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Trade remedies in Brazil: antidumping, countervailing duties and safeguards

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Last verified: 2026-10-27 · Status: Stable

Brazil investigates dumping and subsidised imports through the Foreign Trade Secretariat (SECEX) and its trade defence unit, and the foreign trade chamber (CAMEX) decides whether to impose duties. Antidumping investigations must end within 10 months, or 18 in exceptional cases, dumping margins under 2 percent are de minimis, and definitive duties last five years unless a sunset review extends them. Countervailing duty cases have a 1 percent de minimis (2 percent for developing countries) and a 12 month deadline; safeguards last up to four years, and ten in total with extensions.

USD conversions use the Banco Central do Brasil PTAX selling rate of 26 October 2026, BRL 5.5007 per USD.

Key facts

Antidumping de minimis dumping margin	below 2 % of export priceDecreto nº 8.058/2013, art. 31, § 1, as of 2026-10-27 · in force
Antidumping investigation deadline (exceptional maximum)	10 (18) monthsDecreto nº 8.058/2013, art. 72, as of 2026-10-27 · in force
Antidumping definitive duty duration	5 yearsDecreto nº 8.058/2013, art. 93, as of 2026-10-27 · in force
Countervailing duty de minimis subsidy (developing countries)	below 1 (below 2) % ad valoremDecreto nº 10.839/2021, art. 25, as of 2026-10-27 · in force
Subsidy investigation deadline (extension)	12 (plus up to 6) monthsDecreto nº 10.839/2021, art. 68, as of 2026-10-27 · in force
Safeguard measures, maximum total duration	10 yearsDecreto nº 1.488/1995, art. 9, § 3, as of 2026-10-27 · in force

The rule

1. SECEX opens antidumping investigations and its trade defence department conducts them as investigating authority, while the CAMEX council of ministers decides on applying duties. CAMEX may, for public interest reasons, suspend a definitive duty or undertaking for up to one year, renewable once, decline provisional duties or set a different duty.Decreto nº 8.058, arts. 2, 3, 5 and 6, 2013-07-26 official text · verified 2026-10-27

2. A dumping margin below 2 percent of the export price is de minimis and ends the investigation without duties. Imports from one country below 3 percent of Brazil's imports of the product are negligible, unless countries each below 3 percent together exceed 7 percent.Decreto nº 8.058, arts. 31, §§ 1 to 3, and 74, II, 2013-07-26 official text · verified 2026-10-27

3. A petition is not considered filed by or on behalf of the domestic industry if the supporting producers hold less than 25 percent of national output, and supporters must represent more than 50 percent of the output of producers expressing a view.Decreto nº 8.058, art. 37, §§ 1 and 2, 2013-07-26 official text · verified 2026-10-27

4. An antidumping investigation must end within 10 months of initiation, extendable to 18 months in exceptional circumstances; the preliminary determination is due within 120 days and never before 60.Decreto nº 8.058, arts. 65 and 72, 2013-07-26 official text · verified 2026-10-27

5. Provisional antidumping duties need a positive preliminary determination, may not exceed the dumping margin and last up to 4 months, extendable to 6 at the exporters' request, or 6 and 9 months where the duty is below the margin. Exporters may offer price undertakings, which CAMEX approves, to suspend the investigation.Decreto nº 8.058, arts. 66, 67 and 68, 2013-07-26 official text · verified 2026-10-27

6. The duty should be lower than the margin when a smaller amount is enough to remove injury, save for listed exceptions. Definitive duties expire five years after they are applied or after the last full review, unless a sunset review, requested at least four months before expiry, extends them for an equal period.
Example: Imports with a customs value of BRL 1,000,000 under a 15 percent antidumping duty set as an ad valorem rate would pay BRL 150,000 on top of import duty. / On about USD 181,795 of goods the duty would be about USD 27,269.Decreto nº 8.058, arts. 78, §§ 1 and 3, 93, 106 and 111, 2013-07-26 official text · verified 2026-10-27

7. In subsidy investigations, a subsidy under 1 percent ad valorem is de minimis, or under 2 percent for developing countries; the investigation must end within 12 months, extendable by up to 6, and countervailing duties expire after 5 years unless reviewed. CAMEX decides on provisional and definitive measures.Decreto nº 10.839, arts. 3, 25, §§ 1 and 2, 68 and 89, 2021-10-18 official text · verified 2026-10-27

8. Safeguard measures generally last no more than four years and no more than ten in total with extensions; provisional safeguards in critical circumstances last up to 200 days and count toward the total. SECEX investigates and the ministers of industry and finance decide jointly.Decreto nº 1.488, arts. 2, 4 and 9, 1995-05-11 official text · verified 2026-10-27

Instrument	Decree	De minimis	Investigation	Duration
Antidumping	Decreto 8.058/2013	Margin below 2 percent; volume below 3 percent (7 percent combined)	10 months, up to 18	5 years, renewable by sunset review
Countervailing	Decreto 10.839/2021	Subsidy below 1 percent (2 percent for developing countries)	12 months, up to 18	5 years from application or last review
Safeguards	Decreto 1.488/1995	Not applicable	Conducted by SECEX	4 years, up to 10 in total

Brazil's three trade remedy instruments

Worked example

The 15 percent rate in the rule example is illustrative only; actual duties are set per product and origin in the resolution that applies them.
Petition threshold: if Brazil's output of a product is 1,000,000 tonnes and the petitioners make 200,000 tonnes, the petition fails the 25 percent test of art. 37, § 2 unless more producers join.

Step by step

Importers: before signing long term supply contracts, check whether the product and origin are under investigation or subject to duties in current CAMEX or Gecex resolutions.
Foreign exporters named in an investigation: register as an interested party, answer the questionnaires fully and on time, and consider a price undertaking.
Brazilian producers: gather output data showing support above 25 percent of national production before filing a petition with SECEX.
Diarise the expiry of measures and the deadline for sunset review requests, at least four months before expiry.
Use the public interest channel to argue for suspension where duties harm downstream users.

Common traps

Pricing a contract on today's duty: provisional duties can apply after a positive preliminary determination, which is due within 120 days of initiation (arts. 65 and 66).
Assuming duties end after five years: a timely sunset review can extend them for another equal period.
Lobbying the wrong body: safeguards are decided jointly by the ministers of industry and finance under Decreto 1.488, while antidumping and countervailing duties are decided by CAMEX.

Sources

Related: Brazil country profile · live dashboard · central bank and release calendar · our posts on X · where Argentina is involved, see The Argentine Thread guide

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