New Rules and Public Consultation for the Assessment of Public Interest in Trade Remedies

On April 17, 2019, Ordinance No. 8, of April 15, 2019, was published and is already in force, providing the administrative procedures for the assessment of public interest in cases involving trade remedies. Contributions on the provisions of this ordinance will be received until May 31, 2019, through public consultation.

The assessment of public interest in the context of trade remedies may result in the suspension or modification of definitive anti-dumping or countervailing measures, as well as non-application of provisional anti-dumping and countervailing measures.

As reiterated in the Ordinance, jurisdiction for such assessments has shifted to organs included in the Ministry of Economy: Special Secretariat of Foreign Trade and International Affairs (Secint), responsible for the decision on the existence of public interest, as well as the Secretariat of Foreign Trade (Secex) and Subsecretariat of Commercial Defense and Public Interest (Sdcom), responsible for technical analysis of the public interest.

The establishment of the new Ordinance aims for the convergence of procedural deadlines for public interest and trade remedy assessments. In this way, the assessment of public interest will occur during investigations of antidumping, countervailing or reviews in progress. In other cases, if there is evidence that the circumstances justifying the application of the trade remedy have changed, an administrative review can be requested under the respective legislation in force.

Preliminary public interest assessment is now mandatory in original dumping or subsidy investigations, but optional in the case of sunset reviews, at Sdcom’s discretion, or based on a public interest questionnaire submitted by interested parties – those who file a power of attorney granting specific powers and who respond to the “Public Interest Questionnaire”.

It is also possible for the petitioners of the trade remedy investigation to present information of public interest in the petition, through the aforementioned questionnaire. The procedures and deadlines are detailed in the text of the Ordinance.

To access the Ordinance, click here.

Demarest’s International Trade and Customs team is available to assist should you require any further assistance.