Now Open: New Antidumping Investigation on Brazilian Imports of Nebulizers from China

In brief

SECEX (the Brazilian Secretariat of Foreign Trade) opened on 17 May 2024 a new antidumping investigation against Brazilian imports of nebulizers, from China, commonly classified under the NCM code 9019.20.20.

Nebulizers for personal and domestic use, also known as inhalers, are devices for treating respiratory conditions by aerosol therapy.

The full text of the SECEX Circular (in Portuguese) that opened the investigation can be accessed in this link.

Importance of stakeholder participation

Active participation of importers, exporters, and any other interested parties in the investigation could be decisive in securing a more favorable outcome. Interested parties may request to be admitted to the process until 7 June 2024*, provided 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).

In view of the provisions of the SECEX Ordinance No. 282/2023,  a proceeding for the assessment of public interest would generally only occur after the trade defense investigation is closed (kindly find details on our Legal Alert on the subject).

More details

The new investigation was initiated upon the request of OMRON Healthcare Brasil Indústria e Comércio de Produtos Médicos Ltda., local producer of nebulizers.

• Investigated product: Nebulizers for personal and domestic use, also called inhalers
• Uses: Nebulizers for personal and domestic use, also known as inhalers, are devices for treating respiratory conditions by aerosol therapy, using liquid solutions (usually saline and/or medication) in aerosol form by means of compressed air or ultrasonic vibrations. The nebulized drug particles have a diameter of approximately 1 to 10 μm and a nebulization rate greater than or equal to 0.2 ml/min.Common presentations are tabletop or handheld models. Tabletop models typically weigh between 150g and 1.5kg and are powered by cables connected to the mains. Handheld models, on the other hand, typically weigh less than 150g and are powered by batteries, rechargeable batteries, USB cables or the mains. The technology used for the nebulization process can be compression (compressed air) or ultrasonic.
• Dumping Margin – China: US$ 48.35/unit  /  477.8%