602/95 - Art. 21.caput, Dec. 1751/95 - Art. 30.caput).

   In the event of an affirmative determination, the investigation shall be initiated and said determination published in the Diário Oficial da União.

   In the case of an investigation into dumping, the interested parties, including the governments of the exporting countries involved, shall be notified of the initiation of the investigation. In the case of an investigation into subsidies, the interested parties and governments shall be notified of initiation. (Dec. 1602/95 - Art. 21.2, Dec. 1751/95 - Art. 30.2).

   In exceptional circumstances, the Federal Government may ex-officio initiate an investigation, provided that there is sufficient evidence of the existence of dumping or subsidies and injury or a causal link between the two, justifying initiation of an investigation. (Dec. 1602/95 - Art. 24, Dec. 1751/95 - Art. 33).

C. Issuance of Questionnaire

   The known interested parties in an investigation into dumping shall be contacted regarding the information required and shall have every opportunity to submit, in writing, any evidence they deem relevant to the investigation in question. In the event of an investigation into subsidies, the same shall apply to the known interested parties and to the governments involved. (Dec. 1602/95 - Art. 26, Dec. 1751/95 - Art. 36).

   The interested parties, with the exception of the governments of the exporting countries, shall receive questionnaires designed to investigate the alleged dumping and shall be given 40 days within which to respond. This time-limit shall be counted from the date on which the questionnaires were sent out. In the case of an investigation into subsidies, the known interested parties and governments of the exporting countries involved shall receive questionnaires and shall be given the same 40-day response time. (Dec. 1602/95 - Art. 27.caput, Dec. 1751/95 - Art. 37.caput).

   Requests for extensions of the 40-day time-limit shall be considered and, if there is proven need, such extensions shall be authorized, where practicable, for a up to a further 30 days, taking into account the time-limits of the investigation. (Dec. 1602/95 - Art. 27.1, Dec. 1751/95 - Art. 37.1).

D. Response to Questionnaire

   See response under section C. Issuance of Questionnaire

E. Preliminary Determination

1. Injury

   See section on "Preliminary Antidumping Duties Determination".

2. Antidumping

   Provisional antidumping duties may be applied if:

         1) an investigation is initiated in accordance with the law, a notice of that initiation is published, and the interested parties are offered an adequate opportunity to participate;

         2) a preliminary determination finding dumping and the consequent injury has been made;

         3) the Minister of Industry, Trade and Tourism and the Minister of Finance have determined that provisional measures are necessary to impede the occurrence of injury during the investigation; and

         4) at least 60 days have passed since the initiation of the investigation. Art. 34.

   Provisional duties may not exceed the margin of dumping. Art. 34-1.

   The provisional duties may be paid in the form or cash of by a guarantee. Art. 34-2.

   In dumping cases, provisional duties shall remain in place for no more than 4 months, unless the exporters request an extension, in which case they may remain in place for 6 months. Art. 34-8.

   In the event that it is determined, during the course of an investigation, that a provisional antidumping measure lower than the dumping margin is sufficient to eliminate the injury, the time-limits provided above may be 6 and 9 months, respectively. (Dec. 1602/95 - Art. 34.9).

3. Countervailing

   Provisional countervailing duties may be applied if:

         1) an investigation is initiated in accordance with the law, a notice of that initiation is published, and the interested parties are offered an adequate opportunity to participate;

         2) a preliminary determination finding subsidization and the consequent injury has been made;

         3) the Minister of Industry, Trade and Tourism and the Minister of Finance have determined that provisional measures are necessary to impede the occurrence of injury during the investigation; and

         4) at least 60 days have passed since the initiation of the investigation. Art. 44.

   Provisional measures shall not exceed the amount of countervailable subsidies. (Dec. 1751/95 - Art. 44.1).

   Provisional measures may take the form of provisional countervailing duties guaranteed by cash deposits or bonds equal to the amount of the provisionally calculated amount of countervailable subsidization. (Dec. 1751/95 - Art. 44.2).

   In subsidy cases, provisional measures shall remain in place for no more than 4 months. (Dec. 1751/95 - Art. 44.6).

F. Conduct Verification

1. Antidumping

   In order to verify information provided, SECEX may carry out investigations in the territory of other members as required, provided SECEX obtain the agreement of the firms concerned and the representatives of the government of the member in question are notified and do not object to the investigation. (Dec. 1602/95 - Art. 30.1). Upon initiating an investigation, the government of the exporting country and the interested companies will be informed of the intention to carry out on-the-spot investigations. (Dec. 1602/95 - Art. 65).

   In exceptional circumstances, the verifiers may include non-government experts.

   In such cases the companies and exporting country authorities will be informed. These experts will keep the information confidential, subject to the penalties for violation contained in Art. 325 of the Brazilian Penal Code. (Dec. 1602/95 - Art. 65.1).

   Whenever possible the parties being verified will be told before the visit is made the response to their questions or enquiries. (Dec. 1602/95 - Art. 65.7).

   Subject to the requirements to protect confidential information, the authorities shall make the results of any such investigations available or shall provide disclosure thereof to the firms to which they pertain and may make such results available to the other interested parties. (Dec. 1602/95 - Art. 30.3).

   On-the-spot investigations may be carried out in interested companies located in Brazilian territory, provided that said companies have given their prior authorization. (Dec. 1602/95 - Art. 30.2).

2. Countervailing

   In order to verify information provided, SECEX may carry out investigations in the territory of the members as required, provided SECEX obtain the agreement of the firms concerned and the representatives of the government of the member in question are notified and do not object to the investigation. (Dec. 1751/95 - Art. 40.1).

   Upon initiating an investigation, the government of the exporting country and the interested companies will be informed of the intentions to carry out on-the-spot investigations. (Dec. 1751/95 - Art. 78).

   In exceptional circumstances, the verifiers may include non-government experts.

   In such cases the companies and exporting country authorities will be informed.

   These experts will keep the information confidential, subject to the penalties for violation contained in Art. 325 of the Brazilian Penal Code. (Dec. 1751/95 - Art. 78.1).

   Whenever possible the parties being verified will be told before the visit is made the response to their questions or enquiries. (Dec. 1751/95 - Art. 78.7).

   Subject to the requirements to protect confidential information, the authorities shall make the results of any such inbestigations available or shall provide disclosure thereof to the firms to which they pertain and may make such results available to the other interested parties. (Dec. 1751/95 - Art. 40.3).

   On-the-spot investigations may be carried out in interested companies located in Brazilian territory, provided that said companies have given their prior authorization. (Dec. 1751/95 - Art. 40.3).

G. Hearings

1. Antidumping

   Throughout the investigation, the interested parties shall have every opportunity to defend their interests. To that end, where requested and within the time-limits indicated in the act determining the initiation of the investigation, hearings shall be held, in which the interested parties shall be given the opportunity to meet with parties having opposing interests, so that differing interpretations and arguments may be expressed. (Dec. 1602/95 - Art. 31.caput).

   There shall be no obligation to appear at said hearings and the absence of any parties shall not be held against them. (Dec. 1602/95 - Art. 31.3). Upon requesting the hearing, the party making the request shall submit the list of specific issues to be discussed, which shall be passed on to the other interested parties. (Dec. 1602/95 - Art. 31.1 and 31.2).

   The other interested parties shall submit the arguments they will be presenting, five days prior to the hearing. (Dec. 1602/95 - Art. 31.4). They may present additional information orally, where duly justified. (Dec. 1602/95 - Art. 31.4). The information submitted orally shall only be taken into consideration if it is reproduced in writing and made available to the other interested parties within 10 days following the hearing. (Dec. 1602/95 - Art. 31.5).

   Where appropriate, the need for confidentiality and consideration for the parties shall be taken into account. (Dec. 1602/95 - Art. 31.6).

2. Countervailing

   Same as dumping provision (Dec. 1751/95 - Art. 41). During the investigation, the governments of the exporting countries whose products are subject to investigation shall be given the opportunity to consult, with a view to clarifying the facts and arriving at a mutually satisfactory solution. (Dec. 1751/95 - Art. 34).

H. Briefs

   Additional or supplementary information may be requested or accepted in writing throughout the investigation. The time-limit for providing the information requested shall be set based on the nature of the information and may be extended by means of a duly justified request. The time-limits of the investigation shall be taken into account with regard to requesting information and considering any additional information submitted. (Dec. 1602/95 - Art. 27.2, Dec. 1751/95 - Art. 37.2).

I. Final Determinations

   Before a final determination is reached, a hearing shall be called by SECEX, in which the interested parties shall be informed of the basic facts presented for judgement, on which its decision is to be based, allowing the interested parties 15 days after the hearing to comment. (Dec. 1602/95 - Art. 33.caput, Dec. 1751/95 - Art. 43.caput). At the end of the period provided in the caput, the case shall be deemed closed and any information received thereafter shall not be considered in the final determination. (Dec. 1602/95 - Art. 33.2, Dec. 1751/95 - Art. 43.2).

J. Maximum Length of Investigation

   An investigation shall be concluded within a period of one year from initiation except in exceptional circumstances when it will be concluded within 18 months. Art. 39; Art. 49.

K. Maximum Duration of Antidumping and Countervailing Duty Orders

   Dumping duties and price undertakings or countervailing duties and commitments shall remain in force only as long as necessary to neutralize the injurious dumping (subsidization). Art 56; Art. 66. Antidumping and countervailing duty orders will terminate after 5 years from the placing of the order or 5 years after the most recent review that found dumping and injury there from. Art. 57; Art. 66.

L. Retroactivity

   a. Antidumping

   Definitive antidumping duties may be collected on dumped imported products released for consumption up to 90 days after the date of application of the provisional antidumping measures, provided that it is determined that, in the case of the product in question:

         a) there is a history of dumping causing injury, or that the importer was or should have been aware that the producer or exporter was practicing dumping and that it caused injury; and

         b) the injury is caused by large volumes of imports of a product at dumping prices over a relatively short period or, the duration of dumping and the volume of dumped imports, as well as the rapid growth of stocks of the imported product, would probably seriously undermine the corrective effect of any applicable antidumping duties--provided that the importers involved have been given the opportunity to comment. Duties shall not be collected on products that have been released for consumption before the date of initiation of the investigation. (Dec. 1602/95 - Art. 54).

   In the case of violations of commitments, definitive antidumping duties may be collected on imported products released for consumption within 90 days of implementation of provisional antidumping measures, based on the violation, except for products released for consumption prior to the violation of the price undertaking. (Dec. 1602/95 - Art. 55).

   b. Countervail

   Definitive countervailing duties may be collected on subsidized imported products that have been released for consumption, within 90 days of the date of implementation of the provisional countervailing measures, provided that it is determined that the injury is caused by large volumes of imports of the product in question over a relatively short period, which would probably seriously undermine the corrective effect of any ultimately applicable countervailing duties. Duties shall not be collected on products released for consumption prior to the date of initiation of the investigation. (Dec. 1751/95 - Art. 64). In cases where commitments are violated, definitive countervailing duties may be collected on imported products released for consumption within 90 days of implementation of the provisional countervailing measures, depending on the violation, except for products released prior to the violation of the price undertakings. (Dec. 1751/95 - Art. 65).

M. Best Information Available (or "Facts Available")

   In the event that any of the parties bars access to the necessary information, does not submit it within the time-limits established or, even, hinders the investigation, the decision on preliminary or final determinations may be reached on the basis of the facts available, including the information contained in the petition, but the outcome may be less favorable than it might have been had they cooperated. (Dec. 1602/95 - Art. 27.3, 66.1, and 66.4, Dec. 1751/95 - Art. 37.3). Parties shall be informed of this possibility. (Dec. 1602/95 - Art. 66.1, Dec. 1751/95 - Art. 79.1).

   If SECEX does not accept a response, they will immediately communicate to the respondent the reason for the rejection.

   The respondent may provide a new information within the established period keeping in mind the limited duration of the investigation.

   If the explanation is not acceptable the reasons for the rejection of the response will be included in any published determination. (Dec. 1602/95 - Art. 66.3, Dec. 1751/95 - Art. 79.6).

   In formulating the determinations, if information from secondary sources is used, including the information provided in the petition, it should be compared with information from independent sources or other parties. (Dec. 1602/95 - Art. 66.5, Dec. 1751/95 - Art. 79.8).

N. Consumers as Interested Parties

   a. Antidumping

   Though they are not deemed to be "interested parties", productive sectors using the product under investigation and representatives of consumer organizations if the product is usually marketed retail, shall be given the opportunity to provide information for the investigation. (Dec. 1602/95 - Art. 29). In cases where these users or consumers are also importers, they shall be deemed to be interested parties. (Dec. 1602/95 - Art. 21.3,).

   b. Countervail

   Though they are not deemed to be "interested parties", the productive sectors using the product under investigation and representatives of consumer organizations if the product is usually marketed retail shall be given the opportunity to provide information for the investigation. (Dec. 1751/95 - Art. 39). In the event that these users or consumers are also importers, they shall be deemed to be interested parties. (Dec. 1751/95 - Art. 30.3).

O. Public Interest

1. Antidumping

   In exceptional circumstances, even though it has been proved that dumping and injury there from exist, the Minister of Industry, Trade and Tourism and the Minister of Finance may determine, for reasons of national interest, to suspend the application of duties or price undertaking (commitments) or to apply at a different rate from that recommended.

   In this case they must provide the reasons that form the basis of that decision. Art. 64-3.

2. Countervailing

   Same as dumping provision. (Dec. 1751/95 - Art. 73.3).

P. Undertakings or Commitments

   Dumping: The proceeding of the investigation without the application of provisional measures or an antidumping duty may be suspended if the exporters voluntarily agree to a satisfactory undertaking to revise prices or to cease exporting to Brazil at dumped prices and the Minister of Industry, Trade and Tourism and the Minister of Finance find that the undertaking will eliminate the prejudicial effect of the dumping. Art. 35.

   The price increase shall not be higher than necessary to eliminate the dumping and may be limited to that necessary to eliminate the injury caused by the dumping. Art. 35-1.

   The exporters may propose an undertaking or accept one offered by SECEX after an affirmative preliminary determination of dumping, injury and causation. Art. 35-2.

   The exporters are not obligated to propose an undertaking and need not accept one. Such action shall not prejudice the consideration of the case nor change the preliminary determination. Art. 35-3.

   After the commitment is accepted, the decision shall be published indicating whether or not the investigation is to be continued and the interested parties shall be notified accordingly. The investigation of dumping and injury shall be continued if the exporter desires or if the Ministers so decide. Art. 36 unico.

   The exporters subject to the undertaking shall cooperate in providing the information relative to the agreement and to permit verification of the pertinent data. Art. 37.

   In the event that the investigation was suspended and violation of the commitment is ascertained, provisional antidumping measures may be applied by the Ministers, based on the best information available, and the investigation shall be resumed.

   The interested parties shall be notified of the termination of the price undertaking and the application of provisional antidumping measures.

   A notice containing the decision shall be published in the Diário Oficial da União. Art. 38.

   Subsidies: The proceedings may be suspended, without the application of provisional measures or countervailing duties, if the government of the exporting country commits to eliminate or reduce the subsides or to take other measures with similar effect, or the exporter voluntarily commits to revise prices on exports destined for Brazil.

   In addition the Minister of Industry, Trade and Tourism and the Minister of Finance must determine that the commitment will eliminate the prejudicial effect of the subsidies. Art. 45.

   The price increase in an exporter commitment shall not be higher than that necessary to compensate for the subsidy and may be limited to that necessary to eliminate the injury to the domestic industry. Art. 45-1.

   The government of the exporting country or the exporters may propose commitments or accept one offered by SECEX after an affirmative preliminary finding of subsidization and the consequent injury.

   In the case of a commitment by the exporters the consent of the exporting country's government must be obtained. Art. 45-2.

   The government and the exporters are not obligated to propose a commitment and need not accept one.

   Such action will not prejudice the consideration of the case nor change the preliminary determination. Art. 45-3.

   After the price commitment is accepted, the decision shall be published indicating whether or not the investigation is to be continued and the interested parties and governments shall be notified accordingly. The investigation of subsidies and injury shall be continued if the government of the exporting country or the Ministers so decide. Art. 46 unico.

   The parties to the commitment shall cooperate in providing the information relative to the agreement and in permitting verification of the pertinent data. Art. 47.

   If the commitments are violated, the Ministers may immediately implement provisional measures, based on the facts available. In the event that the investigation was suspended, it shall be immediately resumed. A notice containing the decision shall be published in the Diário Oficial da União. Art. 48.

V. Review of Antidumping and Countervailing Duty Determinations

A. Annual Reviews

   Reviews of all or a portion of a decision relative to the application of antidumping or countervailing duties may be initiated at the request of an interested party or on the initiative of the Administração Pública Federal or of SECEX, as long as it has been at least one year since the imposition of antidumping or countervailing duties and sufficient evidence is presented that:

         1) the application of duties is no longer necessary to offset the dumping (subsidization);

         2) the injury would probably cease or fail to recur if the duty were revoked or changed; or

         3) the existing duties are no longer sufficient to offset the injury caused by the dumping (subsidization). Art. 58; Art. 68.

   In exceptional circumstances or for reasons of national interest a review may be initiated in less than one year if required by an interested party, the Administração Pública Federal or at the initiative of the investigating authorities. Art. 58-1; Art. 68-1.

   A notice of the initiation of a review shall be published in the Diário Oficial da União and the interested parties notified. Art. 58-2; Art. 68-2.

   A review must be completed within 12 months of its initiation. Art. 58-3; Art. 68-3.

   Notice of the end of the review will be published in the Diário Oficial da União and the interested parties notified. Art. 58-6; Art. 68-6.

   Until the conclusion of the investigation, the duties will not be altered and will remain in force. Art. 58-4; Art. 68-4.

   The Minister of Industry, Trade, and Tourism and the Minister of Finance may, based on the evidence in the review, extinguish, maintain, or alter the duties. If they determine the duties where higher than was necessary to offset the injury and are no longer justified, the duties will be refunded. Art. 58-5; Art. 68-5.

B. Duty Refund Review

   The refund is linked to conduct of the review (see preceding item Annual Reviews).

C. Sunset Review

   Generally, antidumping and countervailing duty orders shall terminate after 5 years. Art. 57; Art. 66.

   However, that period may be extended after a review. Such a review may be initiated by a properly supported petition filed by the domestic industry or on its behalf (or on the initiative of the Administração Pública Federal or SECEX) which demonstrates that the extinction of the duties would be very likely to lead to the continuation or recurrence of the dumping (subsidization) and the consequent injury. Art. 57-1; Art. 67.

   The petition must be filed five months prior to the termination of the order. Art. 57-2; Art. 67-1. In antidumping cases, the interested parties must request a hearing at that time if a hearing is desired. Art. 57-2.

   The review must be completed within 12 months. Notices of the initiation and completion of the investigation shall be published in the Diário Oficial da União and the interested parties notified. Art. 57-3; Art. 67-2.

   These provisions apply to price undertaking and commitments as well as Art. 57-5; Art. 67-3.

   The existing duties, undertakings, or commitments shall remain in force during the review. Art. 57-4; Art. 67-3.

D. Changed Circumstances Review

   No separate provisions. See description under annual reviews, for which a showing of change in circumstances is required. Art. 58; Art. 68.

E. New Shipper Review

1. Antidumping

   When a product is subject to antidumping duties, a summary review shall be immediately performed, where requested, to quickly determine the individual dumping margins for any exporters or producers from the exporting country in question, who did not export the product to Brazil during the period covered by the investigation, provided that said exporters or producers can show that they have no relationship with the exporters or producers in the exporting country subject to the antidumping duties applicable to their product. (Dec. 1602/95 - Art. 59.caput).

   Antidumping duties shall not be collected on imports originating from the exporters or producers referred to above, during the conduct of the summary review. (Dec. 1602/95 - Art. 59.1).

2. Countervailing

   When a product is subject to countervailing duties, a summary review shall be immediately performed, where requested, to quickly establish the individual countervailing duty for any exporters or producers who have not been investigated for reasons other than their refusal to cooperate with the investigation. (Dec. 1751/95 - Art. 69).

3. Judicial, Administrative or Other Review

   The regulations shall not provide for any specific procedure regarding judicial review, provided that recourse to the judiciary is guaranteed by Brazilian legislation.

F. Procedures for Due Process

1. Notification of Initiation of Investigation

   A notice of initiation shall be published in the Diário Oficial da União and shall contain detailed information on the conclusions reached on each point of fact and of law considered relevant. (Dec. 1602/95 - Art. 21.2 and Art. 61, Dec. 1751/95 - Art. 30.2 and 71).

2. Questionnaires (Distribution, Response Time, Extensions, Supplements)

   The interested parties (in a dumping investigation, the governments of the exporting countries would be excluded for questionnaire purposes while in a subsidy investigation, the governments would be included) will receive questionnaires and will have 40 days to respond, counting from the date they were sent. Art. 27; Art. 37.

   In cases of demonstrated need, the response period may be extended 30 days whenever practical in light of the investigatory time limits. Art. 27-1; Art. 37-1.

   Additional information may be solicited or accepted. The time-limit for submitting the information requested shall be established in accordance with the nature of said information and may be extended by means of a duly justified request. (Dec. 1602/95 - Art. 27.2, Dec. 1751/95 - Art. 37.2).

3. Publication of Antidumping and Countervailing Duty Determinations

   Final antidumping and countervailing duty determinations shall be published in the Diário Oficial da União.

   A notice of initiation shall be published in the Diário Oficial da União and shall contain detailed information on the conclusions reached on each point of fact and of law considered relevant. (Dec. 1602/95 - Art. 21.2 and Art. 61, Dec. 1751/95 - Art. 30.2 and 71).

4. Access to Public Information

   Interested parties may request, in writing, to see case information, which shall be promptly made available to said parties, with the exception of confidential information and internal government documents. These parties shall be given the opportunity to defend their interests, in writing, on the basis of said information. (Dec. 1602/95 - Art. 32, Dec. 1751/95 - Art. 42.2).

   Interested parties submitting confidential information, shall present a non-confidential summary of same presenting a reasonable overview of the information submitted. In cases where it would not be possible to present the summary, the parties shall give their reasons therefore in writing. (Dec. 1602/95 - Art. 28.1, Dec. 1751/95 - Art. 38.1).

5. Access to Confidential Information

   Information, which is, by nature, confidential, or submitted subject to the requirements for confidentiality, shall be treated as such and not disclosed without the express authorization of the party submitting it, provided that said confidentiality is well-founded. Information classified as confidential shall be processed separately. (Dec. 1602/95 - Art. 28.caput, Dec. 1751/95 - Art. 38.caput). In the event that information classified as confidential does not fully merit that classification and if the supplier of the information refuses to disclose any of it, even in summary form, said information may not be taken into consideration, unless convincingly proven by an appropriate source to be accurate. (Dec. 1602/95 - Art. 28.2, Dec. 1751/95 - Art. 38.2).

6. Decision Making Process (Ministerial Approval, Commission Vote, etc.)

   Preliminary and final determinations or decisions shall be adopted based on SECEX's findings. Art. 64; Art. 73.

   Within 20 days of receiving the findings by the Secretário de Comércio Exterior, SECEX will publish a notice containing the determination to initiate an investigation, extend the length of the investigation, terminate the proceeding at the request of the petitioner, initiate a review of definitive duties or price undertakings or commitments, or conclude an investigation without imposing duties. Art. 64-1; Art. 73-1.

   There shall be published within 10 days of receipt of the opinions by the Minster for Industry, Trade and Tourism and the Minister of Finance a notice of the determination to apply provisional duties, extend the provisional antidumping duties (provisional countervailing duties cannot be extended), accept or terminate a price undertaking or commitment, conclude an investigation with the imposition of duties, suspend the definitive duties, or concerning the results of a review of the definitive duties or price undertaking or commitment. Art. 64-2; Art. 73-2.

G. Application and Collection of Duties

1. Suspension of Liquidation

   No applicable provision.

2. Use of Bonds or Cash Deposits

   Provisional duties may be paid by means of a guarantee, either in the form of a cash deposit or a bank note. Art. 34-3; Art. 44-2.

3. Methods of Liquidation

   The duties shall be calculated and applied on an ad valorem basis, or as specific duties, fixed or variable, or as a combination of both. Art. 45-1; Art. 55-1.

   The ad valorem duties will be applied on the CIF import value, in accordance with the pertinent laws. Art. 45-2; Art. 55-2.

   Specific duties shall be set in U.S. dollars and converted at the national exchange rate, in accordance with the pertinent laws. Art. 45-3; Art. 55-3.

   Antidumping or countervailing duties applied to a product shall be collected separately from any other duty. Antidumping duties shall not be applied to imports from those exporters who have agreed to a price undertaking. AD law, Art. 48.

   No countervailing duty shall be applied to imports from countries whose governments have made commitments renouncing the subsidies or from exporters who have made price commitments. Art. 58-1.

H. Other

1. Anti-Circumvention

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