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In brief

On 28 March, the Brazilian Secretariat of Foreign Trade (SECEX), through Ordinance No. 10 dated 27 March 2023, opened a sunset review concerning the antidumping duty in force on Brazilian imports of metallic magnesium from Russia.

At the end of the review, the current antidumping duty may have its term extended for another five years.

The SECEX ordinance mentioned above is available here (in Portuguese).


Recommended actions

Importers’, exporters’ and other interested parties’ active participation in the sunset review may be decisive to ensure a final determination that is more favorable to the interested party in question. Interested parties may request authorization to participate in the administrative proceeding until 17 April 2023, provided that they can show the extent to which they are affected by the antidumping duty in force. Such a request for authorization is of particular importance in this case, as there were no export transactions of metallic magnesium from Russia to Brazil throughout the investigated period.

In addition, interested parties may apply for the Brazilian authority to conduct a public interest assessment in parallel to the antidumping investigation. Within the purview of such proceeding, the authority will analyze, based on information and economic studies submitted by the parties, whether the extension of the antidumping duty in force is a measure that serves the public interest or whether this purpose would be better served if the duty was suspended or amended.

In depth

For ease of reference, the chart below summarizes the main information about the new investigation:

*Throughout the investigated period, no export transactions of metallic magnesium from Russia to Brazil were identified.
Source: SECEX Ordinance No. 10 of 27 March 2023, published on 28 March 2023, and CAMEX Resolution No. 18 of 27 March 2018, published on 28 March 2023 (ref. the prior sunset review).

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Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Author

Paulo Casagrande is a Partner at *Trench Rossi Watanabe, SP, Brazil office.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Author

Francisco Niclós Negrão is a Partner at *Trench Rossi Watanabe, SP, Brazil office.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.”

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