Antidumping, Safeguard and Countervailing Measures
Brazilian regulation on antidumping, subsidies, countervailing measures, and safeguard is the result of international agreements signed by our country in the scope of the World Trade Organization (WTO). Since the Brazilian incorporation of the trade remedies regulation, first through Resolution CPA 1.277/87 and, later, through Decree 1.355/95 -already under the rules agreed at the WTO-, Guedes & Pinheiro has been specializing in the defense of domestic industry, as well as of exporters and importers, in cases of this nature, with highly positive results.
Globalization and the increasing connection with partners in foreign countries and multinational companies is leading to consultancy work outside Brazil, where Guedes & Pinheiro acts in the defense of Brazilian industry in procedures in Americas and Europe, working with our international associates.
Agreements have placed Brazil in areas of free trade and Customs Union such as Mercosur. Currently, the country, through Mercosur, negotiates free trade agreements with Mexico, member States of the Andean Community (CAN), South Africa, European Union, and the United States, besides the Free Trade Area of the Americas (FTAA). Such agreements make possible the increment of exports to these markets, as well as defense against imports that, due to development differential, can be harmful to certain sectors in that specific moment.
The normative part of the negotiated agreements involves innumerable and complex questions, as, for example, rules of origin, non-tariff barriers, markets access, requiring, thus, specialized consultancy. In these cases, Guedes & Pinheiro acts by defending the interests of our customers along with Brazilian governmental representatives during the negotiation of preference margins and/or the establishment of the methodology to be adopted for the intended tariff reduction.
The objective of customs valuation is to determine, according to certain principles and technical-legal criteria approved internationally, the value of imported merchandise, fixing a sum that will have a dutiable value.
Such mechanism, when used based on the standard of the Customs Valuation Agreement of the WTO, will result in a fair fixing for the dutiable value, contributing to market regulation, and is an excellent form of control over international prices.
Claims for Reducing Tariff Rating
This is an option for companies that desire to import industrial goods not produced within Mercosur. Aiming that such operation occurs with reduced import tariff incidence, Guedes & Pinheiro elaborates and follow up the request to the competent governmental authorities.
Technical regulations, norms and standards
The technical regulations are documents and proceedings adopted by certain authority with power to do so, that establish technical requisites, usually aiming at assuring aspects related to health, security, environment, or protection of the consumer and of the fair trade.
Guedes & Pinheiro works on the establishment, in our country and in Mercosur, of technical norms and regulations for national and imported products, as well as on the analysis of this type of norms and regulations adopted by our trade partners on their imports.
Claims for Used Industrial Goods
The import of used industrial goods has been widely used by Brazilian industry as a way of modernizing its productive process and reducing costs. Guedes & Pinheiro elaborate and follow up the request to the competent governmental authorities.
Temporary Reduction of Import Tariff
To lessen the problems due to unexpected lack of supply in the market, Mercosur members are allowed to request temporary reduction of the import tariff of products, with the establishment of quotas under such reduction.Guedes & Pinheiro has the know-how of the legal instruments used in such cases, working closely to the authorities responsible for the process.
Alteration in Mercosur Common Nomenclature (NCM)
Aiming the correction of certain distortions existing in the Common External Tariff of Mercosur (TEC), sometimes makes necessary the creation of new NCM classifications. The creation of a specific NCM for certain products facilitates the performance of the Government, besides the interest of national producers, as well as exporters and importers.
Alteration in Mercosur TEC
As a Customs Union, Mercosur withholds a Common Import Tariff for third party countries. Due to the dynamics of foreign trade and the constant internal and external changes in the member countries, there coexists in TEC an exception list where the Common Tariff is not situated in adequate level.
Our firm dominates the instruments normally used for the alteration of the TEC, as well as the ones put into the exception list, in specific cases determined by Mercosur’s legislation.
Classification of Mercosur Nomenclature
Goods imported in Brazil must be classified in accordance with the Harmonized System of Mercosur Common Nomenclature (NCM/SH), classification based on the international system of nomenclatures. Classification determines the admissibility of goods, the rate at which duty is paid, the applicability of import restrictions and the availability of special tariff treatment.
Our company is specialized in obtaining the optimal classification for merchandise within these provisions. Our technicians routinely provide guidance in determining:
- The most favorable duty rate available;
- The availability of special tariff programs which eliminate, reduce or defer duties;
- The applicability of import restrictions, quotas or special licensing requirements;
- Whether the product is subject to antidumping or countervailing duties;
- The applicability of special labeling or marking rules;
- The possibility that product modifications will result in different classification with a lower rate of duty.
Report of an Incorrect Tariff Classification
The incorrect classification of merchandise by certain importers implies frequently in depreciated prices practice, harming fair competition in the domestic market.
Guedes & Pinheiro acts in such a way to restrain these practices, so onerous for the domestic producers, other importers, as well as for the public state treasury. The collection of the monetary differences for incorrect classification is foreseen in our tax legislation.
Market and Statistics Research
In order to keep our customers always up-to-date, Guedes & Pinheiro carries out research as well as the compilation of import and export statistical data.
Rules of Origin
Complex rules for determining the origin of imported merchandise have evolved in response to the increase of free trade areas, which determine tariff preferences to the products of its members. Determination regarding the origin of the merchandise can affect the rate of duty as well as the applicability of import quotas and other restrictive trade measures.
Noncompliance with these rules can delay or preclude the clearance of merchandise and subject the importer to monetary penalties. Guedes & Pinheiro has extensive experience regarding country of origin determination, adequacy of the importer to the rules and compensation for the damages caused to our customers due to the improper use of the rules of origin.