On June 22, SECEX Ordinance No. 24/2023 was published, which initiated an investigation into the existence of actionable subsidies in exports to Brazil of optical fiber cables with external coating of dielectric material, originating in the People’s Republic of China and classified under subitem 8544.70.10 of the Mercosur Common Nomenclature (“NCM”).

In October 2022, the companies Cablena do Brasil Ltda., Furukawa Eletric Latam S.A. and Prysmian Cabos e Sistemas do Brasil S.A. requested the initiation of an investigation that was recommended by the Department of Trade Defense (“DECOM”) due to the existence of sufficient evidence that China grants actionable subsidies to its producers/exporters of optical fiber cables, and the occurrence of damage to the domestic industry arising from such practice. The main information of the case is summarized in the table below:

The participation of interested parties in the process must necessarily occur through interlocking petitions in the Electronic Information System of the Ministry of Development, Industry, Commerce, and Services – SEI/MDIC, in SEI Processes No. 19972.101905/2022-51 (restricted) and No. 19972.101904/2022-14 (confidential). 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 as interested parties and have not been identified as such may request their qualification until July 13, 2023.

Article 6 of SECEX Ordinance No. 13/2020 states that 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.