Investigation launched to verify the existence of dumping in the exports of polyethylene resins from the USA and Canada to Brazil

Circular SECEX No. 63 has been published today initiating an investigation to ascertain the existence of dumping in the exports from the USA and Canada to Brazil of polyethylene resins classified under subitems 3901.10.30, 3901.20.29, and 3901.40.00 of the Common Nomenclature of Mercosur (NCM), and of damage to the domestic industry resulting from such practices.

The petition requesting the investigation was submitted by the company Braskem S.A.

The product subject to the investigation is ethylene polymers, in primary forms, without filler, with and without additives, with and without pigments, commonly classified under subitems 3901.10.30, 3901.20.29, and 3901.40.00 of the Common Nomenclature of Mercosur (NCM).

The market commonly uses the term polyethylene and/or polyethylene resin to refer to these polymers, including ethylene and alpha-olefin copolymers. Therefore, henceforth, the product subject to the investigation will be simply referred to as polyethylene resins.

The following polyethylene polymers/resins are not part of the scope of the investigation:

a) Recycled polyethylene resins;

b) By-products of polyethylene resins;

c) Polyethylene resins classified under subitems 3901.20.21, 3901.30.10, and 3901.30.90 of the NCM; and

d) Polyethylene resins classified under subheading 3901.90 and its subitems of the NCM.

Thus, for the purpose of the analysis regarding the determination to initiate the investigation, the period from April 2019 to March 2024 was considered, in accordance with § 4 of Article 48 of Decree No. 8,058 of 2013.

The dumping margins assessed demonstrate the existence of indications of dumping practices in the exports of polyethylene resins from the USA and Canada to Brazil, carried out during the period from April 2023 to March 2024.

The margins are not de minimis, according to § 1 of Article 31 of Decree No. 8,058 of 2013. The absolute and relative dumping margins determined for the origins under analysis are presented below.

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Interested parties may cooperate with the aforementioned investigation by providing data to complete the Exporter, Importer, or other Domestic Producer Questionnaires within 30 days (extendable for an additional 30 days) from the date of becoming aware of the investigation, in order to defend their interests and potentially benefit from any individual anti-dumping margin, which is generally lower than the margin calculated based on the available information. Other potential interested parties who did not receive questionnaires may request their admission to the process until December 9, 2024.