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- Brazil Brazilian authorities have investigated our Brazilian
- subsidiary and certain of our former employees, as well as a Brazilian
- importer of our products, and its affiliates and employees, relating
- to alleged evasion of import taxes and alleged improper transactions
- involving the subsidiary and the importer. Brazilian tax authorities
- have assessed claims against our Brazilian subsidiary based on a
- theory of joint liability with the Brazilian importer for import
- taxes, interest, and penalties. In addition to claims asserted by the
- Brazilian federal tax authorities in prior fiscal years, tax
- authorities from the Brazilian state of Sao Paulo have asserted
- similar claims on the same legal basis in prior fiscal years.
- The asserted claims by Brazilian federal tax authorities that remain
- are for calendar years 2003 through 2007, and the asserted claims by
- the tax authorities from the state of Sao Paulo are for calendar years
- 2005 through 2007. The total asserted claims by Brazilian state and
- federal tax authorities aggregate to $215 million for the alleged
- evasion of import and other taxes, $1.4 billion for interest, and $1.0
- billion for various penalties, all determined using an exchange rate
- as of January 26, 2019 . We have completed a thorough review of the
- matters and believe the asserted claims against our Brazilian
- subsidiary are without merit, and we are defending the claims
- vigorously. While we believe there is no legal basis for the alleged
- liability, due to the complexities and uncertainty surrounding the
- judicial process in Brazil and the nature of the claims asserting
- joint liability with the importer, we are unable to determine the
- likelihood of an unfavorable outcome against our Brazilian subsidiary
- and are unable to reasonably estimate a range of loss, if any. We do
- not expect a final judicial determination for several years.
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