Public interest assessment initiated concerning antidumping measure applied to Brazilian imports of polyether polyol from China and the United States
In brief
On 18 July, 2025, SECEX (the Brazilian Secretariat of International Trade) initiated ex officio a public interest assessment proceeding regarding the antidumping duties in force against Brazilian imports of polyether polyol from China and the US, commonly classified under the NCM code 3907.29.39, which were imposed on 4 July 2025.
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 related case, the public interest assessment is being conducted from an economic and social point of view, in order to examine the effects of the antidumping measure on economic agents linked to the production, distribution, sales and consumption chain in which the domestic industry is located, including its upstream and downstream links.
SECEX identified that there is a potential risk of shortages, supply interruptions and restrictions on national supply, as well as possible negative impacts on the dynamics of the domestic market, which could motivate the suspension or amendment of antidumping duties.
The full SECEX Circular that initiated the proceeding is available at this link.
Relevance 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 August 11th, 2025[1], provided that they demonstrate the extent to which they may be affected by the possible suspension of the antidumping duties. Please note that exporters cannot contribute to the proceeding.
- 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[2]; and other bodies and entities of the Executive Branch, according to DECOM’s[3] 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 specific Legal Alert on the subject.
Summary
- Petitioner: Assessment initiated ex officio by Secex.
- Product under investigation: polyether polyol with a molecular weight between 300 and 4,500 g/mol, and a purity of 90% or more, including blends that meet a minimum 90% concentration of polyether polyols.
- Applications:
- Low molecular weight polyether polyols: used in the production of rigid polyurethanes, applied in rigid foams for thermal insulation (e.g., containers, refrigerated trucks, cold chambers, domestic and commercial refrigerators, thermal boxes, and utensils) and in construction (e.g., facade panels, roofs, windows, and garage doors).
- Medium molecular weight polyether polyols: used in adhesives, sealants, elastomers, and coatings, often for industrial and furniture paints, construction adhesives and sealants, technical parts, and automotive filters.
- High molecular weight polyether polyols: used in flexible polyurethanes for mattresses, pillows, office furniture, and upholstery for domestic or automotive use.
- Reason for the request of the public interest assessment: Assessment conducted from an economic and social point of view, considering the risk of supply shortages or interruptions and constraints on domestic supply, as well as the impact of the trade remedy on the national market dynamics.
- Deadline for the submission of Manifestation with evidence: 11 August 2025.
[2] The Executive Management Committee of the Brazilian Foreign Trade Chamber.
[3] The Brazilian Trade Defense Department.