Public interest assessment initiated on antidumping measure applied to Brazilian imports of gloves for non-surgical procedures from China, Malaysia and Thailand
In brief
On May 6, SECEX[1] initiated a public interest assessment proceeding on the imports of gloves for non-surgical procedures from China, Malaysia and Thailand, commonly classified under NCMs 3926.20.00, 4015.12.00, and 4015.19.00.
The Brazilian antidumping regulation (Decree No. 8.058/2013) authorizes the suspension or modification of definitive antidumping measures due to public interest reasons in exceptional circumstances. The public interest assessments aim to evaluate the impact of the antidumping duties over the market and market dynamics, industrial users, and consumers.
In the case in hand, antidumping duties on imports of gloves for non-surgical procedures from China, Malaysia and Thailand were imposed on October 23, 2024 and the Brazilian Association of Importers of Health Gloves (ABILS), requested the initiation of the related public interest assessment. According to ABILS, there is evidence of interruption of the domestic production by the Brazilian producer Targa Medical S.A., which is responsible for almost all Brazilian production of gloves for non-surgical procedures. The alleged disruption was caused by an interruption in the supply of natural gas, an essential energy source for the production of the related gloves. In addition, ABILS points out that the domestic producer of gloves (Targa Medical) is facing financial difficulties, such as non-payment for raw materials received (natural rubber latex).
Moreover, another national producer of Gloves, Látex São Roque, has announced its decision to discontinue production of Gloves for non-surgical procedures in April this year.
ABILS considers that the described scenario results in serious risk to the regular supply of natural latex gloves to the Brazilian market. For this reason, the result of assessment could result in the suspension of the recently imposed antidumping duties.
The full SECEX Circular that initiated the proceeding is available at this link.
The importance of stakeholder participation
The active participation of interested parties in the related proceeding can be decisive in ensuring a final determination that is more favorable to the interested party in question. Interested parties may present submissions with evidence until May 16th, 2025[2], provided that they demonstrate the extent to which they may be affected by the possible suspension of the antidumping duties.
- Interested parties: importers; Brazilian producers; domestic industrial companies’ users of product or domestic suppliers of raw materials for the product’s manufacture (and the trade association that represents them); national users whose interests are adversely affected; government bodies that are members of GECEX[3] and CAMEX[4]; and other bodies and entities of the Executive Branch, according to DECOM’s[5] criteria.
- More details on public interest assessment proceedings: Considering the provisions of SECEX Ordinance No. 282/2023, any assessment of public interest, as a rule, only takes place after the trade defense investigation has been closed. Please see more details on our Legal Alert on the subject.
In summary
- Petitioner: Brazilian Association of Importers of Health Gloves (ABILS).
- Product under investigation: Gloves for non-surgical procedures.
- Applications: protection against body fluids, blood and other secretions, in situations where there is a risk of contamination, transmission of micro-organisms and infections, in order to maintain hygiene and asepsis for both patients and healthcare professionals.
- Reason for the request of the public interest assessment: evidence of interruption in the manufacture and regular supply of natural latex gloves on the Brazilian market.
- Deadline for the submission of Manifestation with evidence: May 16th, 2025.