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Brazil and Russia: New antidumping sunset review on Brazilian imports of metallic magnesium from Russia

By 2 Mins Read

In brief

On 28 March, the Brazilian Secretariat of Foreign Trade (SECEX), through Ordinance No. 10 dated 27 March 2023, opened a sunset review concerning the antidumping duty in force on Brazilian imports of metallic magnesium from Russia.

At the end of the review, the current antidumping duty may have its term extended for another five years.

The SECEX ordinance mentioned above is available here (in Portuguese).

Recommended actions

Importers’, exporters’ and other interested parties’ active participation in the sunset review may be decisive to ensure a final determination that is more favorable to the interested party in question. Interested parties may request authorization to participate in the administrative proceeding until 17 April 2023, provided that they can show the extent to which they are affected by the antidumping duty in force. Such a request for authorization is of particular importance in this case, as there were no export transactions of metallic magnesium from Russia to Brazil throughout the investigated period.

In addition, interested parties may apply for the Brazilian authority to conduct a public interest assessment in parallel to the antidumping investigation. Within the purview of such proceeding, the authority will analyze, based on information and economic studies submitted by the parties, whether the extension of the antidumping duty in force is a measure that serves the public interest or whether this purpose would be better served if the duty was suspended or amended.

In depth

For ease of reference, the chart below summarizes the main information about the new investigation:

*Throughout the investigated period, no export transactions of metallic magnesium from Russia to Brazil were identified.
Source: SECEX Ordinance No. 10 of 27 March 2023, published on 28 March 2023, and CAMEX Resolution No. 18 of 27 March 2018, published on 28 March 2023 (ref. the prior sunset review).

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Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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Author

Paulo Casagrande joined the Firm in early 2020 as the partner in charge of the Antitrust & Competition group. Mr. Casagrande has 20 years of professional experience, both in the private and the public sectors.

At the federal government, he was the first ever Head of the Bid Rigging Unit at the Secretariat of Economic Law of the Brazilian Ministry of Justice (SDE), the agency then in charge of investigating cartels before the reorganization of the Brazilian Competition Defense System in 2012. During his stint at the government, he conducted several investigations together with other enforcement agencies, and also represented the Secretariat at the meetings of the Competition Committee of the Organization for Economic Cooperation and Development (OECD) in Paris (France).

While in the private bar, Paulo was a partner at leading international and Brazilian Law firms, and has a deep knowledge of several industries and a broad business vision. He has been especially active in the representation of clients before CADE (the Brazilian antitrust agency) in complex merger reviews and investigations of alleged anticompetitive practices. Paulo also accumulates extensive experience in assisting infrastructure and tech companies active in dynamic digital markets.

*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Author

Francisco Niclós Negrão joined the firm in 2023, as co-head of our Antitrust and International Trade Practice. Negrão has over 20 years of experience in complex cases in both areas, being recognized for offering legal solutions to complex problems in addition to a sophisticated economic analysis, given his double educational background.

Negrão’s experience in both practices during two decades allows him to have a deep knowledge of the functioning of various markets, having had stellar results for his clients in antidumping investigations, subsidies/countervailing measures, public interest analyses, tariff changes, commercial disputes, among others.  In addition, in antitrust, Negrão has a solid background in complex merger reviews, investigations regarding vertical and horizontal practices, and a renowned track record in the designing and implementation of broad and deep competition compliance programs.  He also has experience in the public sector, as a public servant in the Brazilian National Treasury.

Francisco Niclós Negrão has been recognized for International Trade and Antitrust by the main legal rankings, such as Chambers, The Legal 500, Latin Lawer 250, Who’s Who Legal, Leaders League, Best Lawyers, and Análise Advocacia, among others.

In international Trade, according to clients mentioned by The Legal 500: “Francisco Niclós Negrão is currently one of the best lawyers, if not the best, in the area of international trade in the country. He has an incredible depth in his analysis and, at the same time, a great power of synthesis highly valued by those who are on the side of the company and need to pass the information to management in a clear and direct way. In addition, he is highly respected by the authorities for his knowledge. His fluency in English and Spanish, in addition to Portuguese, is a great asset, especially for companies with a presence in several countries.” (The Legal 500, 2022)

In antitrust, according to Chambers and Partners: “Francisco Negrão is commended by market sources for his solid expertise in competition law, being further recognised for his knowledge about trade law.” A client asserts: “He is a very skilled lawyer, understands a lot of economic regulation and goes beyond legal knowledge about the topic at hand,” and adds: “He has this additional economic expertise which part complements the work and adds a lot of value.” (Chambers and Partners, 2022)

In addition to his law degree from the University Center of Brasilia (UniCEUB), also holds Bachelor and Master degrees in Economics and International Economics and Finance from Brandeis University (USA), with a period at Università Bocconi (Italy). Negrão has also compliance training from Society for Corporate Compliance and Ethics – SCCE.

Francisco Niclós Negrão is the President for the Commission of International Trade from the Attorneys Institute of São Paulo (IASP) and has been, for two terms, Director of International Trade in the Brazilian Institute for Antitrust, Consumer Law and International Trade (IBRAC).  He is routinely a speaker in seminars involving International trade and antitrust.

*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.”

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