Abstract
Trade remedy measures are of three natures: antidumping, countervailing, and safeguards. Most measures applied by Brazil against China are anti dumping duties. These measures aim at compensating for the injury suffered by the Brazilian domestic industry which was caused by Chinese export prices to Brazil being lower than the normal value of the goods in a third country. As we will see, the main problem is the choice of this third country because China is not considered a market economy to Brazilian authorities.
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Notes
- 1.
Available at http://www.wto.org/english/tratop_e/adp_e/adp_e.htm. Last accessed on October 13, 2013.
- 2.
- 3.
16. Transitional Product-Specific Safeguard Mechanism
1. In cases where products of Chinese origin are being imported into the territory of any WTO Member in such increased quantities or under such conditions as to cause or threaten to cause market disruption to the domestic producers of like or directly competitive products, (…).
- 4.
DECOM reports available at www.mdic.gov.br.
- 5.
Injunction (Mandado de Segurança) 13413, published on October 6, 2008, by Minister Teori Albino Zavascki.
- 6.
Law 313, dated July 30, 1948.
- 7.
Law 3.244/57, Article 3.
- 8.
Legislative Decree 20, dated December 5, 1986, promulgated by Decrees 93.941, dated January 19, 1987, and 93.962, dated January 23, 1987, and published in the Brazilian Official Journal (DOU) on February 2, 1987.
- 9.
- 10.
Resolution by the Customs Politics Commission (CPA) 1.227/87.
- 11.
The 2012 annual report can be found at http://www.mdic.gov.br/arquivos/dwnl_1366058273.pdf.
- 12.
Decree 5556/05.
- 13.
Technical Group to Analyze Public Interest (GTIP), within the Economic Follow-Up Secretary (SEAE) of the Revenue Ministry (MF).
- 14.
Decree 8058/13 amended Annex II of the Decree 7096/10.
- 15.
Felipe Hees assumed DECOM in 2011 and will probably finish its mandate in 2014.
- 16.
The word “may” shall not be interpreted to allow the simultaneous continuation of proceedings with the implementation of price undertakings except as provided in paragraph 4.
- 17.
Portaria SECEX 36.
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Kramer, C. (2015). Brazilian Trade Remedies Practice Against China. In: Wei, D. (eds) Settlements of Trade Disputes between China and Latin American Countries. Laws in Emerging Economies, vol 1. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-662-46425-0_3
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DOI: https://doi.org/10.1007/978-3-662-46425-0_3
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