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Business Guide to Trade Remedies in Brazil : Anti-Dumping, Countervailing and Safeguard Legislation, Practices and Procedures
Under the WTO Agreements, Member have the right to apply trade remedies in the form of anti-dumping, countervailing or safeguard measures subject to specific rules. The importance of trade remedies was highlighted at the WTO Ministerial Conference in Doha, where Members agreed to negotiations aimed at clarifying and improving disciplines under the ""Agreements on Implemention of Article VI of GATT 1994 and on Subsidies and Countervailing Measures .... (Paragraph 28 of the Ministerial Declaration). From 1995 to 2008, more than 3,400 anti-dumping investigations were initiated worldwide. For almost three-quarters of these cases, exporters in developing and transition countries were the main targets. According to information from the International Trade Centre's Busioness and Trade Policy programme, businesses in developing countries and transition economies engaged in the production and exportation of "sensitive" products consider anti-dumping investigations, or the threat thereof, as a significant access barrier to a number of major markets. Parties involved in anti-dumping and other trade remedy proceedings, namely exporters, importers and domestic producers of the product in question, often know very little about the procerdures and what they entail. They are unawere of the basic substantive rules of the revelant WTO Agreements or implementing national legislation, have very little knowledge of their rights, and are thus ill-equipped to defend their business interests. There has been a growing demand for publications explaining to business people the essential laws applicable and practices followed in such proceedings. It is response to this demand that the International Trade Centre has published this series of Business Guides to Trade Remedies. The five publications of this series concern the relevent trade remedy rules and practices in Canada, the European Commodity, the United States of America, Brazil, South Africa and the Southern African Customs Union. The first three of these are the biggest traditional users of trade remedy measures. However, over the last few years, an increasing number of developing countries and transition economies have begun to implement trade remedy actions at an accelerated pace. This volume focuses on Brazil, which has over recent years increased the usage of trade remedy measures. Its main objective is to highlight those aspects of the law and practice of Brazil and the appropriate provisions of the relevent WTO Agreements that may be of practical interest to business managers, exporters and importers of developing countries and transition economies. The guide is not for specialists; particular emphasis is therefore given to practical definitions, problems and recommendations.
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