Marina Takitani, Ana Laura Zambom and Laís Bergamo
On April 3rd, 2025, the publication of SECEX Ordinance No. 25/2025 initiated an antidumping investigation on Brazilian imports of polyethylene terephthalate (PET), with intrinsic viscosity between 0.78 and 0.88 dl/g, originating from Malaysia and Vietnam. The product under investigation is usually classified under subitem 3907.61.00 of the Mercosur Common Nomenclature (“NCM”).
The initiation of the investigation was motivated by a petition filed on October 31st, 2024, by Indorama Ventures Polímeros S.A. (“Indorama“) and Alpek Polyester Pernambuco (“Alpek“). After a preliminary analysis, the Foreign Trade Secretariat (“SECEX”), through the Department of Trade Remedies (DECOM), found sufficient evidence of dumping, injury to the domestic industry, and causal link.
The main information regarding the investigation is summarized below:
Dumping margins for initiation purposes:
The participation of interested parties — including domestic producers, importers, exporters, and the governments of the countries under investigation — must necessarily be carried out through petitions in the Electronic Information System (SEI) of the Ministry of Development, Industry, Trade, and Services (MDIC).
Questionnaires will be sent to the identified interested parties, who will have 30 (thirty) days from the date of the notification to send their responses. Importers and exporters not initially identified at the beginning of the proceeding but who consider themselves interested parties may request to be admitted to the case by April 23, 2025.
During the investigation, provisional antidumping measures may be applied if sufficient evidence of unfair trade practices and the risk of imminent injury to the domestic industry are found.
The investigation is expected to be completed within up to 10 (ten) months, extendable for up to 8 (eight) additional months. If the initial claims are confirmed, definitive anti-dumping measures may be applied for a period of up to 5 (five) years.
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