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Marina Takitani e Leonardo de Paula
On May 25, 2023, SECEX Ordinance No. 18/2023, which initiated an anticircumvention review to investigate the existence of elusive trade practices that frustrate the application of the antidumping duty applied on Brazilian imports of automotive glass, originating in the People´s Republic of China, and classified in subitems 7007.11.00, 7007.19.00, 7007.21.00, 7007.29.00, 8708.29.99 and 8708.22.00 of the Mercosur Common Nomenclature (NCM). The review was initiated at the request of the Brazilian Glass Industries Association (ABIVIDRO).
The investigating authority recommended the opening of the review based on the allegation, made by the Petitioner, that after the beginning of the investigation that resulted in the application of definitive antidumping duties on imports of automotive glass, there was a significant increase in imports from China of glass classified under subitem 7006.00.00 of the NCM, which would be undergoing an industrialization process in Brazil for subsequent resale in the Brazilian market as automotive glass. According to ABIVIDRO, pairs of glasses were being imported with the intention of subsequently be bonded by fixing the polyvinyl butyral plastic sheet (PVB) in Brazil, for resale as automotive glass. These operations would have occurred after the beginning of the original investigation that culminated with the application of antidumping measure on imports of automotive glass (CAMEX Resolution No. 5 of 2017).
| Petitioner | Associação Brasileira das Indústrias de Vidro (ABIVIDRO) |
| Origin | People´s Republic of China
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| Investigated period | – Analysis of the circumvention: April 2021 to February 2022 |
| – Analysis of changes in trade flows: April 2016 to March 2022
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| Product at issue | – Tariff classification: Usually classified under NCM subitems 7007.11.00, 7007.19.00, 7007.21.00, 7007.29.00, 8708.29.99 and 8708.22.00.
– Product: The product subject to the antidumping measure is automotive glass exported from China to Brazil. The product is also commonly referred to as safety glass. – Uses and applications: Automotive glass is commonly intended for use as windshields, sunroofs or panoramic roofs, rear portholes or rear windows and side windows. The product can have fixed, mobile, or sliding applications; and can be sold as non-encapsulated, extruded, reflective, with anti-fog technology, with thermal and/or acoustic comfort or molded; with or without heating; with or without accessories (insert, sensor, support, profile, with or without glued antenna, connector, pin, clip, terminal, spacer, and any other glued or fitted product); and others. |
Questionnaires will be sent to known importers and other domestic producers, who will have twenty days to respond, counted from the date of notification. Pursuant to paragraph 3 of article 45 of the Decree No. 8.058/2013, other parties that consider themselves interested and their respective representatives may request their qualification until 06/14/2023.
In light of article 128 of the Decree No. 8.058/13, the anticircumvention review must be concluded six months from its starting date (19/11/2023), and this period may be extended for up to three months in exceptional circumstances.
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