Marina Takitani e Leonardo Baroni
Last Wednesday, June 14, 2023, SECEX Ordinance No. 22/2023 was published, which initiated a sunset review of the antidumping duty applied on Brazilian imports of welded tubes and pipes, of austenitic stainless steel, grades 304 and 316, of circular cross-section, with external diameter equal to or greater than 6 mm and not exceeding 2. 032 mm, with a thickness of 0.40 mm or more and 12.70 mm or less, originating in Malaysia, Thailand and Vietnam and classified in subitems 7306.40.00 and 7306.90.20 of the Mercosur Common Nomenclature (NCM).
The antidumping duty was originally established by CAMEX Resolution No. 39/2018, and was to remain in force until June 14, 2023. In January 2023, Aperam Inox Tubos Brasil Ltda. requested the initiation of the sunset review, which was recommended by the Department of Trade Defense (DECOM) due to the existence of sufficient evidence as to the likelihood of resumption of the damage caused by these imports if the antidumping duty were terminated. The main information of the process is summarized in the table below:
|Petitioner||Aperam Inox Tubos Brasil Ltda.|
Malaysia, Thailand and Vietnam
|Investigated period||– Dumping Analysis: October 2021 to September 2022|
– Analysis of damage: October 2017 to September 2022
|Product at issue||– Tariff classification: usually classified under NCM subitem 7306.40.00.
– Product: stainless steel pipes.
– Technical characteristics: the product object is presented in the form of welded tubes, of austenitic stainless steel, grades 304 and 316, of circular section, with an external diameter equal or greater than 6 mm (1/4 inch) and no greater than 2,032 mm (80 inches), with a thickness equal or greater than 0.40 mm and no greater than 12.70 mm.
– Uses and applications: austenitic stainless steel tubes are commonly used in the food industry, cryogenic applications, ornamental, high temperature applications, nautical components, civil construction, equipment for chemical, petrochemical, sugar and alcohol, food, pharmaceutical and pulp and paper industries, tableware and household utensils.
The participation of interested parties in the process must necessarily take place by means of interlocking petitions in the Electronic Information System of the Ministry of Development, Industry, Commerce and Services – SEI/MDIC. Questionnaires will be sent to the identified interested parties, who will have thirty days to return them, as of the date of acknowledgement. Others that consider themselves interested and have not been identified may request their qualification until July 4th of this year.
As provided in Article 6 of SECEX Ordinance No. 13/2020, a public interest assessment will be optional, initiated upon request submitted based on a duly completed Questionnaire of Public Interest or ex officio at the discretion of DECOM.
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