Producers defend anti-dumping measure for imports of Chinese garlic

The National Association of Garlic Producers (Anapa) filed, in the Federal Supreme Court, the Declaratory Action of Constitutionality (ADC) 76, in which it defends the rules that regulate obligations resulting from the anti-dumping law (which combats the predatory trade in goods below the price costs) and extending the application of this duty to imports of garlic originating in the People's Republic of China. The rapporteur is Minister Rosa Weber.

The association defends the validity of article 7 of Law 9.019/1995 and article 1 of Ordinance 4.593/2019 of the Special Secretariat for Foreign Trade and International Affairs of the Ministry of Economy, which establish that companies importing Chinese garlic must pay anti-dumping duties. According to the entity, these devices have a direct impact on the viability of garlic production in Brazil.

Among the foundations presented by Anapa are the guarantee of national development, the maintenance of economic order and the principles of free enterprise, free competition and the repression of abuse of economic power.

As a preliminary matter, the association requests the suspension of all actions in which the ordinance is discussed and the suspension of the effects of emergency measures and injunctions that authorized the import of Chinese garlic without due payment of anti-dumping duties. On the merits, it intends for the STF to establish the obligation to collect anti-dumping duties on the date of registration of the import declaration for garlic from China, without which customs clearance cannot be carried out (release of the goods at customs).

Information request

In an order, Minister Rosa Weber requested information from the President of the Republic, the Federal Senate, the Chamber of Deputies and the Special Secretariat for Foreign Trade and International Affairs of the Ministry of Economy, to be provided within a common period of 30 days. Subsequently, the files will be forwarded to the Attorney General's Office (AGU) and the Attorney General's Office (PGR).

To read the full order, click here.