G/SCM/N/1/COL/2  
10 May 2022 
(22-3668) Page: 1/26 
Committee on Subsidies and  Countervailing Measures  Original:  Spanish  
 
  
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLE 32.6 OF THE AGREEMENT  
COLOMBIA  
The following communication, dated and received on 2 9 April 2 022, is being circulated at the request 
of the delegation of Colombia.  
 
_______________  
 
 
In accordance with Article 32.6 of the Agreement on Subsidies and Countervailing Measures, the 
Government of Colombia hereby submits  the text of Decree No. 653 of 2 7 April 2 022 " adding 
Chapter  9 on the application of countervailing duties  to Title 3 of Part 2 of Book 2 of Decree No. 1074 
of 2015 and introducing other provisions", published in Official Journal No. 52.018 of 2 7 April 2 022. 
MINISTRY OF TRADE, INDUSTRY AND TOURISM  
DECREE NO. 653 OF 2022  
27 AP RIL 2022  
"adding Chapter 9 on the a pplication of countervailing duties to Title 3 of Part 2 of Book 2 of 
Decree  No. 1074 of 2015 and introducing other provisions"  
THE PRESIDENT OF THE REPUBLIC OF COLOMBIA  
In exercise of his constitutional powers, in particular those conferred upon him by Article 189, 
paragraph 25 , of the Political Constitution, in conformity with Article 10 of Law No. 7 of 1991 and 
Law No. 170 of 1994, and  
WHEREAS  
Article 10 of Law No. 7 of 1991 instructs the National Government to regulate the protection of 
domestic production against unfair international trade practices and to establish requirements, 
procedures and factors for determining the imposition of charges or duties, as appropriate , with a 
view to preventing and counteracting such practices;  
Law No. 170 of 1 5 December 1 994 approves the Agreement establishing the World Trade 
Organization (WTO), signed in Marrakesh (Morocco) on 1 5 April 1 994, the multilateral agreements 
annexed theret o, and the Plurilateral Agreement on bovine meat annexed thereto, which was 
declared enforceable by the Constitutional Court through  Ruling C -137 of 2 8 March 1 995; 
The WTO Agreement on Subsidies and Countervailing Measures establishes  rules for the applica tion 
of countervailing duties, particularly  in respect of  the calculation of the amount of a subsidy, 
procedures for initiating and pursuing an investigation, including the establishment and treatment 
of the facts, the imposition of provisional measures, t he imposition and collection of countervailing 
duties, the duration and review of countervailing measures, and the disclosure of information relating 
to investigations;  G/SCM/N/1/COL/2  
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  The National Government issued Decree No. 299 of 1 0 February 1 995 " regulating the appli cation of 
anti-dumping and countervailing duties " on the basis of the provisions of Article 10 of Law No. 7 
of 1991, with a view to  regulating requirements, procedures and factors for determining the 
application of countervailing duties;  
Decree No. 299 of 1995 regulated the application of countervailing duties, as well as the procedure 
for the application of anti -dumping duties, the latter being that most frequently used, which has 
enabled it to be updated on four occasions at the national level, thanks to the experience s of the 
investigating authority and developments  at the WTO . The subsidy mechanism, however, is the 
mechanism least used at the international level  - in Colombia,  for instance, an investigation of this 
type was conducted for the first tim e only in 2019;  
In view of the foregoing, and given the length of time that the rules on subsidies and countervailing 
duties have been in existence, it is necessary  to update  them and to include procedural provisions 
from the Agreement on Subsidies and Cou ntervailing Measures rela ting to stages and terms  in 
respect of  the holding of hearings of interested parties, the examination of evidence, verification 
visits, concluding arguments, statements of intent (price undertakings), the communication of 
essential  facts for the final determination, and references  to the current names of the Ministry and 
its agencies acting as the investigating and decision -making authority for the implementation of the 
measures;  
The regulatory framework must be brought into line wi th changes in international  trade in respect 
of the applicable procedure, in the light of technical and legislative progress in this field, as well as 
the use of information and communications technolog y, especially the development and use of 
electronic processing through the web application or a similar mechanism , as provided for in the 
WTO Agreement on Subsidies and Countervailing Measures, for the purpose of counteracting injury 
to domestic production caused by subsidies, by imposing countervailing duties;  
In the interest of streamlining and simplifying legislation, it is appropriate to include in 
Decree  No. 1074 of 2015, Single Regulatory Decree for the Trade, Industry and Tourism Sector, 
rules of a re gulatory nature governing the trade, industry and tourism sector, issued on the basis of 
Article 189 , paragraph 25, of the Political Constitution, which are intended to be permanent and 
which regulate procedural matters ; and 
The content of this Decree was published for public comment from 1 9 November  until 
3 December  2021 on the website of the Ministry of Trade, Industry and Tourism, pursuant to 
Article  8, paragraph 8, of Law No. 1437 of 2011 (Code of Administrative Procedure and 
Administrative Disputes ) and Article 2.1.2.1.14 of Decree No. 1081 of 2015, Single Regulatory 
Decree of the Office of the President of the Republic;  
In light of the above,  
HEREBY DECREES:  
Article 1 . Chapter 9 is hereby  added to Title 3 of Part 2 of Book 2 of Decree No. 1074 of 2015,  
Single Regulatory Decree for the Trade, Industry and Tourism Sector, and reads as follows:  
"CHAP TER 9  
APPLICATION OF COUNTERVAILING DUTIES  
SECT ION 1  
GENERAL PROVISIONS  
Article 2.2.3.9.1.1 . Definitions . For the purposes of this chapter, and in accordance with the 
provisions of the WTO Agreement on Subsidies and Countervailing Measures, the following 
definitions apply:  
1. AGREEMENT ON SUBSIDIES : The Agreement on Subsidies and Countervailing Measures, 
which forms part of the multilateral trade agr eements contained in the Final Act of the Uruguay 
Round that were approved by the National Congress through Law No. 170 of 1994.  G/SCM/N/1/COL/2  
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  2. THREAT OF INJURY : The risk of material injury to a domestic industry, as set forth in 
Article  15.7 and other relevant provis ions of the WTO Agreement on Subsidies and 
Countervailing Measures.  
3. INVESTIGATING AUTHORITY : The Foreign Trade Directorate of the Ministry of Trade, 
Industry and Tourism, through the Trade Practices Su bdirectorate.  
4. INJURY : Unless otherwise specified, material injury to a domestic industry, threat of material 
injury to a domestic industry or material retardation of the establishment of an industry, as 
set forth in Article 15 and other relevant provisions of the WTO Agreement on Subsidies and 
Countervailing Measures.  
5. COUNTERVAILING DUTIES : A measure in the form of an additional customs duty on 
imports, which restores the conditions of competition distorted by a subsidy, in accordance 
with the procedure set out below.  
6. BEST INFORMATION AVAILABLE : Available facts  on the basis of which preliminary or final 
determinations, affirmative or negative, may be made in cases in which an interested party 
refuses access to, or otherwise does not provide, necessary information within a re asonable 
period or significantly impedes the investigation.  
7. COUNTRY OF ORIGIN : Country or territory, whether or not a WTO Member, in which the 
subsidized goods originate.  
8. RELATED PARTIES : One shall be deemed to control another when the former is lega lly or 
operationally in a position to exercise restraint or direction over the latter, in the following 
situations:  
1. One of them directly or indirectly controls the other;  
2. Both of them are directly or indirectly controlled by a third person ; or 
3. Both of them directly or indirectly control a third person, provided that there are grounds 
for believing that the effect of the relationship is such as to cause the producer 
concerned to behave differently from non -related producers.  
For the purposes of this  definition, "control" shall mean the subjection of the decision -making 
power of a company to the will of one or more other persons, by having, inter alia : 
1. Over 50 % of its capital either directly or together with its subsidiaries, or with the 
subsidiari es of those subsidiaries ; 
2. Minimum decision -making majority at the partners' meeting or assembly;  
3. Power under the enterprise's articles of association or an agreement;  
4. When the parent company, directly or through or together with its subsidiaries, by 
reason of an act or business with the controlled company or its partners, exercises a 
dominant influence over the decisions of the company's management bodies;  
5. Power to appoint or remove the majority of members of the board of directors or 
equivalent  governing body ; or 
6. Power to cast the majority of votes at meetings of the board of directors or equivalent 
governing body.  
9. INTERESTED PARTIES : The following shall be considered interested parties:  
1. The applicant.  
2. An exporter, foreign producer or importer of the product under consideration, or a trade 
or business association a majority of the members of which are producers, exporters or 
importers of the product . 
3. The government of the country of origin.  
4. Domestic producers of the li ke product to the product under investigation or trade or 
business associations a majority of the members of which produce the said product in 
the national territory.  
5. Colombian or foreign persons other than those indicated above, as determined by the 
investigating authority.  G/SCM/N/1/COL/2  
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  10. EXPORT PRICE : Export price means the price actually paid or payable for the product sold 
for export to Colombia.  
11. LIKE PRODUCT : "Like product" means a product which is identical, i.e. alike in all respects 
to the product under  consideration, or in the absence of such a product, another product 
which, although not alike in all respects, has characteristics closely resembling those of the 
product under consideration . For these purposes, the physical and chemical characteristics, 
the details of the raw materials used, the manufacturing or production process, channels of 
distribution, tariff classification, end uses and consumer preferences, inter alia , may be taken 
into consideration.  
12. MATERIAL RETARDATION : This concept refers t o cases in which the product under 
investigation is not yet being produced, as well as to those cases in which, although some 
production has occurred, it has not attained a level sufficient to permit the examination of the 
other two types of injury.  
Article 2.2.3.9.1.2 . Scope of application . This Decree establishes the provisions applicable to 
investigations concerning imports of subsidized products originating in WTO Members, whe re they 
cause or threaten to cause material injury to the domestic indus try or cause material retardation of 
the establishment or expansion of this domestic industry.  
This regulatory framework shall also apply to imports from non -WTO Members with which Colombia 
has existing international trade agreements or treaties and to imports of products from countries 
with which Colombia has no international commitments regarding the application of countervailing 
duties.  
Article 2.2.3.9.1.3 . Grounds for decisions . Countervailing duties shall only be applied following 
investigations ini tiated and conducted in accordance with the provisions laid down herein . This 
Decree shall be applied and interpreted in accordance with the provisions of the WTO Agreement on 
Subsidies and Countervailing Measures and the WTO Agreement on Agriculture.  
The decisions referred to in this Decree shall take into account international trade agreements , where 
applicable . Panel and Appellate Body reports adopted by the WTO Dispute Settlement Body may be 
considered in the course of  investigations.  
Article 2.2.3.9.1. 4. General interest . The countervailing duty investigation and the imposition of 
countervailing duties are in the public interest and seek to prevent and remedy the possible causes 
of material injury, threat of material injury or material retardation of th e establishment of a domestic 
industry, provided that there is a link to subsidized imports, and generally apply for any importer of 
products to which such duties apply.  
SECT ION 2  
DETERMINATION OF THE EXISTENCE OF SUBSIDIES  
Article 2.2.3.9.2.1 . Concept . A subsidy is deemed to exist where a benefit is conferred : (i) by 
means of a financial contribution by the government, any public body within the territory of the 
country of origin regardless of its provenance or a private body entrusted or directed by the 
government to make such a contribution ; or (ii) through some form of income or price support within 
the meaning of Article XVI of the General Agreement on Tariffs and Trade (GATT) 1994.  
For the purposes of this Article, a financial contribution by a governm ent or public body shall be 
deemed to exist where:  
1. The practice of a  government or public body involves a direct transfer of funds, potential direct 
transfers of funds or liabilities;  
2. Government revenue that is otherwise due is foregone or not collec ted. In this respect, the 
exemption of an exported product from duties or taxes borne by the like product when 
destined for domestic consumption, or the remission of such duties or taxes in amounts not 
in excess of those which have accrued, shall not be de emed to be a subsidy;  
3. The government or public body provides goods or services other than general infrastructure, 
or purchases goods ; or G/SCM/N/1/COL/2  
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  4. The government or public body makes payments to a funding system, or entrusts a private 
body to carry out one or more of the type of functions illustrated in the paragraphs above, 
which would normally be vested in the government or public body, and the practice, in no real 
sense, differs from practices normally followed by governments or public bodies.  
Article 2.2 .3.9.2.2 . Specificity . Subsidies shall only be subject to countervailing measures where 
they are specific to a n enterprise or  domestic industry or group of enterprise s or domestic industries 
referred to in this Decree as "certain enterprises".  
All prohibit ed subsidies shall be deemed specific.  
Article 2.2.3.9.2.3 . Criteria for determining specificity . In order to determine whether a 
subsidy is specific to certain enterprises within the jurisdiction of the granting authority, the following 
criteria shall app ly: 
1. Where a government or a public or semi -public body, or the legislation pursuant to which the 
granting authority operates, explicitly limits access to a subsidy to certain enterprises, such a 
subsidy shall be specific.  
2. Where a government or a publ ic or semi -public body, or the legislation pursuant to which the 
granting authority operates, establishes objective criteria or conditions governing the eligibility 
for, and the amount of, a subsidy, specificity shall not exist, provided that the eligibili ty is 
automatic and that such criteria and conditions are strictly adhered to.  
The criteria or conditions must be clearly spelled out in a law, regulation, or other official 
document, so as to be capable of verification . For the purpose s of this Article, o bjective criteria 
or conditions shall mean criteria or conditions which are neutral, which do not favour certain 
enterprises or groups of enterprises over others, and which are economic in nature and 
horizontal in application, such as number of employees o r size of enterprise.  
3. Where, notwithstanding the application of the criteria set forth in paragraphs 1 and 2 of this 
Article, there is reason to believe a subsidy is specific, other factors may be considered . Such 
factors are : use of a subsidy programme by a limited number of certain enterprises, 
predominant use of a subsidy programme by certain enterprises, the granting of 
disproportionately large amounts of subsidy to certain enterprises, and the manner in which 
discretion has been exercised b y the granting authority in the decision to grant a subsidy . In 
this regard, in particular, information on the frequency with which applications for a subsidy 
are refused or approved and the reasons for such decisions shall  be considered.  
Paragraph . In app lying the criterion established in paragraph 3 of this Article, account shall be 
taken of the extent of diversification of economic activities within the jurisdiction of the government 
or public or semi -public body, or the legislation, as well as of the le ngth of time during which the 
subsidy programme has been in operation.  
Article 2.2.3.9.2.4 . Specific subsidies . A subsidy which is limited to certain enterprises located 
within a designated geographical region within the territory of the granting authority  shall be specific . 
The setting or change of generally applicable tax rates by the public authorities entitled to do so 
shall not be deemed to be a specific subsidy for the purposes of this Decree.  
Article 2.2.3.9.2.5 . Evidence . Any determination of specificity under the provisions of this Section 
shall be clearly substantiated on the basis of positive evidence.  
Article 2.2.3.9.2.6 . Classification of subsidies . For the purposes of this Decree and as provided 
for in the WTO Agreemen t on Subsidies and Countervailing Measures, subsidies are classified as 
prohibited and actionable ; 
1. The following subsidies are prohibited:  
1.1 Subsidies contingent, in law or in fact, whether solely or as one of several other 
conditions, upon export per formance, including those illustrated in Annex  I of the 
Agreement on Subsidies;  
1.2 Subsidies contingent, whether solely or as one of several other conditions, upon the use 
of domestic over imported goods.  G/SCM/N/1/COL/2  
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  Countervailing measures and actions in response to prohibited subsidies shall be governed by the 
WTO Agreement on Subsidies and Countervailing Measures and the provisions of this Decree.  
2. Actionable subsidies are those that cause adverse effects to the interests of Colombia, 
i.e.: 
2.1 They ca use injury to the domestic industry . This term shall be interpreted in accordance 
with Article 15 of the Agreement on Subsidies and Countervailing Measures;  
2.2 Nullification or impairment of benefits accruing directly or indirectly under GATT  1994, 
in par ticular the benefits of concessions bound under Article  II of GATT  1994;  
2.3 Serious prejudice to the interests of the country, in accordance with the provisions of 
Article 6 of the WTO Agreement on Subsidies and Countervailing Measures.  
The provisions of paragraph 2 do not apply to subsidies maintained on agricultural products that are 
subject to the conditions provided for in Article 13 of the WTO Agreement on Agriculture . 
Countervailing measures and actions in response to actionable subsidies shall be go verned by the 
Agreement on Subsidies and Countervailing Measures and the provisions of this Decree.  
SECT ION 3  
DETERMINATION OF THE AMOUNT OF SUBSIDY  
Article 2.2.3.9.3.1 . Calculation of the amount of a subsidy in terms of the benefit to the 
recipient . The amount of the countervailable subsidy, for the purposes of this Decree, shall be 
calculated in terms of the benefit conferred on the recipient which is found to exist during the 
investigation period for subsidization . This period shall be the beneficiary's most recent accounting 
period , comprising at least six months, prior to the filing of the application for an investigation, for 
which reliable financial or other relevant data are available.  
Article 2.2.3.9.3.2 . Calculation of the benefit to the recipient . For the calculation of the benefit 
to the recipient of a subsidy, the following rules shall apply:  
1. The provision of equity capital by a government or public body shall not be considered as 
conferring a benefit, unless the investment decision can be regarded as inconsistent with the 
usual investment practice (including for the provision of risk capital) of private investors in 
the territory of the country of origin;  
2. A loan by a government or public body shall not be considered as conferring a benef it, unless 
there is a difference between the amount that the firm receiving the loan pays on the 
government loan and the amount the firm would pay on a comparable commercial loan which 
the firm could actually obtain on the market . In this case the benefit shall be the difference 
between the two amounts ; 
3. A loan guarantee by a government or public body shall not be considered as conferring a 
benefit, unless there is a difference between the amount that the firm receiving the guarantee 
pays on a loan guaran teed by the government or public body and the amount that the firm 
would pay for a comparable commercial loan in the absence of the guarantee of the 
government or public body . In this case the benefit shall be the difference between these 
two amounts, adju sted for any differences in fees;  
4. The provision of goods or services or purchase of goods by a government or public body shall 
not be considered as conferring a benefit unless the provision is made for less than adequate 
remuneration, or the purchase is  made for more than adequate remuneration . The adequacy 
of remuneration shall be determined in relation to prevailing market conditions for the good 
or service in question in the country of provision or purchase (including price, quality, 
availability, mar ketability, transportation and other conditions of purchase or sale).  
Article 2.2.3.9.3.3 . Deductions from the subsidy amount . The amount of the countervailable 
subsidy shall be determined per unit or measure of the exported subsidized product.  
When establishing the amount of the subsidy, the following may be deducted from the total subsidy : 
any cost necessarily incurred in order to qualify for, or to obtain, the subsidy ; or any tax, duty or 
other charge levied on the export, specifically intended to offset the subsidy.  
Where an interested party claims a deduction, it is required to  prove that the claim is justified.  G/SCM/N/1/COL/2  
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  Article 2.2.3.9.3.4 . Calculation of the amount of a subsidy where the subsidy is not granted 
by reference to the quantities produced, sol d or exported . Where the subsidy is not granted 
by reference to the quantities manufactured, produced, exported or transported, the amount of the 
subsidy shall be calculated by allocating the value of the total subsidy, as appropriate, over the level 
of production, sales or exports of the products concerned during the investigation period.  
Article 2.2.3.9.3.5 . Calculation of the amount of a subsidy where the subsidy can be linked 
to the acquisition or future acquisition of fixed assets . Where the subsidy can be linked to the 
acquisition or future acquisition of fixed assets, the amount of the countervailable subsidy shall be 
calculated by spreading the subsidy across a period which reflects the normal depreciation of such 
assets in the industry con cerned . The amount so calculated which is attributable to the investigation 
period, including that which derives from fixed assets acquired before that period, shall be calculated 
as described in Article 2.2.3.9.3.4. of this Decree.  
Article 2.2.3.9.3.6 . Calculation of the amount of a subsidy in the absence of a link to fixed 
assets . Where a subsidy cannot be linked to the acquisition of fixed assets, the amount of the 
benefit received during the investigation period shall , in principle , be attributed to thi s period, and 
allocated as described in Article 2.2.3.9.3.4 of this Decree, unless special circumstances arise 
justifying attribution over a different period.  
SECTION 4  
DETERMINATION OF THE EXISTENCE OF MATERIAL INJURY, A THREAT OF  
MATERIAL INJURY AND RETA RDATION TO THE DOMESTIC INDUSTRY  
Article 2.2.3.9.4.1. Examination of injury and the causal relationship between subsidized 
imports and injury. A determination of injury shall be based on an objective examination of the 
volume of subsidized imports, the eff ect of these imports on the prices of like products in the market 
under investigation and the effects of those imports on the domestic industry concerned.  
1. With regard to the volume of the subsidized imports, consideration shall be given to whether 
there has been a significant increase in the subsidized imports, either in absolute terms or 
relative to domestic production or consumption. The volume of subsidized imports of the 
product concerned shall normally be regarded as negligible if the v olume of subsidized imports 
originating in a particular country accounts for less than 3 % of the total imports of the like 
product in Colombia, unless countries which individually account for less than 3 % of imports 
of the like product in Colombia collecti vely account for more than 7 % of such imports.  
2. With regard to the effect of subsidized imports on prices, consideration shall be given to 
whether there has been a significant price undercutting as compared with the price of a 
domestically produced like product, or whether the effect of such imports is to depress prices 
to a significant degree or, equally, to prevent a price increase that would have occurred had 
there been no such imports.  
3. The examination of the impact of subsidized imports on the dome stic industry concerned shall 
include an assessment of the relevant economic factors and indices having a bearing on the 
state of the industry and, if applicable, on the development of the industry using the product, 
including actual and potential decline in sales, profits, output, market share, productivity, 
return on investments, or utilization of productive capacity; factors affecting domestic prices; 
actual and potential negative effects on cash flow, inventories, employment, wages, growth, 
and ability to raise capital or investments. This list is not considered to be exhaustive, nor can 
one or several of these factors necessarily give decisive guidance.  
4. In order to determine whether there is a causal relationship between the subsidized imports 
and th e injury to the domestic industry concerned, any known factors other than the 
subsidized imports, which at the same time are injuring or could injure the domestic industry, 
shall be examined, and injury caused by such other factors shall not be attributed to the 
subsidized imports. The relevant factors in this respect include, inter alia , the volumes and 
prices of non -subsidized imports of the product in question, contraction in demand or changes 
in patterns of consumption, competition between foreign and d omestic producers, 
developments in technology, export performance and productivity of the domestic industry 
concerned.  G/SCM/N/1/COL/2  
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  5. The effect of the subsidized imports shall be assessed in relation to the domestic production 
of the like product when available data permit the separate identification of that production 
on the basis of such criteria as the production process, producers' sales and profits. If such 
separate identification of that production is not possible, the effects of the subsidized imports 
shall be assessed by the examination of the production of the narrowest group or range of 
products, which includes the like product, for which the necessary information can be 
provided.  
Paragraph. The absence of negative trends or the presence of positive trends, i n one or more of 
the factors considered in this Article, shall not constitute a decisive criterion of the existence of 
material injury and a causal relationship between the subsidized imports and that material injury.  
Article 2.2.3.9.4.2. Determination of the existence of a threat of injury. A determination of 
a threat of material injury shall be based on facts and not merely on allegation, conjecture or remote 
possibility. The change in circumstances that would create a situation in which the subsidy would  
cause injury must be clearly foreseen and imminent. In making a determination regarding the 
existence of a threat of material injury, the following factors shall be considered, inter alia , in addition 
to the provisions of Article 2.2.3.9.4.1. of this Decr ee: 
1. A significant rate of increase of subsidized imports into the market under investigation 
indicating the likelihood of substantially increased importations in the immediate future;  
2. The nature of the subsidy in question and its probable effects on trade;  
3. Sufficient freely disposable, or an imminent substantial increase in, the exporter's installed 
capacity, which indicates the likelihood of substantially increased subsidized exports to 
Colombia, taking into consideration the availability of other  export markets able to absorb the 
possible increase in exports;  
4. The fact that the imports are entering at prices that are likely to have a significant impact on 
the domestic prices of domestic producers, depressing prices or preventing a price increase  
that would have occurred had there been no such imports, and which would likely increase 
demand for further imports; and  
5. Inventories of the product being investigated in the country of export.  
Paragraph. No one of these factors by itself can necessarily give decisive guidance, but the totality 
of the factors considered must lead to the conclusion that further subsidized exports are imminent 
and that, unless protective action is taken, material injury will occur.  
Article 2.2.3.9.4.3. Determinat ion of material retardation of the establishment of a 
domestic industry. A determination of material retardation of the establishment of a domestic 
industry shall be based on evaluation of the potential of the domestic industry at the time when the 
alleged ly subsidized imports commenced or were imminent, in order to establish whether or not 
such imports had an adverse effect on the probable development of this potential. For this purpose, 
the following factors, inter alia , shall be taken into account, where  appropriate:  
1. Feasibility studies;  
2. The appropriate and sufficient supply of the market, taking into account the volume of 
subsidized imports, the volume of other imports and the actual and potential output of the 
project;  
3. The volume of domestic pr oduction compared to the size of the domestic market;  
4. Negotiated loans or contracts for procurement of machinery and immovable property relating 
to new investment projects or the expansion of existing plants or proof of the retardation of a 
planned proj ect; 
5. Any other relevant factor.  
Article 2.2.3.9.4.4. Cumulative assessment of injury or threat of injury . Where imports of a 
product from more than one country are simultaneously subject to countervailing investigations, the 
investigating authority may cumulatively assess the effects of such imports only if it determines that 
the amount of subsidization established in relation to the imports from each country of origin is more 
than the de minimis  margin established in Article 2.2.3.9.6.21.  of this Decree , and the volume of 
imports from each country is significant in accordance with the provisions of Article 2.2.3.9.4.1.  of 
this Decree.  G/SCM/N/1/COL/2  
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  Article 2.2.3.9.4.5. Period for examination of injury. Unless the investigating authority 
determines otherwise, the factors mentioned in Article 2.2.3.9.4.1. of this Decree shall be examined 
with reference to a period comprising the three years preceding the submission of the application 
for an investigation and the current year.  
With regard to threat of injury, the exa mination period shall be that indicated in the preceding 
paragraph, unless the investigating authority specifies another period.  
In order to assess the injury, the information shall be submitted in detail, preferably broken down 
into half -yearly periods.  
SECTION 5  
DOMESTIC INDUSTRY  
Article 2.2.3.9.5.1. Concept. For the purposes of this Decree, the term "domestic industry" shall 
be interpreted as referring to the domestic producers as a whole of the like products or to those of 
them whose collective output o f the products constitutes a major proportion of the total domestic 
production of those products.  
For the purposes of initiating an investigation, an application shall be considered to have been made 
by or on behalf of the domestic industry if it is suppor ted by domestic producers or associations of 
domestic producers of the like product whose collective output constitutes more than 50 % of the 
total production of the like product produced by the portion of the domestic industry expressing 
either support for  or opposition to the application.  
In the course of the investigation, if some producers are related, in conformity with the concept of 
relationship indicated in this Decree, to the exporters or importers of the allegedly subsidized product 
in the country or countries where the application is made and the subsequent investigation 
conducted or are themselves importers of the product under consideration, the term "domestic 
industry" may be interpreted as referring to the remaining producers.  
In the case of fr agmented industries involving an exceptionally large number of producers, the 
investigating authority may determine a percentage of support and opposition other than that 
mentioned by using statistically valid sampling techniques.  
Paragraph. In exceptional  circumstances, the national territory may, for the production in question, 
be divided into two or more competing markets and the producers within each market may be 
regarded as a separate industry if the producers within such market sell all or almost all  of their 
production of the product in question in that market, and the demand in that market is not to any 
substantial degree supplied by producers of the product in question located elsewhere in the 
territory.  
If the national territory has been divided i nto two or more competing markets and producers are 
considered to be a separate industry because demand in that market is not supplied to any 
substantial degree, injury may be found to exist, even where a major portion of the total domestic 
industry has no t suffered injury, provided there is a concentration of dumped imports into such an 
isolated market and provided further that the dumped imports are causing injury to the producers 
of all or almost all of the domestic production within such market.  
SECTION  6 
INVESTIGATION PROCEDURE  
Article 2.2.3.9.6.1. Initiation of the procedure . An investigation to determine the existence, 
degree and effect of any alleged subsidy shall be initiated by the Foreign Trade Directorate of the 
Ministry of Trade, Industry and Tourism through the Trade Practices Subdirectorate upon a written 
application by o r on behalf of the domestic industry, when it considers itself to be injured by imports 
of subsidized like products, made within the 12 months before the application, and never less than 
six months.  G/SCM/N/1/COL/2  
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  In exceptional circumstances, the Foreign Trade Directora te, through the Trade Practices 
Subdirectorate, may undertake an investigation on its own initiative if there is sufficient evidence of 
the existence of subsidization and injury, a threat of injury or material retardation caused by 
subsidized imports.  
The information concerning injury needed to proceed with the investigation must be provided by the 
affected or interested domestic producers, in accordance with the requirements of the investigating 
authority.  
Article 2.2.3.9.6.2. Application by or on behalf o f the domestic industry. The question of 
whether an application has been made by or on behalf of the domestic industry shall be considered 
on the basis of the degree of support among domestic producers of the like product to the imported 
product allegedly subsidized. The foregoing shall be without prejudice to the provisions of 
Article  2.2.3.9.5.1. of this Decree.  
Article 2.2.3.9.6.3. Requirements and submission of the application. The application 
mentioned shall include evidence of subsidization, injury an d the causal relationship between the 
allegedly subsidized imports and the alleged injury that is reasonably available to the applicant.  
The applicant shall indicate whether there is material injury or a threat of material injury to the 
domestic industry. Simple assertion, unsubstantiated by relevant evidence, shall not be considered 
an application for the purposes of this Decree.  
Likewise, the application shall be drawn up in accordance with the requirements laid down in the 
manual provided by the Trade Pr actices Subdirectorate, using the forms and attaching the 
information and evidence required therein.  
This documentation shall be submitted to and filed through the web application of the Ministry of 
Trade, Industry and Tourism or a similar mechanism, faili ng which the documentation shall be 
disregarded.  
In addition to the above, the application shall contain such information as is reasonably available to 
the applicant on the following:  
1. The identity of the applicant. The name or trade name and proof that it represents the 
domestic industry. For this purpose, the applicant shall provide the certificate from the 
National Producers' Register issued by the group in charge of the Register of Producers of 
Domestic Goods at the Ministry of Trade, Industry and Tou rism or its representatives, or any 
other type of document that reliably proves such status and the applicant's percentage of the 
volume of total production.  
Where an application is made on behalf of the domestic industry or by any form of domestic 
producer association, it shall identify the domestic industry on behalf of which it is made by 
means of a list of all known domestic producers or associations of producers of the like product 
and shall provide a description of the volume and value of domes tic production of the like 
product accounted for by such producers.  
2. Description of the like domestic product in respect of the allegedly subsidized product under 
consideration.  
3. Description of the allegedly subsidized product under consideration, indi cating its commonly 
used tariff heading.  
4. Countries of origin and of export.  
5. The names and legal addresses of the importers, exporters and foreign producers, if known.  
6. Evidence to presume the existence of the subsidy.  
7. Information on the evolutio n of the volume of the allegedly subsidized imports, the effect of 
these imports on prices of the like product in the domestic market and the consequent impact 
of the imports on the domestic industry, as demonstrated by relevant factors and indices 
having a bearing on the state of the domestic industry.  
8. An offer to submit the corresponding documents to the authorities for verification of the 
information supplied, and to authorize visits for verification purposes.  
9. Elements for determining the causal re lationship between the subsidy practice and material 
injury.  
10. The evidence it is intended to adduce.  G/SCM/N/1/COL/2  
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  11. Identification of the confidential documentation, justification of its confidentiality and a 
non-confidential summary or version thereof, together w ith a justification where it cannot be 
summarized.  
12. Power of attorney when acting through an agent.  
Paragraph 1. The application shall be accompanied by two copies, one to be placed in the public 
electronic file and the other in the confidential file. Likewise, all information shall be submitted in 
Spanish or, failing that, the respective official translation shall be attached.  
Paragraph 2. The application referred to in this Article, as well as the completed forms and the 
evidence an d information required therein, shall be submitted through the web application or a 
similar mechanism, in accordance with the guidelines drawn up by the investigating authority for 
this purpose, failing which the application shall be disregarded.  
Article 2 .2.3.9.6.4. Evaluation of the grounds for the application in order to decide whether 
to initiate an investigation. The investigating authority shall have a period of 15 days as from the 
day following the expiry of the 15 -day maximum period for consultation s provided for in 
Article  2.2.3.9.6.7. of this Decree to evaluate the accuracy and adequacy of the information and 
evidence provided to determine whether there is sufficient evidence to justify the opening of an 
investigation. If the investigating authorit y finds it necessary to request missing information for the 
purpose of the evaluation, it shall ask the applicant to provide it.  
This request shall interrupt the period established in the first paragraph, which shall start anew when 
the applicant supplies the information requested.  
If, after 20 days following the request for missing information, such information has not been 
supplied in full, the applicant shall be considered to have withdrawn the application and the 
information supplied shall be returned t o the applicant.  
The investigating authority shall find grounds for initiating a subsidy investigation, provided that it:  
1. Confirms, by verifying the degree of support for, or opposition to, the application, that it has 
been made by or on behalf of the d omestic industry. For these purposes, the investigating 
authority may send notifications to the known domestic producers or associations, which, 
within five days from the day following the date of dispatch of the notification, shall express 
in writing thei r support for, or opposition to, the application. Where the petitioning domestic 
industry represents over 50 % of total domestic production, this requirement shall be deemed 
to be fulfilled.  
If no reply is received within the specified period, this shall in dicate that there has been no 
expression of interest on the part of the domestic producer or association concerned.  
2. Determines the existence of sufficient evidence of subsidization, injury and a causal 
relationship between the two.  
Paragraph. For the pu rposes of establishing the accuracy and adequacy of the evidence supplied 
by the applicant in order to determine whether there is sufficient evidence to justify the initiation of 
an investigation, the investigating authority may, either ex officio  or at th e request of a party, extend 
the period specified in the first paragraph of this Article, once only, for up to five additional days.  
Article 2.2.3.9.6.5. Confidentiality of the application for an investigation. The investigating 
authority shall avoid any p ublicizing of the submission of an application for an investigation before 
a decision to initiate an investigation has been made. However, in the period between the filing of 
an application and the initiation of an investigation, it shall notify the govern ment of the exporting 
country or countries concerned that an application has been submitted.  
Article 2.2.3.9.6.6. Initiation of the investigation. If, in evaluating the application, it is found 
that there are grounds for initiating an investigation, a reas oned resolution of the Foreign Trade 
Directorate to that effect shall be published in the Official Journal. Likewise, if the Directorate finds 
no grounds for opening an investigation, it shall adopt a reasoned resolution to that effect within the 
same time -limits.  G/SCM/N/1/COL/2  
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  Article 2.2.3.9.6.7. Consultations. Without prejudice to the remedies provided for in Articles 4 
and 7 of the WTO Agreement on Subsidies and Countervailing Measures, within five days following 
the filing of the application for investigation submit ted in accordance with Article 2.2.3.9.6.3. of this 
Decree, the government of the country or countries the products of which are the subject of the 
investigation shall be given the opportunity to hold consultations with the aim of clarifying the 
situation related to the application and reaching a mutually agreed solution. The consultations shall 
be held by the Ministry of Trade, Industry and Tourism within a maximum period of 15 days from 
the date of receipt of the invitation. If, as a result of the consult ations provided for in the previous 
paragraph, a mutually agreed solution is reached, the Ministry of Trade, Industry and Tourism shall 
refrain from initiating an investigation.  
Furthermore, throughout the period of investigation, the government of the cou ntry or countries the 
products of which are the subject of the investigation shall be afforded the opportunity, until a final 
determination is made, to continue consultations, with a view to clarifying the factual situation and 
reaching a mutually agreed s olution.  
Without prejudice to the obligation to afford reasonable opportunity for consultation, these 
provisions regarding consultations are not intended to interrupt the period of investigation or to 
prevent the competent authorities from proceeding exped itiously with regard to initiating the 
investigation, reaching preliminary or final determinations, whether affirmative or negative, or from 
applying provisional or final measures, in accordance with the provisions of this Decree.  
For the purposes of the c onsultations, the Ministry of Trade, Industry and Tourism shall permit, upon 
request, the authorities of the country or countries the products of which are the subject of 
investigation access to non -confidential evidence, including the public summary of co nfidential data 
being used for initiating or conducting the investigation.  
Article 2.2.3.9.6.8. Dispatch and receipt of questionnaires. Within the five days following the 
publication of the resolution ordering the initiation of the investigation, the investigating authority 
shall inform known importers, exporters or foreign producers, and the diplomatic or consular 
representatives of the country of origin and of export, of the initiation of the investigation and 
indicate where the qu estionnaires designed for the purpose of requiring information on the case may 
be consulted. Furthermore, all interested parties shall be convened within the same period by a 
notice published in the Official Journal so that they may express their duly subs tantiated position 
and present or request the evidence they consider relevant, within the time frame for replying to 
questionnaires.  
The aforementioned interested parties shall return the questionnaires, duly completed, accompanied 
by supporting documents and evidence, and a list of the evidence they wish to have examined in 
the investigation within 30 days following the date of the notification provided for in the preceding 
paragraph. This period may be extended by up to five additional days in the event o f a duly justified 
request by the interested parties.  
This extension applies to all those that have responded to the notification.  
Replies sent by interested parties shall be submitted, in full, in Spanish or, failing that, shall be 
accompanied by an offic ial translation. The replies shall be accompanied by two copies, one to be 
placed in the public electronic file and the other in the confidential file. These requirements shall 
apply to all the documents intended to demonstrate the claims made by each part y interested by 
the investigation, failing which, the documents shall not be taken into account. Submissions, 
documents or evidence received in a language other than Spanish, with no official translation 
provided, shall be disregarded.  
Article 2.2.3.9.6.9.  Notice of the application to foreign producers, exporters and 
authorities in the exporting country. Within five days following the date of publication of the 
resolution initiating the investigation, the investigating authority shall provide the text of th e 
application to the foreign producers, exporters and authorities of the exporting country, and to other 
interested parties that so request, subject to the requirement to protect confidential information.  G/SCM/N/1/COL/2  
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  Article 2.2.3.9.6.10. Preliminary determination. Within a period of 60 calendar days following 
the date of publication of the resolution initiating the investigation, the Foreign Trade Directorate 
shall, in a reasoned resolution, announce the preliminary results of the investig ation and, if 
appropriate, shall order the imposition of provisional duties. The resolution in question shall be 
published in the Official Journal.  
Under no circumstances may the preliminary determination be adopted before 60 calendar days 
following the da te of publication of the resolution ordering the initiation of the investigation  have 
elapsed.  
Within five days following the publication of the resolution, a copy will be forwarded to the Member 
country or countries the products of which are the subject o f the determination in question, as well 
as to other interested parties that have expressed an interest in the investigation and have supplied 
their address.  
Where justified by special circumstances, the Foreign Trade Directorate may, ex officio  or at the duly 
substantiated request of an interested party, extend the period indicated for the preliminary 
determination by up to 10 days.  
Paragraph. Documentation and information received within 15 days preceding the expiry of the 
time-limit for the adoption of t he preliminary determination, including any extension, may not be 
considered at this stage, but will in any event be taken into account for the conclusion of the 
investigation.  
Article 2.2.3.9.6.11. Examination of evidence. The investigating authority shal l, ex officio  or at 
the request of an interested party, examine the evidence it considers useful, necessary and effective 
for the purpose of verifying the facts investigated. Oral and documentary evidence shall be accepted, 
together with the other evidence  provided for in this Decree in conformity with the provisions laid 
down in the WTO Agreement on Subsidies and Countervailing Measures.  
The period for the examination of evidence at the request of a party shall expire one month after 
the date of publicatio n of the resolution containing the preliminary determination. Without prejudice 
to the foregoing, the investigating authority may ex officio  order evidence as of the initiation of the 
investigation until the preparation of the final recommendation by the T rade Practices Committee.  
The investigating authority may order the examination of evidence or information and request 
evidence or information in the country or countries of origin of the product under investigation. The 
foregoing shall be without prejudic e to the provisions on verification visits in the territory of the 
country of origin of the product under investigation.  
Article 2.2.3.9.6.12. Verification visits. For the purpose of verifying information received or 
obtaining more elements needed for the investigation, the investigating authority may make any 
verification visits it considers relevant at any time during the conduct of the investigation or prior to 
the commencement of the period for submitting arguments.  
The decision and intention to make a verification visit, as well as the agreed dates and places, shall 
be notified to the enterprises concerned at least eight days in advance of the visit so that they may 
inform the investigating authority of any objections. If no reply is received within thi s period, the 
investigating authority may assume that there is no objection.  
Prior to the visit, the enterprises involved shall be informed of the general nature of the information 
to be verified, as well as any other information which, in the view of the investigating authority, 
should be provided.  
The foregoing shall not prevent the investigating authority from seeking clarification of the 
information obtained or further details in the course of the verification visit.  
The investigating authority shall as sess the need to conduct verification visits based on the evidence 
on file, and shall take into account any circumstances that may hinder the conduct of such visits, in 
which case it may also base its decisions on the facts available.  G/SCM/N/1/COL/2  
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  Article 2.2.3.9.6.13.  Verification visits in the country of origin. The investigating authority 
may make verification visits in the territory of the country of origin of the investigated imports, 
provided that the said country's government has been duly notified and does not o bject to the visit. 
In addition, the procedures set out in Annex VI to the WTO Agreement on Subsidies and 
Countervailing Measures shall apply to visits at the premises of an enterprise.  
The results of verification visits shall be made available to all inte rested parties by the investigating 
authority, except for any relevant confidential information. The verification team may include 
non-government officials or experts, whose inclusion shall be notified to the enterprises and 
authorities in the country of o rigin where the enterprises to be visited have their legal domicile. Such 
officials or experts shall be subject to sanctions for breach of confidentiality requirements..  
The investigating authority shall assess the need to conduct verification visits in th e territory of the 
country of origin on the basis of the evidence on file, and shall take into account any circumstances 
that may hinder the conduct of such visits, in which case it may also base its decisions on the facts 
available.  
Article 2.2.3.9.6.14. Public hearings of interested parties. Within five days following 
publication of the resolution adopting the preliminary determination, parties interested in the 
investigation and in general any persons who have demonstrated a legitimate interest in the 
investigation may request the holding of a hearing of interested parties representing different 
interests so that opposing views may be presented and rebuttal arguments put forward concerning 
the elements evaluated during the investigation up to the prelimin ary stage.  
In holding such hearings, the parties may attend in person or by videoconference, teleconference or 
any other technical means, provided that it is authorized by the investigating authority for good 
cause. Account shall also be taken of the need to protect the confidentiality of the information 
provided.  
Notwithstanding the above, the hearing shall not be suspended in the event of non -attendance of 
the interested parties either in person or by videoconference, teleconference or any other authorize d 
technical means.  
The convening and holding of such a hearing shall not place any interested party under an obligation 
to attend, and failure to do so shall not be prejudicial to that party's case.  
The investigating authority shall have five days from the  day following the application in which to 
convene a hearing, and shall invite the members of the Trade Practices Committee, or any delegates 
they designate, to attend.  
Hearings may be held, at the request of a party, up to three days before the expiry of the period for 
the examination of evidence.  
The investigating authority may, at the request of a party, convene ex officio  a hearing within the 
period for the examination of evidence.  
The investigating authority shall only take into account the arguments p ut forward in the course of 
the hearing if they are reproduced in writing and made available to other interested parties within 
three days following the holding of the hearing.  
Paragraph. The Foreign Trade Directorate shall establish, by means of a circula r, the guidelines for 
conducting hearings.  
Article 2.2.3.9.6.15. Arguments. Within 10 days following the expiry of the period for the 
examination of evidence, the interested parties participating in the investigation shall be given an 
opportunity to submit their arguments and views concerning the investigation in writing and to rebut 
the evidence adduced and examined therein.  G/SCM/N/1/COL/2  
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  Article 2.2.3.9.6.16. Best information available. In cases where any interested party refuses 
access to, or othe rwise fails to fully provide, necessary information within a reasonable period or 
significantly impedes the investigation by misusing legal instruments, preliminary and final 
determinations, affirmative or negative, may be made on the basis of the facts av ailable, including 
through the use of information available to the Colombian Government by means of databases used 
for customs purposes.  
In the event of any inconsistency concerning the evidence or information presented, the 
investigating authority may req uest explanations from the interested party that is providing the 
information or evidence. If the authority considers that the explanations of the interested party are 
not satisfactory, it shall state the reasons for which it has partially or wholly reject ed the evidence 
or information presented in the determinations published.  
Article 2.2.3.9.6.17. Communication of essential facts and submission of final report. 
Within a period of two months following publication of the resolution adopting the preliminary 
determination, the investigating authority shall send the interested parties participating in the 
investigation a document containing the essential facts that form the basis for the decision whether 
or not to apply definitive measures so as to enable them,  within a period of 10 days, to provide their 
comments in writing. The two -month period may be extended by the Foreign Trade Directorate for 
up to 10 days if it considers that special circumstances justify such an extension.  
The investigating authority sha ll send a copy of this action to the Trade Practices Committee within 
the same period.  
These comments may only refer to facts or circumstances put forward before the expiry of the period 
specified in Article 2.2.3.9.6.15 of this Decree.  
Comments shall be s ent to the investigating authority, failing which they will be disregarded. The 
investigating authority, in turn, shall convene, within a period of 10 days, the Trade Practices 
Committee to present the final results of its investigation, together with the comments submitted 
by the interested parties regarding the essential facts and their corresponding technical comments, 
so that the Committee may consider them and make a final recommendation to the Foreign Trade 
Directorate.  
If the Trade Practices Committe e requests more information on the results of the investigation from 
the investigating authority, the meeting may be suspended for a period of 10 days.  
Article 2.2.3.9.6.18. Conclusion of the investigation. Within five days following the adoption of 
the re commendation by the Trade Practices Committee referred to in the preceding Article, the 
Foreign Trade Directorate shall adopt the appropriate decision in a reasoned resolution.  
This resolution adopting the final decision shall be published in the Official Journal. Within five days 
following its publication, a copy of the resolution shall be sent to the Member country or countries 
whose products form the subject of the determination or undertaking in question, as well as to the 
other interested parties that have expressed an interest in the investigation and supplied their 
mailing or email address.  
Article 2.2.3.9.6.19. Early termination of the investigation. The authority shall reject the 
application and terminate the investigation as soon as it is satisfied  that there is not sufficient 
evidence of either subsidization or of injury to justify proceeding with the case. There shall be 
immediate termination in cases where the amount of a subsidy is de minimis , or where the volume 
of subsidized imports, actual or  potential, or the injury, is negligible. The amount of the subsidy shall 
be considered to be de minimis  if it is less than 1 % ad valorem . 
If the requesting party withdraws its application before the Foreign Trade Directorate has taken any 
decision on the imposition of provisional or definitive measures, the investigation may be deemed 
to have been concluded immediately.  
If the requesting party withdraws its application after the Foreign Trade Directorate has decided to 
impose provisional measures, these sh all be annulled ex officio  by the Foreign Trade Directorate.  G/SCM/N/1/COL/2  
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  Article 2.2.3.9.6.20. Access to the electronic record. Any person may have access to the 
non-confidential documents contained in the public version of the electronic record.  
Article 2.2.3.9.6.21. Confidentiality of documents. When initiating the investigation, the 
investigating authority shall open a separate file in which shall be placed the documents which the 
authorities, the applicant or the interested parties provide on a  confidential basis. Such documents 
shall be treated as confidential in accordance with the provisions of the Political Constitution and 
other relevant regulations and may only be inspected by the competent authorities.  
Persons who provide confidential doc uments shall furnish non -confidential summaries thereof, 
together with appropriate justification for the request for confidentiality. These summaries shall be 
in sufficient detail to permit a reasonable understanding of the substance of the information 
submitted and shall be in the form of an indication of the figures and information provided in the 
confidential version or parts of the text shall be crossed out.  
In exceptional circumstances, duly substantiated, such parties may indicate that such informatio n 
cannot be summarized. If the investigating authority considers that the documents provided as 
confidential are not confidential in nature, it shall request the person providing them to waive such 
confidentiality or to state the reasons why they are unwil ling to do so.  
The confidential nature of a document shall not prevent the authorities from requesting it for the 
proper exercise of their functions. The authorities shall be responsible for ensuring the confidentiality 
of such documents as they receive in  the course of the proceedings mentioned in this Decree.  
Information provided as confidential shall not be disclosed without the specific permission of the 
party submitting it.  
Confidential documents submitted shall be clearly marked as confidential. The a uthority shall not be 
responsible for the dissemination of information in documents that are not expressly and distinctly 
marked as being confidential.  
Confidential documents and the non -confidential summaries thereof shall be subject to the guidance 
issued for this purpose by the investigating authority.  
Paragraph 1. The treatment established in this Article shall be accorded to any classified public 
information provided for in Article 18 of Law No. 1712 of 2014 or the legislation replacing, amending 
or repealing it.  
Paragraph 2. When, pursuant to this Article, documents are provided as confidential and the 
corresponding summaries are not supplied, or the confidentiality is not waived without any 
justification, these documents shall be disregarded in the in vestigation.  
SECTION 7  
IMPOSITION AND COLLECTION OF  
COUNTERVAILING DUTIES  
Article 2.2.3.9.7.1. Countervailing duties. The Foreign Trade Directorate may determine and 
order the collection of definitive or provisional countervailing duties on any subsidized imported 
product found to be causing or threatening to cause material injury to domestic production.  
The amount of duties may normally be expressed in one of the following forms or as a combination 
thereof, as an ad valorem percentage, specific duty or in accordance with a base price.  
Whenever the information so permits and the characteristics of the investigation so allow, duties 
may be calculated by reference to an amount sufficient to eliminate material injury or the threat of 
material injury to a domestic industry or material retardation of the establishment of such an 
industry. The amount of the countervailing duty imposed shall not exceed the amount of the subsidy.  G/SCM/N/1/COL/2  
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  Article 2.2.3.9.7.2. Provisional measures. To prevent injury being caused dur ing the 
investigation period, the Foreign Trade Directorate of the Ministry of Trade, Industry and Tourism 
may, by a reasoned resolution, impose provisional duties where, after affording the party being 
investigated reasonable opportunity to participate in  the investigation by replying to the 
questionnaires issued for the purpose, it makes a preliminary finding of the existence of subsidization 
of the imports subject to investigation that are causing injury to the domestic industry and deems 
that such measu res are necessary to prevent injury being caused during the investigation.  
The amount of the provisional countervailing duties shall be stated in the resolution establishing 
them and shall be paid by all importers on imports of the product which have been found to be 
subsidized and to be causing injury to an industry in Colombia.  
Provisional measures shall not be applied before 60 calendar days have elapsed following the date 
of publication in the Official Journal of the resolution initiating the investigat ion. 
The provisional measure shall not exceed the amount of the provisionally established subsidy and 
may be calculated at a level equal to or less than the full margin of the amount of the subsidy, where 
such lesser extent is appropriate to counteract the  injury. Provisional measures shall be applied for 
as short a period as possible, not exceeding four months.  
With regard to subsidized imports threatening to cause injury, the application of provisional 
measures shall be considered and decided with special  care. 
The aforementioned resolution shall be published in the Official Journal, and communicated in the 
manner and within the time -limits laid down in Article 2.2.3.9.6.9 of this Decree. A copy of this 
resolution shall be sent to the National Tax and Cust oms Directorate (DIAN), for action within its 
competence.  
Article 2.2.3.9.7.3. Provision of security. Where provisional countervailing duties are adopted, 
in lodging their import declaration importers may opt to pay the respective duties or provide the 
National Tax and Customs Directorate (DIAN) with security for payment. The security shall be 
provided for the term indicated in the resolution adopting the duty and in accordance with the 
relevant customs regulations.  
Article 2.2.3.9.7.4. Excess amounts and r efunds of provisional duties. There shall be a refund 
of provisional duties paid or the security provided for this purpose shall be cancelled or collected in 
a reduced amount, as appropriate, when:  
1. The definitive duties are lower than the provisional du ties paid or covered by security, in an 
amount equivalent to the difference between them;  
2. Where definitive duties are not established, the cancellation and return of the security shall be 
ordered or the entire amount paid by way of provisional duties re funded.  
The National Tax and Customs Directorate (DIAN) shall refund excess amounts in accordance with 
Title 19 of Decree No. 1165 of 2019 or any provisions that may replace, amend or repeal it.  
Article 2.2.3.9.7.5. Definitive duties. Where a definitive co untervailing duty is imposed, it shall 
be collected in the amounts indicated in the relevant resolution on imports of the product found to 
be subsidized and causing injury to an industry in Colombia.  
The Foreign Trade Directorate, on the recommendation of the Trade Practices Committee, shall adopt 
the decision most appropriate to the interests of the country and may decide that the countervailing 
duty should be equal to or less than the total amount of the subsidy, in order to eliminate the injury.  
Article  2.2.3.9.7.6. Application and duration of countervailing duties. A countervailing duty 
shall expire after five years, or after a shorter period where this proves sufficient to eliminate the 
injury. In any event, a countervailing duty may be extended when t he causes which gave rise to it 
persist.  G/SCM/N/1/COL/2  
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  The National Tax and Customs Directorate (DIAN) shall apply the countervailing duties in accordance 
with the legal provisions and the resolution imposing the duties, as well as the rules concerning 
collection, provi sion of security, procedures and other matters relating to tariff charges.  
Under no circumstances shall investigations in progress hinder the introduction of the goods into the 
national territory.  
No imported product may be simultaneously subject to anti -dumping and countervailing duties to 
compensate for the same situation of dumping or subsidization.  
Article 2.2.3.9.7.7. Imposition of duties on massive imports or for non -compliance. Without 
prejudice to the provisions in Article 2.2.3.9.7.5 of this Decree, the Foreign Trade Directorate may 
order the imposition of definitive duties on imports already made, in the following circumstances:  
1. If injury is caused by massive subsidized imports, on imports made up to 90 days prior to the 
date of imposition  of the provisional duties, but under no circumstances prior to the date of 
publication of the resolution to initiate the investigation;  
2. If there is non -compliance with the price undertakings accepted in conformity with 
Article  2.2.3.9.8.1 of this Decre e, on imports declared within the 90 days preceding the date of 
imposition of the provisional duties, but under no circumstances on imports declared prior to such 
non-compliance.  
Paragraph. The massive imports referred to in this Article shall be so charac terized in the light of 
their behaviour between the date of initiation of the investigation and the date of imposition of 
provisional measures, relative to the trend in imports over a period of three years preceding the 
date of initiation of the investigat ion. 
The size of the market for the product investigated shall also be taken into consideration in each 
specific case.  
SECTION 8  
UNDERTAKINGS  
Article  2.2.3.9.8.1. Price undertakings. The Trade Practices Committee shall evaluate those 
cases in which the producers or exporters of the product investigated offer, through the investigating 
authority, at its suggestion or at the initiative of the parties, to revise the export prices or to cease 
subsidized exports to Colombia, as appropriate, in such a way as t o eliminate the consequent injury.  
The investigating authority shall only accept undertakings in the two months following the date of 
publication of the resolution containing the preliminary determination.  
Price increases under such undertakings shall not be higher than necessary to eliminate the amount 
of the subsidy.  
Offers shall not be considered where they do not include the provision of information and an 
authorization to carry out the checks that the investigating authority deems necessary to verify t hat 
such offers are fulfilled.  
The Foreign Trade Directorate, on the recommendation of the Trade Practices Committee, subject 
to evaluation by the Trade Practices Subdirectorate, may suggest price undertakings but no exporter 
shall be forced to accept them . 
The fact that exporters do not offer such undertakings, or do not accept an invitation to do so, shall 
in no way prejudice the consideration of the case. However, the authorities are free to determine 
that a threat of injury is more likely to be realized  if the subsidized imports continue.  G/SCM/N/1/COL/2  
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  Article 2.2.3.9.8.2. Procedure. If price undertakings are submitted, the investigating authority 
shall, in a reasoned resolution issued by the Foreign Trade Directorate, communicate them within 
10 days following their s ubmission to parties interested in the investigation, granting the parties a 
period of five days to submit the comments they deem relevant concerning the content of the price 
undertakings.  
Within 15 days following publication of the aforementioned resoluti on, the Foreign Trade Directorate 
shall convene the Trade Practices Committee to inform it of the respective terms and comments and 
to make its recommendations in this respect.  
The Trade Practices Committee shall submit a recommendation on the price undert akings to the 
Foreign Trade Directorate so that the latter, in a reasoned resolution, may adopt the decision that 
best suits the national interest. This resolution shall be published in the Official Journal.  
Within five days of its publication, the resolut ion shall be communicated to the diplomatic or consular 
representatives of the country of origin and of export the products of which form the subject of the 
determination or undertaking, as well as to other interested parties that have expressed an interes t 
in the investigation and have supplied their mailing or email address.  
In the resolution, the Foreign Trade Directorate shall also stipulate that, if the producer or exporter 
that made the undertaking fails or refuses to provide periodic information rela ting to the fulfilment 
of the undertaking, it may order the immediate application of provisional duties, on the basis of the 
best information available, without prejudice to continuing the investigation or reinitiating it at the 
preliminary determination s tage, in the event of it having ended.  
Article 2.2.3.9.8.3. Suspension of the investigation. If a price undertaking is accepted by the 
Foreign Trade Directorate, the resolution accepting it may order the suspension of the investigation, 
unless the party ma king the undertaking requests otherwise within the month following its 
publication or, at the request of the Trade Practices Committee, it is decided to terminate the 
investigation. In such cases, the Foreign Trade Directorate may order the continuation of  the 
investigation until it is completed.  
If the investigation is continued and leads to a negative determination of subsidization or injury, the 
undertaking shall immediately lapse, except in cases where such determination is due in large part 
to the exis tence of price undertakings. In such cases, the Foreign Trade Directorate may require 
that the undertaking be maintained for a reasonable period.  
In the event that an affirmative determination is made, the resolution shall order the maintenance 
of price un dertakings consistent with their terms and the provisions of this Decree.  
SECTION 9  
REVIEW AND EXAMINATION OF DEFINITIVE COUNTERVAILING DUTIES  
Article 2.2.3.9.9.1. Administrative review of duties. At any time, the investigating authority 
may, either ex off icio or at the request of an interested party, provided that at least one year has 
elapsed since the imposition of the definitive countervailing duties, the acceptance of the price 
undertakings or sunset review, initiate a review process for the purpose of  establishing whether 
there has been a change in the circumstances that gave grounds for their imposition or acceptance 
sufficient to justify varying such a determination.  
In any event, the interested party requesting a review shall be required to prove that there has been 
a change in circumstances that justifies its request.  
Paragraph. The definitive countervailing duties shall remain in force pending the outcome of the 
review.  
Article 2.2.3.9.9.2. Sunset review . Notwithstanding the foregoing provi sions, any definitive 
countervailing duty shall be terminated on a date not later than five years from its imposition or 
from the date of the most recent review if that review has covered both subsidization and injury, or 
of the most recent review under th is Article, unless the authorities determine, pursuant to a review 
initiated before that date on their own initiative or upon a duly substantiated request made by or on G/SCM/N/1/COL/2  
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  behalf of the domestic industry within a reasonable period of time prior to that date, that the removal 
of the countervailing duty imposed would be likely to lead to continuation or recurrence of the 
subsidization and injury it was intended to correct.  
The review may be initiated ex officio not later than two months prior to either the fifth  year of the 
measure or its expiry date, reckoned in accordance with the provisions of the preceding paragraph, 
or at the request of the domestic industry, in which case the request must be submitted at least 
four months prior to the expiry date of the mea sure. 
The definitive countervailing duties shall remain in force pending the outcome of the review.  
Paragraph. The provisions of this Article shall also apply in cases where the period of validity of the 
definitive anti -dumping duties is less than five years.  
Article 2.2.3.9.9.3. Purpose of the review or examination. In the application for review, 
interested parties may request that the investigating authority examine the amounts of subsidy 
determined during the immediately preceding year and, as a conse quence of such review, vary or 
remove the duty imposed or terminate acceptance of the price undertaking.  
Likewise, interested parties may request the investigating authority to examine whether the 
continued imposition of the definitive countervailing duty or acceptance of the price undertaking is 
necessary to offset the adverse effects of subsidization that it is intended to remedy, as well as the 
likelihood of the injury continuing or recurring if the duty were removed or modified or acceptance 
of the pric e undertaking was terminated.  
Article 2.2.3.9.9.4. Review of the acceptance of price undertakings. The authorities may carry 
out reviews for the purpose of determining whether the resolution accepting the price undertakings 
should be extended.  
If, as a res ult of the review, it is concluded that it is not necessary to maintain the commitment 
assumed in the price undertaking, the Foreign Trade Directorate shall issue a resolution ordering its 
termination, as well as that of the investigation, if the latter ha s been suspended.  
Article 2.2.3.9.9.5 . Content of applications . The applications for reviews and sunset reviews 
referred to in this Section shall be submitted through the web application or a similar mechanism, 
failing which the applications shall be disre garded.  
The application shall contain, at least, the following information and evidence:  
1. The identity of the applicant.  
2. The names and addresses of other interested parties, if available.  
3. Arguments in support of what the authority is being asked to  review in accordance with the 
provisions in this Section, i.e.:  
(a) the change in circumstances;  
(b) the need to maintain the duty in order to offset subsidization and/or prevent injury;  
(c) the modification or elimination of the duty imposed;  
(d) the det ermination of the individual subsidy calculation.  
4. Supporting evidence.  
5. Accounts and financial information concerning production, sales, inventories, prices and profits 
and information on installed capacity and employment. This information shall be pr ovided in 
conformity with the legislation in force and shall be signed by a certified public accountant or 
the company's statutory auditor.  
6. Description of the trend in demand and sales of the domestic product that is the like product 
in respect of the p roduct subject to the countervailing measure from the time at which the 
measure to be reviewed commenced.  
7. Identification and justification of confidential information, and a non -confidential summary 
thereof. If it is claimed that such information cannot  be summarized, an explanation of the 
reasons why it is not possible to provide a summary.  
8. An offer to provide the authorities with any additional documents they may request and to 
facilitate the verification of the information supplied.  G/SCM/N/1/COL/2  
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  Article 2.2.3.9.9.6. Assessment of the initiation and conduct of the review or examination. 
For the purposes of the evaluation of the application, as well as of the initiation and conduct of the 
review or examination, the procedure followed shall be that l aid down in Section 6 of this Decree, 
which includes:  
1. Evaluation of the grounds for the application in order to decide whether to initiate 
an investigation . The investigating authority shall have a period of 15 days as from the day 
following the date of  submission of the application to evaluate the accuracy and adequacy of 
the information and evidence provided to determine whether there is sufficient evidence to 
justify the initiation of a review or examination. If the investigating authority finds it ne cessary 
to request missing information for the purpose of the evaluation, it shall ask the applicant to 
provide it.  
This request shall interrupt the period established in the first paragraph, which shall start 
anew when the applicant duly supplies the info rmation requested.  
If, after 20 days following the request for missing information, such information has not been 
provided in full, the applicant shall be considered to have withdrawn the application and the 
information supplied shall be returned to the ap plicant.  
The investigating authority shall determine that there are grounds for initiating a review or 
examination where:  
1.1 It confirms, by verifying the degree of support for, or opposition to, the application, that 
it has been made by or on behalf of t he domestic industry. For this purpose, the investigating 
authority may send notifications to the known domestic producers or associations, which, 
within five days from the day following the date of dispatch of the notification, shall express 
in writing th eir support for, or opposition to, the application. Where the petitioning domestic 
industry accounts for over 50 % of total domestic production, this requirement shall be deemed 
to be fulfilled.  
If no reply is received within the specified period, this shall indicate that there has been no 
expression of interest on the part of the domestic producer or association concerned.  
1.2 There is evidence constituting sufficient proof that the maintenance, modification or 
removal of the amount of the definitive co untervailing duty or the acceptance of the price 
undertaking is necessary to offset the adverse effects of subsidization that it is intended to 
remedy, as well as the likelihood of the injury continuing or recurring if the duty were removed 
or modified or acceptance of the price undertaking was terminated.  
Paragraph. For the purposes of establishing the accuracy and adequacy of the evidence 
supplied by the applicant, in order to determine whether there is sufficient evidence to justify 
the initiation of a r eview or examination, the investigating authority may, either ex officio  or 
at the request of a party, extend the period specified in paragraph 1 of this Article, once only, 
for up to five additional days.  
2. Initiation of the review or examination. If, in evaluating the application, it is found that 
there are grounds for initiating an investigation, a reasoned resolution of the Foreign Trade 
Directorate to that effect shall be published in the Official Journal. Likewise, if the Directorate 
finds no grounds  for initiating an investigation, it shall adopt a reasoned resolution to that 
effect within the same time -limits.  
Article 2.2.3.9.9.7. Timeliness of participation in the proceedings . For the purposes of the 
dispatch of, and response to, questionnaires, an d the right of defence provided for in Section 6 of 
this Decree, the following shall be applied to the review or examination provided for in this Section:  
1. Dispatch and receipt of questionnaires, and notice of the application to foreign 
producers, export ers and authorities in the exporting country . The provisions of 
Articles 2.2.3.9.6.8 and 2.2.3.9.6.8 of Section 6 of this Decree shall apply.  G/SCM/N/1/COL/2  
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  2. Examination of evidence . The investigating authority shall, ex officio  or at the request 
of an interested party , examine the evidence it considers useful, necessary and effective 
for the purpose of verifying the facts investigated. Oral and documentary evidence shall 
be accepted, together with the other evidence provided for in this Decree in conformity 
with the pr ovisions laid down in the WTO Agreement on Subsidies and Countervailing 
Measures.  
The period for the examination of evidence at the request of a party shall end one month 
after the expiration of the questionnaire response period. Without prejudice to the 
foregoing, the investigating authority may ex officio  order evidence as of the initiation 
of the investigation until the preparation of the final recommendation by the Trade 
Practices Committee.  
The investigating authority may order the examination of evide nce or information and 
request evidence or information in the country or countries of origin of the product 
under investigation. The foregoing shall be without prejudice to the provisions on 
verification visits in the country of origin of the product under  investigation.  
3. Verification visits and verification visits in the country of origin. The provisions 
of Articles 2.2.3.9.6.12. and 2.2.3.9.6.13. of Section 6 of this Decree shall apply.  
4. Public hearings of interested parties. Within five days followin g the expiry date of 
the questionnaire response period, parties interested in the investigation and in general 
any persons who have demonstrated a legitimate interest in the investigation may 
request the holding of a hearing of interested parties represent ing different interests so 
that opposing views may be presented and rebuttal arguments put forward concerning 
the elements evaluated in the investigation.  
In holding such hearings, the parties may attend in person or by videoconference, 
teleconference or a ny other technical means, provided that it is authorized by the 
investigating authority for good cause. Account shall also be taken of the need to protect 
the confidentiality of the information provided.  
Notwithstanding the above, the hearing shall not be suspended in the event of non -
attendance of the interested parties either in person or by videoconference, 
teleconference or any other authorized technical means.  
The convening and holding of such a hearing shall not place any interested party under 
an obligation to attend and failure to do so shall not be prejudicial to that party's case.  
The investigating authority shall have five days from the day following the application 
in which to convene a hearing, and shall invite the members of the Trade Practi ces 
Committee, or any delegates they designate, to attend.  
Hearings may be held up to three days before the period for the examination of evidence 
expires, at the request of a party.  
The investigating authority may convene ex officio  a hearing within the p eriod for the 
examination of evidence, at the request of a party.  
The investigating authority shall only take into account the arguments put forward in 
the course of the hearing if they are reproduced in writing and made available to other 
interested parti es within three days following the holding of the hearing.  
5. Arguments. The provisions of Article 2.2.3.9.6.15 of Section 6 of this Decree shall 
apply.  
Article 2.2.3.9.9.8. Communication of essential facts and submission of final report. Within 
a period of two months following the expiration of the period for arguments, the investigating 
authority shall send the interested parties participating in the investigation a document  containing 
the essential facts that form the basis for the decision on the review or examination, so as to enable G/SCM/N/1/COL/2  
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  them, within a period of 10 days, to provide their comments in writing. The two -month period may 
be extended by the Foreign Trade Directorate  for up to 10 days if it considers that special 
circumstances justify such an extension.  
The investigating authority shall send a copy of this action to the Trade Practices Committee within 
the same period.  
These comments may only relate to facts or circum stances put forward prior to the expiration of the 
period for arguments.  
Comments shall be sent to the investigating authority, failing which they shall be disregarded. The 
investigating authority, in turn, shall convene, within a period of 10 days, the Tr ade Practices 
Committee to present the final results of its investigation, together with the comments submitted 
by the interested parties regarding the essential facts and their corresponding technical comments, 
so that the Committee may consider them and make a final recommendation to the Foreign Trade 
Directorate.  
If the Trade Practices Committee requests more information on the results of the investigation from 
the investigating authority, the meeting may be suspended for a period of 10 days.  
Article 2.2 .3.9.9.9. Conclusions of the review or examination . For the purposes of the final 
determination, the provisions of Article 2.2.3.9.6.18. of Section 6 of this Decree shall be observed.  
Article 2.2.3.9.9.10. Termination of the duty imposed . If, as a result o f a review or examination 
under this Section, it is concluded that there is no justification for maintaining a definitive 
countervailing duty, the Foreign Trade Directorate shall terminate it immediately and inform the 
National Tax and Customs Directorate (DIAN) accordingly.  
Article 2.2.3.9.9.11. Access to the record and protection of confidential information . In the 
proceedings for which this Section provides, the rules on access to the record and the protection of 
confidential information laid down in Sec tion 6 of this Decree shall be observed.  
SECTION  10 
SPECIAL RULES APPLICABLE TO CHANGED CIRCUMSTANCES  
REVIEWS AND SUNSET REVIEWS  
Article 2.2.3.9.10.1. Determination of the likelihood of continuation or recurrence of 
injury. In examinations and reviews carr ied out in accordance with the provisions of Section 9 of 
this Chapter, the investigating authority shall determine whether there is a likelihood that the 
removal of a duty imposed or the termination of acceptance of a price undertaking would lead to the 
continuation or recurrence of material injury within a reasonably foreseeable period.  
For this purpose, the investigating authority shall take into consideration, inter alia , the following 
factors:  
1. The real or potential volume of imports.  
2. Price effects and the possible effects of the imports subject to the definitive duty or the 
acceptance of the price undertaking on the domestic industry if such duties or price 
undertakings are removed or terminated.  
3. Improvements in the state of the domestic industry brought about by the duty imposed 
or the price undertaking.  
4. Whether the domestic industry is likely to suffer material injury if the duty imposed is 
removed or the price undertaking is terminated.  
Article 2.2.3.9.10.2. Volume of imports . The in vestigating authority shall examine whether the 
likely volume of imports of the product subject to countervailing duties would be significant if the 
duty imposed were removed or the price undertaking terminated. For this purpose, it may take into 
account r elevant economic factors such as the likely increase in production capacity in the exporting G/SCM/N/1/COL/2  
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  country, existing inventories of the product subject to anti -dumping duties or price undertakings, as 
well as their likely increases and any barriers to the import  of the product subject to countervailing 
duties or price undertakings to countries other than Colombia.  
Article 2.2.3.9.10.3. Price effects . In examining the possible price effects of imports of the 
product subject to the definitive duty or price undertak ing, the investigating authority shall take into 
account the likelihood of such products entering Colombia at prices that would have a significant 
depressing or suppressing effect on the prices of domestic like products, if either the definitive duty 
or price undertaking were revoked.  
Article 2.2.3.9.10.4. Effects on the domestic industry . In evaluating the possible effects that 
imports of the product subject to the definitive duty or the acceptance of a price undertaking would 
have on the domestic industry  if the definitive duty or price undertaking were removed or 
terminated, the investigating authority shall take into account relevant economic factors likely to 
have a bearing on the state of the domestic industry in Colombia, such as likely declines in ou tput, 
sales, market share, profits, productivity, return on investment and utilization of capacity; negative 
effects on cash flow, inventories, employment, wages, growth, ability to raise capital and 
investment; and negative effects on the development and production efforts of the domestic 
industry, including efforts to develop a derivative or more advanced version of the domestic like 
product.  
Article 2.2.3.9.10.5. Basis for the determination . The presence or the absence of any factor 
that the investigatin g authority is required to take into account for the purpose of deciding on the 
likelihood that the material injury will continue or recur within a reasonably foreseeable period of 
time, if the definitive duty is removed or the price undertaking terminated , does not oblige it to 
reach a positive determination on the existence of such a possibility.  
Paragraph. De minimis  subsidy amounts shall not by themselves be sufficient to require the 
investigating authority to determine that the removal of a definitive duty or the termination of 
acceptance of a price undertaking would not be likely to lead to the continuation or recurrence of 
the subsidy.  
Article 2.2.3.9.10.6. Cumulation . The investigating authority may cumulatively assess the volume 
and impact of import s of the product subject to the definitive duty or the price undertaking from all 
countries for which examinations or reviews have been initiated, provided that they are at the same 
procedural stage, if such imports might compete with each other and with d omestic like products in 
the Colombian market.  
SECTION  11 
COMMON PROVISIONS  
Article 2.2.3.9.11.1. Representation and participation of interested parties . In the course of 
the subsidy investigation, only those who are authorized to intervene in the differen t procedural 
stages, make submissions and, in general, act on behalf of the interested parties, and who can prove 
the capacity in which they are acting, may do so. Any communication received by unauthorized 
persons or on behalf of third parties shall be di sregarded.  
Oral interventions that are made during public hearings attended by representatives shall be 
governed by the circular referred to in the paragraph of Article 2.2.3.9.6.14 of this Decree.  
Article 2.2.3.9.11.2. Single channel for action by interes ted parties. The Foreign Trade 
Directorate shall issue a circular making it mandatory to establish a single channel for the filing of 
all proceedings by interested parties after the initial request, during the different stages, processes 
and procedures of the administrative investigations carried out on the basis of this Decree, failing 
which they shall not be taken into account. The above is pending the technical development of the 
web application or a similar mechanism.  G/SCM/N/1/COL/2  
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  Article 2.2.3.9.11.3. Effectiveness  of procedures . The procedures set out are not intended to 
prevent the investigating authority from proceeding expeditiously with regard to initiating an 
investigation, reaching preliminary or final determinations, whether affirmative or negative, or from 
applying provisional or final measures, in accordance with relevant provisions of the WTO Agreement 
on Subsidies and Countervailing Measures.  
Article 2.2.3.9.11.4 Technical reports . Following the adoption of decisions by the Foreign Trade 
Directorate or th e submission of the findings of its evaluations to the Trade Practices Committee, 
the Trade Practices Subdirectorate shall draw up a technical report containing the findings and 
conclusions reached with respect to all relevant points of fact and law.  
Artic le 2.2.3.9.11.5. Content of resolutions or technical reports on initiation and 
preliminary and final determinations . The resolution ordering the initiation of the investigation 
shall contain, or otherwise make available through a separate technical report,  adequate information 
on the following:  
1. The name of the exporting country or countries and the product involved;  
2. The date of initiation of the investigation;  
3. A description of the subsidy practice or practices to be investigated;  
4. A summary of the factors on which the allegation of injury, threat of injury or material 
retardation are based; and  
5. The time -limits allowed to interested Members and interested parties for making their 
views known.  
Resolutions on the imposition of provisi onal or final measures shall set forth, or otherwise make 
available through a separate technical report, sufficiently detailed explanations for the preliminary 
and final determinations on the existence of a subsidy and injury and shall refer to the matters  of 
fact and law which have led to arguments being accepted or rejected.  
Such a resolution or report shall, due regard being paid to the requirement for the protection of 
confidential information, contain in particular:  
1. The names of the suppliers or, wh en this is impracticable, the investigated countries 
involved;  
2. A description of the product;  
3. The amount of subsidy established and the basis on which the existence of a subsidy 
has been determined;  
4. Considerations relevant to the determination of i njury, threat of injury or material 
retardation; and  
5. The main reasons leading to the determination.  
Article 2.2.3.9.11.6. Concurrent investigations . Investigations to establish the correct customs 
valuation of imports conducted by the National Tax and C ustoms Directorate (DIAN), as well as 
those relating to incorrect tariff classification, under -invoicing and subsidies by the Trade Practices 
Subdirectorate of the Foreign Trade Directorate, may be carried out simultaneously.  
Article 2.2.3.9.11.7. Inter -institutional cooperation . If, in the course of administrative 
proceedings, the investigating authority has information that leads it to believe that customs 
undervaluation or underinvoicing may exist, it shall send, on its own initiative, a copy of all rele vant 
documents to the National Tax and Customs Directorate (DIAN), without prejudice to the 
continuation of proceedings with regard to matters within its own competence.  
Article 2.2.3.9.11.8. Forwarding of resolutions . The Trade Practices Subdirectorate sh all 
forward to the National Tax and Customs Directorate (DIAN) copies of resolutions determining the 
application of provisional or definitive countervailing duties or modifying or suspending those already 
established.  
Article 2.2.3.9.11.9. Responsibilities . For the purposes of this chapter, the Trade Practices 
Committee, the Foreign Trade Directorate and the Trade Practices Subdirectorate of the Ministry of 
Trade, Industry and Tourism shall have the following functions:  G/SCM/N/1/COL/2  
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  Trade Practices Committee: Make recom mendations to the Foreign Trade Directorate on price 
undertakings; the results of the final study conducted by the Trade Practices Subdirectorate in the 
course of the investigation; the imposition, removal, extension or modification of definitive 
counterva iling duties; and the termination of price undertakings.  
It is also the Committee's responsibility to authorize extensions of the time -limits for conducting and 
concluding investigations, where justified. This latter responsibility shall include the possib ility of 
authorizing an extension in addition to that specified in this Decree for the periods for preliminary 
and final determinations.  
Foreign Trade Directorate: To adopt a reasoned resolution on the results of the opening or 
initiation of the aforementi oned procedures and the preliminary and final evaluation; to impose the 
applicable provisional and definitive duties; to grant or adopt the extensions envisaged in the course 
of the investigation or extend the necessary time -limits so that the procedure ca n achieve its purpose 
of ensuring the effectiveness of the material right that is the subject of administrative action; and 
to decide on price undertakings submitted. The definitive duties shall be imposed by the Foreign 
Trade Directorate in accordance wit h the recommendation of the Trade Practices Committee.  
Trade Practices Subdirectorate: To conduct the investigations covered by this Decree and to act 
as the technical secretariat of the Trade Practices Committee, without prejudice to any other 
responsibil ities. 
For each procedure or investigation, the Trade Practices Subdirectorate shall draw up a study that 
includes the final results.  
Article 2.2.3.9.11.10. Procedures and requirements . The Foreign Trade Directorate shall 
establish the internal procedures,  the applications manual, the forms, the questionnaires and other 
requirements necessary for implementation of this Decree. Likewise, it shall determine and 
implement the electronic mechanisms to be used in the course of the investigations provided for 
herein. 
Article 2.2.3.9.11.11. Review . The decisions adopted following the investigations referred to in 
this Decree may be subject to the control measures set out in the Code of Administrative Procedure 
and Administrative Disputes.  
Article 2.2.3.9.11.12. Transitional regime . For applications which, at the time of entry into force 
of this Decree, are subject to administrative investigation, that investigation must be completed in 
accordance with the procedure described in Decree No.  299 of 1995, the Code of Ad ministrative 
Procedure and Administrative Disputes and other applicable rules."  
Article 2. Entry into force and repeal . This Decree shall enter into force on the date of its 
publication in the Official Journal, and repeals Decree No.  299 of 1995.  
FOR PUBLICATION AND IMPLEMENTATION      27 APRIL  2022  
Done at Bogotá D.C. on  
 
 
IVAN DUQUE MARQUEZ  
Minister of Finance and Public Credit,  
 
 
JOSÉ MANUEL RESTREPO ABONDANO.  
Minister of Trade, Industry and Tourism,  
 
 
MARÍA XIMENA LOMBANA VILLALBA.  
 
__________