Bichara Barata, José Del Chiaro, DeVivo Whitaker
and Tozzini in speaker antidumping case
Wednesday, 15 January 2014 (2 hours ago) by Rachel Hall
Brazil’s Bichara Barata e Costa Advogados and José Del Chiaro Advocacia have helped two
importers of specialist speakers from China win exemptions from antidumping measures
imposed on the wider industry.
The case dates back to a review process initiated by the Brazilian antidumping authority in
December 2012, which sought to investigate whether or not the measure, worth US$2.35 per
kilogram of imported goods, that had been applied for the past five years should continue.
The authority called upon all importers of speakers from China to take part in the investigation,
including Multilaser Industrial, advised by Bichara Barata, Magneti Marelli, advised by José Del
Chiaro, BMW, counselled by TozziniFreire Advogados, and Nissan do Brasil, which turned to
DeVivo,
Whitaker
e
Castro
Advogados.
Bichara Barata and José Del Chiaro Advocacia informed the authorities that the specific
speaker products their clients import, Multilaser’s computer speakers and Magneti Marelli’s
automotive buzzers, are not available locally and are therefore not competing with Brazilian
producers. The lawyers also argued that this means there are no comparable products with
which to determine whether the importers are practicing dumping, as well as noting that
imposing
measures
could
risk
a
shortage
developing
in
the
market.
The authorities reviewed their case and ruled at the end of last November that the types of
speakers imported by both companies should be exempt from the antidumping measures.
As Nissan imports a type of automotive speaker that is produced in Brazil and which falls under
the scope of the antidumping measures, the company will continue to pay the duty on its
imports.
Although BMW initially appointed legal counsel with a view to participating in the investigation,
after an internal review process the company decided the implications were too minor to
participate.
Counsel to Multilaser
Bichara
Barata
e
Costa
Advogados
Partners Carolina Monteiro de Carvalho and Andrea Weiss Balassiano, and associate Naiara
de Oliveira
Counsel to Magneti Marelli
José
Del
Chiaro
Advocacia
Partners José Del Chiaro Ferreira da Rosa, Ademir Antonio Pereira Junior, Maurílio Monteiro de
Abreu and Luiz Felipe Rosa Ramos
Counsel
DeVivo,
Counsel
to
Whitaker
e
Nissan
Castro
to
TozziniFreire
Partner Vera Kanas and associate Adriana Akiko de Andrade
Advogados
BMW
Advogados