International Trade

International Trade
INTERNATIONAL TRADE TEAM
Brazil’s trade relations have expanded greatly in recent years as a consequence of globalization and
domestic economic reforms. Brazil has strengthened its links with its traditional trading partners and has
established important links with many emergent markets. Data compiled by the country’s Central Bank and
Ministry of Development, Industry and Foreign Trade show that the total international transactions have
reached a record of US$ 383 billion in 2010, with foreign investment into the country of US$ 48 billion in
that same year.
Brazil plays a leading role in the World Trade Organization and is increasingly active in bilateral and
multilateral trade negotiations aiming at the celebration of strategic free trade agreements. Among those
are the negotiations for celebration of a free trade agreement between Mercosur and the European Union.
Felsberg and Associates’ international trade practice area is directed by Ambassador Sergio Amaral, former
Minister of Development, Industry and Foreign Trade. He was the President of the Foreign Trade Chamber
(CAMEX - Portuguese acronym) and of the National Bank of Development (BNDES - Portuguese acronym).
The firm's trade practice handles the range of trade issues, including regulatory questions, tariff and nontariff barriers, trade remedies, and bilateral and multilateral negotiations.
To support the international trade law bar in South America, the firm’s lawyers participate frequently in
studies, workshops and seminars conducted throughout the region by Latin trade organizations. They also
support the international relations committee of the Center for Studies of the Lawyers’ Society (CESA Portuguese acronym).
Felsberg was recognized as one of the main Brazilian firms in the international trade area by the prestigious
publishing company Chambers & Partners in its Guide to the World’s Leading Lawyers (Latin America)
(2009-2010 / 2010-2011 / 2011-2012) for its vast expertise and obtained results. Ambassador Amaral and
Fernanda Manzano Sayeg were commended as outstanding practitioners in this area.
1.
AREAS OF TRADE EXPERTISE
The principal activities of Felsberg in the trade field revolve around trade remedy investigations
(antidumping, countervailing measures and safeguards) and the participation in bilateral and multilateral
negotiations on behalf of Brazilian and foreign companies. The firm is also active in advising industry groups
and individual clients about regulatory and customs matters arising under the trade rules of the WTO,
Mercosur and the European Union.
Felsberg supports its clients in multilateral trade relations through its offices in Dusseldorf, New York,
Shanghai and Washington, D.C.
Felsberg’s expertise in international trade comprises the following activities:
Trade Remedies
Counseling to and representation of Brazilian and foreign companies in the antidumping, subsidies and
safeguard investigations conducted by relevant Brazilian authorities and correlated matters.
 Counseling to Brazilian companies involved in trade remedy investigations in other countries.
International Trade Contentious Cases
 Counseling and representation of companies in international contentious cases in the Dispute
Settlement Body of the WTO, Mercosur and other regional fora.
Open Markets
 Advising national and foreign producers on issues relating to access to markets, including matters
regarding non automatic import licenses.
 Analysis of foreign legislation to detect disguised trade barriers, particularly as regards sanitary and
phytosanitary measures.
Tariff Barriers
 Counseling on strategies to reduce or remove the impact of trade barriers, in Brazil or other
countries, including matters related to the Generalized System of Trade Preferences and the
Common External Tariff (TEC) of Mercosur.
 Application to Brazilian authorities for increase or reduction of import duties.
Rules of Origin
 Design of strategies regarding rules of origin to obtain a certificate of origin from the Ministry of
Development, Industry and Foreign Trade.
Private Rules
 Advise on compliance with the technical and private norms such as environmental and
phitosanitary ones.
 Analysis of conformity of such technical standards with international trade rules.
Customs Valuation
 Advise on customs procedures in Brazil.
 Representation before all authorities in Brazil with jurisdiction over import issues.
2.
REPRESENTATIVE CLIENTS
Among the clients assisted by Felsberg in international trade matters, the following companies and
associations are worth mentioning:
AJINOMOTO - LYSINE (MEXICO) – 2003: Representation of the Brazilian company as an exporter of
lysine before the Mexican authorities prior to the initiation of an antidumping investigation. The
Mexican authorities were convinced of not initiating the antidumping investigation.
NETUNO - FROZEN SHRIMP (USA) – 2003/2004: Representation of the largest Brazilian exporter in an
antidumping investigation in the United States on imports of frozen shrimp from Brazil to the United
States; representation in subsequent revision procedures, and follow up on requests for consultations
presented by Ecuador and Thailand to the WTO which contested the decision taken by the United
States’ authorities.
INVISTA - PET RESIN (BRAZIL) – 2004/2005: Representation of the Brazilian company, as an exporter, in
an antidumping investigation in Brazil on the imports of PET resins from the United States and follow
up on a request for consultations presented to the WTO which contested the decision of the Brazilian
authorities.
THYSSENKRUPP MEXINOX – COLD-ROLLED STAINLESS STEEL (BRAZIL) - 2005/2006: Representation of
the company in a sunset review of antidumping duties imposed in Brazil to the imports of cold-rolled
stainless steel from South Africa, France, Japan, Mexico, and Spain.
BRAZILIAN ASSOCIATION OF PRODUCERS AND EXPORTERS OF CHICKEN / ABEF – CHICKEN EXPORT
(BRAZIL) - 2005: Counseling on matters related to sanitary and phytosanitary measures applicable to
the Brazilian chicken exports.
TRAFO – ELECTRICAL TRANSFORMERS (ARGENTINA) – 2006/2007: Representation of the company in
an antidumping investigation in Argentina on the imports of electrical transformers from Brazil.
KORAICHO – TOYS (BRAZIL) - 2007: Counseling to a Brazilian importer on the safeguards adopted by
the Brazilian authorities and the voluntary export restrictions regarding the imports of Chinese toys.
BRAZILIAN ASSOCIATION OF THE GLASS INDUSTRIES / ABIVIDRO - GLASSWARE (ARGENTINA) –
2006/2007: Representation of the associates of ABIVIDRO and Argentinean importers in an
antidumping investigation in Argentina on the imports of glass cups and mugs from Brazil.
TECUMSEH – POLYCARBONATE RESIN (BRAZIL) - 2007: Representation of the company as an importer
in an antidumping investigation in Brazil on the imports of polycarbonate resin from the European
Union and the United States.
GARWARE – PET FILM (BRAZIL) - 2007: Representation of the Indian company in the antidumping
investigation in Brazil on the imports of PET film India and Thailand, and in a subsidies investigation on
the imports of PET film from India.
WAUSAU PAPER SPECIALTY PRODUCTS – SC PAPER (BRAZIL) - 2007/2008: Representation of the
United Sates company, as an exporter, in an antidumping investigation in Brazil on the imports of
supercalendered paper from the United States and Finland.
ARKEMA – BUTYL ACRYLATE (BRAZIL) - 2007/2008: Representation of the United States company, as
an exporter, in an antidumping investigation in Brazil on the imports of butyl acrylate from the United
States.
BRAZILIAN ASSOCIATION OF THE WHEAT INDUSTRY (ABITRIGO) - WHEAT FLOUR (BRAZIL and
ARGENTINA) – 2007/2008/2011: Consulting to the Brazilian producers of wheat flour in technical and
political actions regarding unfair trade practices from Argentinean producers and exporters and the
inclusion of wheat flower in the list of exceptions of the Mercosur Common External Tariff (TEC).
GOOD HARVEST - GLYPHOSATE (BRAZIL) - 2008: Representation of the Chinese producer in a sunset
review of the antidumping duties imposed in Brazil to the imports of glyphosate from China.
DOUBLE COIN HOLDING LTD and OTHERS - TIRES (BRAZIL) - 2008: Representation of Chinese exporters
in an antidumping investigation in Brazil on the imports of truck and heavy machinery tires from China.
TRAMONTINA CUTTLERY (ARGENTINA AND RUSSIA) - 2008/2009: Representation of the Brazilian
exporter in an antidumping investigation in Argentina on the imports of stainless steel cutlery, which
resulted in a price undertaking for Tramontina; representation of the Brazilian company in a safeguard
investigation, in Russia, on the imports of cutlery, which resulted in the exclusion of the Brazilian
imports from the scope of the safeguard measure.
AJINOMOTO – LYSINE (USA) - 2008/2009: Representation of the Brazilian exporter on a request for a
waiver to the Brazilian lysine industry, in connection to the United States Generalized System of
Preferences (GSP).
HASENMEYER GMBH – POULTRY (BRAZIL) - 2009: Representation of the European importer in a public
consultation held by the Brazilian Government regarding the implementation of quotas for the exports
of chicken and turkey from Brazil to the European Union.
COMPANHIA SIDERÚRGICA NACIONAL/CSN – STEEL (BRAZIL) - 2009: Advice on technical questions
regarding customs valuation.
BIOCHROM AG – MACHINERY (BRAZIL) - 2009/2010: Counseling on the import of used machines for
commercial purposes in Brazil.
TRAMONTINA – KNIVES (ARGENTINA) – 2009: Representation of the Brazilian exporter in an
antidumping investigation in Argentina over imports of knives from Brazil and China, which resulted in
the exclusion of Tramontina from the applied antidumping duties.
TERMOMECÂNICA SÃO PAULO S.A. – COPPER TUBES (BRAZIL) - 2009/2010: Advice regarding
modification of the list of exceptions to the Common External Tariff of Mercosur to obtain higher tariffs
on imported copper tubes.
HUSQVARNA – HARVESTING MACHINERY (BRAZIL) - 2009/2010: Assistance for excluding harvesting
and threshing machinery from the retaliation list adopted against the United States in the context of
the U.S. Cotton Subsidies Case at the WTO.
BRAZILIAN ASSOCIATION OF THE TEXTILE INDUSTRY / ABIT – DENIM (BRASIL) – 2009/2010:
Representation of the Brazilian industry on the request for the initiation of an antidumping
investigation on the imports of denim from China.
MALTERIA DO VALE/AMBEV/COMPANHIA AGRÁRIA – MALT AND BARLEY (BRAZIL) – 2010:
Representation of the Brazilian malt industry in the negotiations of the free trade agreement between
the Mercosur and the European Union.
CJ DO BRASIL – LYSINE (USA) – 2010/2011: Representation of the Brazilian exporter on a request for a
waiver to the Brazilian lysine industry, in connection to the United States Generalized System of
Preferences (GSP).
VEYANCE TECHNOLOGIES DO BRASIL PRODUTOS DE ENGENHARIA LTDA. – NITRILE RUBBER (BRAZIL) –
2010/2011: Representation of the company, as an importer, in an antidumping investigation in Brazil
on the imports of non-hydrogenated nitrile rubber (NBR) from Argentina, France, India, Poland, South
Korea and United States.
ZEON CHEMICALS L.P. – NITRILE RUBBER (BRAZIL) – 2011: Representation of the company, as an
exporter, in an antidumping investigation in Brazil on the imports of non-hydrogenated nitrile rubber
(NBR) from Argentina, France, India, Poland, South Korea and United States.
TRAMONTINA – COOKWARE (BRAZIL) – 2010/2011: Representation of the Brazilian domestic industry
in an antidumping investigation in Brazil regarding the imports of stainless steel cookware from China.
TRAMONTINA FARROUPILHA – TABLEWARE (BRAZIL) – 2011/2012: Representation of the Brazilian
domestic industry in an antidumping investigation in Brazil regarding the imports of stainless steel
tableware of superior category from China.
UNION OF ELECTRICAL CONDUCTOR PRODUCERS – SINDICEL – ENAMELLED WIRES (BRAZIL) – 2011:
Legal advice related to trade remedies.
BRAZILIAN COPPER ASSOCIATION (ABC) – COPPER TUBES (BRAZIL) - 2011/2012: Representation of the
Brazilian domestic industry in an antidumping investigation on the imports of copper tubes from China.
AJINOMOTO AND CJ DO BRASIL – LYSINE (USA) - 2011/2012: Representation of the Brazilian exporter
on a request for a waiver to the Brazilian lysine industry, in connection to the United States Generalized
System of Preferences (GSP).
TERMOMECÂNICA SÃO PAULO S.A. AND PARANAPANEMA S.A. – COPPER TUBES (BRAZIL) – 2012:
Representation of the Brazilian copper tube producers on a request for a temporary increase of the
import duty applied to copper tubes.
BRAZILIAN ASSOCIATION OF THE PLASTIC INDUSTRY - ABIPLAST – HOUSEHOLD PLASTIC PRODUCTS
(BRAZIL) – 2012: Representation of the Brazilian industry on a request for a temporary increase of the
import duty applied to household plastic products.
BRAZILIAN ASSOCIATION OF THE PLASTIC INDUSTRY – ABIPLAST – HOUSEHOLD PLASTIC PRODUCTS
(BRAZIL) – 2012: Legal advice related to trade remedies.
Profile of the International Trade Team
Ambassador Sergio Amaral is graduated in Law by the University of São Paulo (USP) and post graduated by
the Paris University (Pantheón-Sorbonne). He was Minister of Development, Industry and International
Commerce, Chief Debt Negotiator before the Paris Club and Creditor Banks Committee, Representative for
Brazil to the GATT President of the Counsel of the Chamber of Foreign Trade (CAMEX), and Chairman of the
National Bank for Development (BNDES). He was also Ambassador of Brazil in London and Paris. Currently,
Ambassador Amaral is Counselor in the Federation of Industries of the State of São Paulo (FIESP), Chairman
of the China-Brasil Business Council and sits in the board of WWF-Brazil, AES Eletropaulo and other
multinational companies, such as Total.
Fernanda Manzano Sayeg is graduated in Law and Master in International Law by the University of São
Paulo (USP). Fernanda works as a lawyer in the areas of international trade and competition law and has a
large expertise in subjects such as trade remedies, international barriers, WTO negotiations and antitrust.
She was director and researcher at the International Trade Law and Development Institute (IDCID).
Moreover, she participated in the training program for lawyers at the Brazilian Mission in Geneva. She took
courses of specialization of International Trade and Investments Regulation in the Universidad de Buenos
Aires. She is currently enrolled in the Doctorate program at the University of São Paulo and lectures at the
LL.B. course of the Armando Álvares Penteado Foundation (FAAP).
Fernando Graciani Dolce, graduated in Law by the University of São Paulo (USP), works as a lawyer in the
areas of international trade and antitrust law. He has expertise in assisting clients in trade remedies cases,
international negotiations and antitrust issues. Participated in the Summer Program on European and
International Economic Law in the University of Augsburg, Germany.
Stephanie Scandiuzzi is a Law student at the University of São Paulo (USP). At Felsberg, she assists clients in
antidumping investigations, negotiation of free trade agreements and antitrust issues.
Mila Kawai Marcos is a Law student at the University of São Paulo (USP). At Felsberg, she assists clients in
antidumping investigations, negotiation of free trade agreements and antitrust issues.
Cooperate with the international trade team:
Anneliese Moritz coordinates the French Desk of Felsberg, which is dedicated to assist French and French
speaking companies. She is graduated in Law and has a Masters degree in European Community Law by the
Université Robert Schuman of Strasbourgh, France. Currently she is specializing in German Corporate Law in
the Deutsche Anwaltsakademie (2011). She is a member of the Deutsch-Brasilianische Gesellschaft and the
German-Brazilian Lawyers Association.
Lorin S. Weisenfeld is graduated in the University of Paris (Sorbonne) (DES 1962), Hamilton College (B.A.
1963), Harvard Law School (LL.B. 1966), Fulbright scholar, Faculty of Law, University of Costa Rica (1967).
He has worked with issues relating to promoting, financing, and protecting cross- border investments,
concentrating on investments in developing countries. He currently teaches on a limited basis at the law
school of Xiamen University, in China.
Rodrigo do Val Ferreira graduated in Law by the Federal University of Rio de Janeiro and Master (MBA) in
Finance and International Business by the Brazilian Business School. He coordinates the China branch, in
Shanghai, since 2005, having large experience acquired from Brazilian and Chinese law firms.
Principal Contacts
Ambassador Sergio Amaral
[email protected]
Phone: (55 11) 3141-9161
Fernanda Manzano Sayeg
[email protected]
Phone: (55 11) 3149-3725
Fernando Graciani Dolce
[email protected]
Phone: (55 11)) 3141-9143
Stephanie Scandiuzzi
[email protected]
Phone: (55 11) 3141-9122
Mila Kawai Marcos
[email protected]
Phone: (55 11) 3141-9183
Anneliese Moritz
[email protected]
Phone: (55 11) 3141-3620
Lorin S. Weisenfeld
[email protected]
Phone: (55 202) 331-2492
Rodrigo do Val Ferreira
[email protected]
Phone: (86 21) 6182-6801