RESTRICTED
WORLD TRADE G/ADP/W/84
G/SCM/W/93
ORGANIZATION 11October 1995
(95-3004)
Original: English Committee onAnti-Dumping Practices
Committee onSubsidies andCountervailing Measures
QUESTIONS CONCERNING THE NOTIFICATIONS PROVIDED BY
THE GOVERNMENT OFBRAZIL1OFLAWS AND REGULATIONS
UNDER ARTICLES 18.5AND 32.6OFTHE AGREEMENTS
Thefollowing communication, dated 29September 1995, hasbeenreceived fromthePermanent
Mission ofAustralia.
_______________
Please findenclosed thewritten questions submitted byAustralia inview ofthelegislation
review tobecarried outinthenextmeeting oftheAnti-Dumping andCountervailing Measures
Committees.
Could Brazil provide clarification onthefollowing points regarding theincorporation ofthe
WTO Anti-Dumping andSubsidies Agreements intotheBrazilian legalsystem.
(a) What isthehierarchy between these WTO agreements andother Brazilian legislation,
regulations, andother administrative rules?
(b) Will subsequent laws (including regulations andother administrative rules) take
precedence overtheWTO agreements? Forexample, would theforeshadowed new
regulation takeprecedence overtheWTO agreements ifacourt found thatthere was
aconflict?
(c) Intheabsence ofaspecific provision inregulations, which levels ofofficials would
havetheauthority tointerpret theWTO agreements todetermine procedure inananti-
dumping orcountervailing dutyaction?
(d) Intheevent ofaconflict between theWTO agreements andother laws, could
investigating officials decide which lawshaveprecedence?
(e) Cananinterested party appeal tothecourts about theinterpretation oftheWTO
agreements byofficials?
(f) How would Brazil handle aconflict inviews overtheinterpretation oftheWTO
agreements between aBrazilian court andtheWTO Dispute Settlement Body?
1G/ADP/N/1/BRA/1-G/SCM/N/1/BRA/1.