. /.WORLD TRADE
ORGANIZATIONG/ADP/Q1/BRA/11
G/SCM/Q1/BRA/11
8 November 2002
(02-6157)
Committee on Anti-Dumping Practices
Committee on Subsidies and Countervailing MeasuresOriginal:  English
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS
Reply to the Question Posed by the UNITED STATES1 Regarding
the Notification of BRAZIL2
The following communication, dated 6 November 2002, has been received from the
Permanent Mission of Brazil.
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In the following lines, we provide the Brazilian written response to the US question on our
legislation (SECEX Circular 59), reviewed in Topic A(iii) of the agenda of the latest regular meeting
of the Anti-Dumping Practices Committee (24 October 2002).
Q1. Section 2.1 of Circular 59 of the Secretariat of Foreign Trade of the Ministry of
Development, Industry and Foreign Trade indicates that time periods in antidumping
proceedings are to be counted from date when  the communication to the party is issued,
excluding the first day and including the last day.  Please advise how this provision is consistent
with Article 6.1.1, note 15 of the AD Agreement, which provides that “as a general rule” time
limits for exporters to provide evidence shall be counted from the “date of receipt of the
questionnaire, which for this purpose shall be deemed to have been received one week from the
date on which it was sent to the respondent or transmitted to the appropriate diplomatic
representative of the exporting Member...”.
Reply
Article 2.1 of SECEX Circular 59 aims at ma king uniform the procedures related to the
counting of deadlines in trade defence cases in Brazil.  It has to be read in conjunction with Article 27of Decree 1602, notified to the Committee in August 1997.  Article 27 reads:  "All interested parties
shall receive questionnaires for purposes of the inve stigation and shall have forty days within which to
return them.  This period shall be counted from the date the questionnaires are issued".
Article 6.1.1 of the Anti-Dumping Agreement establishes that exporters or foreign producers
receiving questionnaires used in an anti-dumping investigation shall be given at least 30 days for
reply.  That is the minimum standard.  In additio n, Footnote 15 of the A-D Agreement states that the
date of receipt of the questionnaire shall be deemed to be one week from the date on which it was sent
to the respondent.
                                                     
1 G/ADP/Q1/BRA/11-G/SCM/Q1/BRA/11
2 G/ADP/N/1/BRA/2G/ADP/Q1/BRA/11
G/SCM/Q1/BRA/11
Page 2
If one adds the 30 days for response to the 7 days when the questionnaire is considered to
have been received, we still see that Brazil, by giving 40 days from the date the questionnaire was
issued, is above the combined minimum threshold of the Agreement (37 days)".
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