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BRAZIL – MEASURES AFFECTING IMPORTS OF RETREADED TYRES
The WTO Panel found that Brazil's import ban on retreaded tyres (via Portaria SECEX 14/2004 and Portaria DECEX 8/1991) and its associated fines (Presidential Decree 3.179/3.919) are inconsistent with Article XI:1 of GATT 1994. The Panel also ruled that the State of Rio Grande do Sul's marketing restrictions (Law 12.114/12.381) violate Article III:4. While the Panel acknowledged that Brazil's policy of reducing waste tyre accumulation to protect human, animal, and plant health falls within the scope of Article XX(b), it concluded the measures were not justified because they were applied in a manner that constituted "unjustifiable discrimination" and a "disguised restriction on international trade," primarily due to the significant volume of used tyres imported via court injunctions to benefit domestic retreaders.
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Document type: Report