Brazil has recently adopted new anti-dumping laws and established a process for investigating dumping claims and applying countermeasures if needed. The Secretary of Foreign Trade determines if dumping is occurring and the Ministry of Industry, Commerce and Tourism and Finance decide if anti-dumping measures should be applied. The new laws aim to protect Brazilian industries from unfair trade practices and provide stability and planning opportunities for foreign exporters. For example, the Brazilian textile sector is lobbying for duties on Asian textile imports and cotton from the United States due to subsidies. A seminar will examine the new legislation and recent anti-dumping cases in more detail.

1. Dumping in Brazil
Erica Aoki
Tozzini, Freire, Teixeim E Silva - Sao Paulo - Brazil
The fast changes which have been occurring in the Brazilian economic
scenario with the stabilization policies adopted by the govemment and the
liberalization of the market to foreign companies brought Brazil back as a
target country in the list of foreign investors.
Other important changes have been introduced such as the privatization of
public companies and no more discriminatory treatment between local and
foreign capital. New rules for Intellectual Property Laws are expected to be
passed soon. Also extremely relevant was the creation ofMercosur, the Free
Trade Zone ofthe South Cone (Argentina, Brazil, Paraguay and Uruguay)
which is revolutionizing these regional markets.
ln Trade issues, recently Brazil adopted a new Anti-dumping Law (Decree
1,602 of August 23, 1995) implementing the article IV ofthe General
Agreement on Tm"iffsand Trade (GATT/1994). The Secretary ofForeign
Trade (Secretaria de Comercio Exterior - Secex ) of the Ministry of Industry,
Commerce and Tourism is responsible for making a determinatíon as to
whether a product is being dumped. Ifthe Secex so finds, the Ministry of
Industty, Commerce and Tourism and Finance will decide whether
antidumping measures should be applied. The antidumping measures will be
applicable when the dumping is causing or threatening a material injury to the
Brazilian industries or delaying the establishment of a Brazilian company.
The Secex is making alI of efforts to make known to Brazílían companíes the
availabílity of this legal procedure in order to prevent the occurrence of unfair
trade practices against the local industries. This will also guarantee more
stability of trade rules for foreign exporters and will provide them wíth more
planning opportunities.
As an example of the application of this new Anti-dumping we would like to
point out that the Brazilian tex1:ilesector is pressuring the government to
impose dumping margins on Asian textile imports. Also, corton from United
States, which is subside in the country of origin might be subjected to
countervailing duties. By the end of 1993 the Brazilian Textile Industry
Association (ABIT) opened a dumping case against synthetic textiles
Ílnported from Korea but the antidmnping measure where never imposed.

2. ln April, Secex, Tozzini Freire and the Secretary oflndustry and Commerce
of Sao Paulo State will hold a joint seminar to examine in detaii this recent
legislation as well as the anti-dumping cases which have been brought before
the government late1y. The seminar will be directed to local and foreign
compames.
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