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November 11, 2009 | 1 Hogan & Hartson LLP CUSTOMS UPDATE Brazilian Government Targets U.S. Products for Up to a 100% Additional Retaliatory Tariffs On November 6, 2009, the Government of Brazil concluded nearly seven years of litigation before the World Trade Organization (WTO) concerning cotton subsidies by announcing retaliation against the United States. A resolution, issued by the Brazilian Foreign Trade Chamber (CAMEX or A 1 Câmara de Comércio Exterior), includes a preliminary list of imported goods from the United States that are being targeted for up to 100% in additional tariffs.2 Brazil’s retaliatory move follows an August 31, 2009 WTO arbitration panel decision authorizing Brazil to adopt retaliatory trade measures against U.S. imports, and upholding a previous WTO panel finding that the United States 3 failed to comply with the WTO ruling in the dispute settlement case brought by Brazil (WT/DS267). In its November 6, 2009 announcement, CAMEX states that the intended retaliatory duties will be applied on top of current duty rates applicable to U.S.-originating products, notwithstanding the possibility of later adopting other measures or the inclusion of additional tariff items. CAMEX is inviting interested Brazilian entities to submit comments on the preliminary list by November 30, 2009. Submission of comments is subject to specific instructions established in the announcement. The Preliminary Retaliation List is Broad The draft retaliation list covers a broad range of imported U.S. products including specific agricultural articles, foods, beverages, wood and wood products, chemicals, steel products, pharmaceuticals, consumer products, medical devices, automobiles, digital cameras, sports equipment and others. Food products covered by the proposed retaliation list include certain articles or types of: Fish lactose syrup/other sugar syrups milk powders prepared potatoes walnuts and hazelnuts raisins certain mixed juices and flavored waters pears, cherries and plums certain protein concentrates and food wheat and soybean oils vegetable fats supplements sugar-free chewing gum 1 Brazil’s Foreign Trade Chamber (CAMEX), created in 1995, formulates and coordinates trade policy. CAMEX is presided by the Minister of Development, Industry and Foreign Trade, and includes representatives of other Brazilian Ministries, including Foreign Relations, Finance and Agriculture, among others. 2 Resolução CAMEX No. 74, de 06/11/2009. 3 Panel Report, United States–Subsidies on Upland Cotton, WT/DS267/R (Sept. 8, 2004). November 11, 2009 | 2 Other articles included in the target list are certain: Acyclic alcohols Toilet waters Beauty and make-up preparations Razors and razor blades Shampoos Alkaline cells Dentifrices and toothbrushes Cookers and grillers Shaving products Medicines and medical devices and Personal deodorants Chemical preparations for Certain wood pulp and paper products photographic uses Passenger cars and outboard motors Polymers Consumer products, including portable Packing materials phones for cellular networks, Tires loudspeakers and digital cameras Cotton yarns, textiles and apparel Wrist watches Glass fibers Plastic furniture Articles of jewelry Sports articles and equipment Paintings, drawings and pastels Certain flat-rolled iron and nonalloy steel products apparatus The preceding list is intended to provide only a general description of the broader categories of articles that are targeted. A complete copy of the official target list (in Portuguese) and an unofficial English language guide to the targeted products prepared by Hogan & Hartson providing additional descriptive detail can be accessed by clicking here. Companies are strongly advised to consult the official list and legal counsel to confirm whether specific articles are included. Opportunity for Comments and Opposition by Brazilian Entities Comments in opposition to the proposed measures are being accepted by CAMEX through Monday, November 30, 2009. However, only Brazilian entities are currently eligible to submit comments. U.S. exporters of potentially affected products are therefore strongly advised to identify Brazilian customers or subsidiaries with an interest in the proposed measures to encourage them to submit appropriate comments. How Hogan & Hartson Can Assist Hogan & Hartson’s international trade lawyers can assist U.S. exporters and Brazilian importers to identify if their products are potentially covered by the preliminary target list. If such products are on the proposed retaliation list, Hogan & Hartson can assist companies in coordinating with the appropriate entities in Brazil to prepare and submit comments. Hogan & Hartson is also in a position to develop and assist in the implementation of other actions in the United States and Brazil intended to prevent or mitigate the proposed measures. November 11, 2009 | 3 About the Customs Update Hogan & Hartson periodically publishes Customs Updates to notify clients of substantial regulatory and legal changes that could affect global companies. If you have any questions concerning the above information, please contact one of the customs attorneys below. LEWIS E. LEIBOWITZ [email protected] Washington CRAIG A. LEWIS [email protected] Washington TERESA M. POLINO [email protected] Washington JULIA S. PADIERNA-PERALTA [email protected] Washington CHANDRI NAVARRO [email protected] Washington This Update is for informational purposes only and is not intended as basis for decisions in specific situations. This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Copyright © 2009 Hogan & Hartson LLP. All rights reserved. Hogan & Hartson LLP is a District of Columbia limited liability partnership with offices across the United States and around the world. Some of the offices outside of the United States are operated through affiliated partnerships, all of which are referred to herein collectively as Hogan & Hartson or the firm. www.hhlaw.com
