5 years ago Brazil imposed anti-dumping against a number of countries, on polypropylene and South Africa was one of the unfortunates who faced a large anti-dumping duty of $111.78 per ton (if you are Sasol) and $161.96 per ton if you are anyone else. The other countries impacted by the investigation are South Korea ($26.11 – $101.39 per ton) and India ($100.22 – $109.89 per ton) and the Brazilian tariff codes covered by the review are 3902.10.20 and 3902.30.00.

Importers and exporters must submit relevant data to the case, by responding questionnaires, within approximately 30 (thirty) days, subject to extension if requested before the deadline of 27 September 2019.

Please note that, due to new regulations, a Public Interest Assessment will take place in parallel to the review, but as a separate matter. Participating in the Public Interest Assessment is also of the utmost importance: even if the review process concludes that there is dumping, injury, and causality, the measure may be suspended or reduced if the authorities establish that it is in the best interest of downstream industries, consumers and for overall performance of the country’s economy.

As the procedure will follow an unprecedented process, we strongly recommend the support of a specialist advisor to reduce procedural flaws, maximise opportunities and increase the chances of suspension. XA, with its Brazilian partner firm Sidera are perfectly suited to assist interested parties.

The next steps for interested respondents

  1. Coordinate the line of defence among the Brazilian importers and affected exporters to respond the relevant questionnaires and support the suspension of the order based on Public Interest Arguments and data
  2. File the power of attorney nominating a legal representative for each docket
  3. Request the extension of the deadline to submit information in both cases of anti-dumping and public interest.

What happens if you don’t respond

You will be faced with an anti-dumping duty for another 5 years if you don’t respond as, the Brazilian authorities will deem you to be uncooperative and impose the duty on best information available (what the applicants submitted). This means your duty can actually increase from where it is now.

Do you need assistance in responding to this sunset review? Contact us on info@xa.co.za

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