G/ADP/Q1/COL/10  
G/SCM/Q1/COL/10  
4 October  2021 
(21-7449) Page: 1/3 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  Original: English  
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES 18.5 AND 32.6 OF THE AGREEMENT S 
QUESTIONS POSED BY THE UNITED STATES   
REGARDING THE NOTIFICATION  OF COLOMBIA1 
The following communication dated  and received on 2 October  2021, is being circulated at the 
request of the delegation of the United States . 
 
_______________  
 
 
The United States thanks Colombia for its notification regarding its additional chapter on the 
application of anti -dumping duties on the Single Regulatory Decree for the Trade, Industry and 
Tourism Sector, and poses the following questions:  
Question 1  
Section I provides the definition of who qualifies as an interested party. One category is identified 
as "Colombian or foreign persons other than th ose indicated above, as determined by the 
investigating authority." Please clarify what criteria the investigating authority would use to 
determine if such persons would be treated as an interested party? For example, would purchasers 
be treated as interes ted parties?  
Question 2  
Section II, Article 2.2.3.7.2.9. describes the factors that the authority may consider as adjustments 
to normal value. This latest amendment removes the reference to adjusting normal value for "costs 
of packaging the product in question." Please clarify whether the costs of packaging will continue to 
be considered as an adjustment for normal value.  
Question 3  
Section III, Article 2.2.3.7.3.1. outlines provisions regarding significant state intervention and 
normal value.  
• Please ex plain whether the initial burden of proof is on the petitioner or the 
Investigating  Authority in determining whether a significant state intervention exists for the 
product from the exporting country.  
• Please clarify whether an Investigating Authority can d eclare significant state intervention 
to exist in an investigation conducted ex officio.  
• When in the investigation process will firms be made aware of the allegations of significant 
state intervention and how will the investigation authority alert interest ed parties of 
alternative normal value calculations?  
 
1 G/ADP/N/1/ COL/5 . G/ADP/Q 1/COL/10  • G/SCM/Q1/COL/10  
 
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  • Will significant state intervention allegations be considered on a country -wide basis or for 
particular products and markets?  
Question 4  
Section IV, Article 2.2.3.7.6.1. states, "the investigating author ity shall conduct a process to 
continuously monitor trends in trade flows to Colombia, in accordance with the regulations issued 
by the Foreign Trade Directorate, taking into account the import and export prices of products of 
interest on the Colombian mar ket. Should elements relevant to the initiation of an investigation be 
found, the authority shall proceed in accordance with the rules laid down in this Decree, by first 
conducting an investigation."  
• Please identify the regulations issued by the Foreign Tr ade Directorate regarding the 
monitoring of trade flows into Colombia that are referenced in Section IV, Article 2.2.3.7.6.1.  
• Please explain how Colombia determines which industries to monitor.  
• Please identify which industries Colombia is currently monitor ing. 
• Please clarify whether information collected by Colombia through monitoring of trade flows 
will be made publicly available.  
Question 5  
Section IV, Article 2.2.3.7.6.17. states, "within five days following the formulation of the 
recommendation by the C ommittee referred to in the preceding Article, the Foreign Trade Directorate 
shall adopt the appropriate decision in a reasoned resolution."  
• Please clarify whether the Foreign Trade Directorate can terminate a proceeding that the 
Trade Practices Committee recommends continuing.  
• Please clarify whether the Foreign Trade Directorate can continue a proceeding that the 
Trade Practices Committee recommends terminating.  
• Please describe the decision -making process within the Foreign Trade Directorate.  
Question 6  
Section XI describes procedures regarding the review of antidumping duties and price undertakings, 
but removes reference to what occurs if an investigation is conducted ex officio and interested parties 
do not accept the invitation to participate.  
• Please c onfirm that the Investigating Authority will terminate a sunset review proceeding if 
there is no participation by an interested party.  
• Please confirm that in a changed circumstance review initiated ex officio the definitive duty 
and any price undertakings shall be maintained unchanged if there is an absence of 
participants.  
Question 7  
Throughout the amended legislation timelines are shortened including time to evaluate an 
antidumping application, extensions for a preliminary determination, comment periods f or interested 
parties, and notification of intended verification visits.  
• Please explain why the Investigating Authority has shortened these investigatory timelines.  
  G/ADP/Q1/COL/10  • G/SCM/Q1/COL/10  
 
- 3 - 
 
  • The ability for the Investigating Authority to extend the period indicated for the preliminary 
determination was shortened from 20 days to 10 days. This short time frame could be 
problematic for complicated cases or where there is substantial record evidence. Please 
explain why this deadline specifically was altered.  
 
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