Now Open: Antidumping Investigation on Brazilian Imports of Food-Grade Phosphoric Acid from China, Morocco and Mexico

In brief

On 18 December 2024, SECEX (the Brazilian Secretariat of International Trade) initiated an antidumping investigation on Brazilian imports of food-grade phosphoric acid from China, Morocco and Mexico, commonly classified under the NCM code 2809.20.11.

Food-grade phosphoric acid is used in a variety of applications, such as:

• Food and soft drinks industry: used as a clarifier, acidifier, nutrients for yeast and in the production of food grade phosphates;
• Sugar industry: used as an agent for treating metals;
• In refractories: used as an additive;
• Fertilizer industry: used as compost.

Fertilizer or industrial grade phosphoric acid is not within the scope of the investigation.

The investigation may result in the imposition of antidumping measures and the consequent increase in the cost of Brazilian imports of polyethylene resins for a period of five years.

The original text of the Official Notice of Initiation of the antidumping investigation (in Portuguese) is available in the following link.

Relevance of stakeholder participation

Active participation of importers, exporters, and any other interested parties in the investigation may be decisive in securing a more favorable outcome. Interested parties can request to be admitted as parties in the investigation until 7 January 2025[1], provided that they demonstrate the extent to which they could be affected by the imposition of the antidumping duty.

• Deadline for replying to the Importer’s Questionnaire: 30 days as of acknowledgement of receipt (presumed 3 days after the date of electronic transmission by the authority);
• Deadline for replying to the Exporter’s Questionnaire: 30 days as of acknowledgement of receipt (presumed 7 days after the date of electronic transmission by the authority).

Usually, a public interest assessment may be requested only after the conclusion of the trade remedies investigation, as established by SECEX Ordinance No. 282/2023 (additional information is available in our Legal Alert on the subject).

More details

• Petitioner: ICL Aditivos e Ingredientes Ltda.
• Investigated product: food-grade phosphoric acid. Fertilizer or industrial grade phosphoric acid is not within the scope of the investigation.
• Uses:
  • Food and soft drinks industry: used as a clarifier, acidifier, nutrients for yeast and in the production of food grade phosphates
  • Sugar industry: used as an agent for treating metals;
  • In refractories: used as an additive;
  • Fertilizer industry: used as compost.
• Dumping margins:
  • ​China: USD 4,753.47/t / 431.3%
  • Morocco: USD 2,003.13/t / 156.9%
  • Mexico: USD 878.31/t / 71%