This article aims to explain the background and history behind the current anti-circumvention (AC) law and proceeding in Brazil, to define the legal circumstances that characterize a circumvention practice and to inform the requirements necessary to present an application for the initiation of an AC review and the provisions in such a proceeding. It provides a look and understanding of the few AC cases in Brazil that have, thus far, taken place and the lessons learned from them. The article also explains the difference between circumvention and other practices that evade the application and effectiveness of anti-dumping (AD) duties, and the means to combat these practices, such as transshipments, origin investigations, scope assessments and redetermination proceedings.
Global Trade and Customs Journal