PERMANENT ANTI-DUMPING MEASURE FOR UP TO 5 YEARS ON IMPORTS OF RUTILE-TYPE TITANIUM DIOXIDE PIGMENTS FROM CHINA TO BRAZIL

Brazilian government has just instituted a definitive antidumping measure for up to 5 years on imports of rutile titanium dioxide from China. However, under the guise of protecting the national industry, in reality, Brazil’s Foreign Trade Secretary ends up protecting the interests of the world's largest chemical industry in titanium derivatives, which is based in the USA. The application and collection of antidumping measures by the Brazilian Federal Revenue Service is often done in violation of the law and the understanding of our Judiciary. If you are a Brazilian importer OR a Chinese exporter of rutile titanium dioxide pigments between China and Brazil, you may have a clear and certain right at risk and should protect yourself legally.  For more information and technical details, we are available to assist you.

On October 24, 2025, Resolution GECEX 802 established a DEFINITIVE antidumping measure on Brazilian imports of TITANIUM DIOXIDE PIGMENTS, of the RUTILE type, commonly classified under subheading 3206.11.10 of the Mercosur Common Nomenclature - NCM, originating from China, to be collected in the form of a specific rate fixed in US dollars per ton.

This antidumping investigation was opened on April 30, 2024, through SECEX Circular 15/2024 and originated from a complaint filed by Tronox Pigmentos do Brasil S.A. – an USA based company and the sole producer of the Brazilian equivalent, thus representing 100% of its national production.

On October 21, 2024, through GECEX Resolution 652, a PROVISIONAL antidumping measure was instituted on such operations for a period of up to 8 months, in the form of a specific rate, fixed in US dollars (US$) per ton.

After analysis and processing of the investigation, Brazilian Foreign Trade Secretary decided to apply a DEFINITIVE antidumping measure at a specific rate per ton.

It was drastically noticeable that the definitive measure imposed, in most cases, more than doubled compared to the provisional antidumping surcharge imposed in 2024.

In fact, the provisional surcharge varied between: US$ 577.73; US$ 654.42; US$ 1,420.83; and US$ 1,772.69. The definitive surcharges are varying between: US$ 1,148.72; US$ 1,159.18; US$ 1,223.92; and US$ 1,267.74. In other words, while the provisional surcharge had a floor of US$577.73, the definitive surcharge starts at US$1,148.72, a value practically double that practiced in 2024.

​It is important to emphasize that Brazilian Foreign Trade Secretary (BFTS) is the body responsible for initiating, conducting, and judging antidumping investigations, as well as for instituting or not provisional or definitive antidumping measures.

Institutionally speaking, it is a body whose function is the undeniable protection of national industry. This means that the institutional guidelines of this Secretariat do not imply impartiality in judgment; on the contrary, the body is indeed biased since its primary function is to safeguard domestic production.

However, it is inevitable to point out the highly questionable idiosyncrasy of the fact that the "national" industry – in this case – refers exclusively to a single company that, in truth, is a production cell of a US group belonging to TRONOX LLC, headquartered in Stamford, Connecticut.

In other words, the benefit that this company generates for Brazil, besides job creation, is ZERO, since its profit does not remain and is not (re)invested in the country, but rather benefits the US GDP!

That is, in the complete scenario, this measure does not benefit Brazil, but rather the US!

This is just another example of how the blind and literal application of rules and institutions aims at one objective and ends up achieving a completely opposite one! After all, under the argument of protecting the national industry, in truth, BFTS ends up protecting the interests of the largest chemical industry in titanium derivatives in the world – which is not Brazilian – and whose profits do not benefit the countries of its respective plants.

Indeed, the importers investigated in this process, in global and absolute numbers, represent much more Brazilian capital, generate far more jobs, and boost the national GDP much more than the petitioner TRONOX and its respective international group.

Furthermore, as if the biased judgment were not enough, the Brazilian Federal Revenue Service, through its Customs, not infrequently applies antidumping measures under an erroneous interpretation of the legal norm, imposing illegal and/or excessive charges on imports.

​In this case, it should be noted that the surcharge is a specific rate per ton and varies according to the Chinese exporter/manufacturer from whom the purchase is being made. The application of surcharges at different values ​​in legally similar operations – in itself – can (and should) be legally challenged if you are a Brazilian importer of this pigment OR a Chinese Export.

If your company is related to Brazilian imports of rutile-type titanium dioxide pigments, we advise you to seek specialized guidance that can analyze whether you may have unduly paid or will have to pay this antidumping measure – especially in cases of imports initiated up to October 23, 2025, but cleared in national territory from October 24, 2025 onwards. The Judiciary has systematically rejected the collection of antidumping measures in these circumstances!

And, if you’re a Chinese export company related to this matter that believes you are being unfairly harmed by this measure, we can advise you on how this anti-dumping measure, as currently conceived, does not comply with GATT rules. And, in this sense, there are solid legal basis to bring this matter to the attention of the Brazilian Justice.

We are experts in this area and have already assisted numerous companies that have been harmed by anti-dumping measures applied in violation of the law and in disagreement with the understanding of our Judiciary.​​