On January 16, 2025, Decree No. 33/2025 (the “Decree”) was published, a measure aimed at renewing the anti-dumping system to enhance the competitiveness of domestic products, protect consumers, and promote fairer conditions in international trade.
Under the new regulations, the maximum duration of anti-dumping measures is reduced from 5 years with unlimited renewals to a maximum term of 3 years, allowing only one additional extension of 2 years. Additionally, investigations prior to the implementation of these measures will have a maximum duration of 8 months, instead of the previous 12 months.
Regarding the administration of the system, all anti-dumping-related procedures will be centralized in the National Commission of Foreign Trade (“CNCE”), eliminating the involvement of multiple agencies and simplifying procedures. Furthermore, the National Competition Commission and the Undersecretariat for Consumer Protection will participate in the analyses to ensure an approach that considers both public interest and consumer impact.
The regulation also grants the Ministry of Economy the authority to temporarily and exceptionally suspend the application of existing anti-dumping, countervailing, or safeguard measures for reasons related to foreign trade policy or public interest, without affecting the original duration of the measures.
Finally, the Decree introduces a specific chapter on safeguards, defined as emergency measures aimed at protecting domestic industry from unexpected increases in imports that could cause serious harm. These measures include tariff increases, tariff quotas, or quantitative restrictions, with a maximum duration of 4 years, extendable for an equal period if their necessity is justified.
This Decree came into force on January 16, 2025.
