G/ADP/N/1/COL/5  
19 April 2021 
(21-3297)  Page: 1/31 
Committee on Anti -Dumping Practices  Original:  Spanish  
 
  
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLE 18.5 OF THE AGREEMENT  
COLOMBIA  
The following communication, dated and received on 1 4 April 2 021, is being circulated at the request 
of the delegation of Colombia.  
 
_______________  
 
 
In accordance with Article 18.5 of the Anti -Dumping Agreement, the Government of Colombia 
encloses herewith the text of Decree No. 1794 of 2020 adding a chapter on the application of 
anti-dumping duties 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 introducing other provisions . G/ADP/N/1/COL/5  
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  OFFICIAL  JOURNAL NO.  51.543 OF 30 DECEM BER 2020  
DECRE E NO.  1794 OF 2020 
(30 December ) 
Adding a Chapter on the application of anti -dumping duties 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 introducing other provisions  
The President of the Republic of Colombia , in exercise of his constitutional powers , in particular those 
conferred upon him by paragraphs 11 and 25 of Article 189 of the Political Constitution, in conformity 
with Article 10 of Law No. 7 of 1991 and  Law No. 170 of 1994, and  
CONSIDERING : 
That Article 10 of Law No. 7 of 1991  instructs the National Government to regulate the protection of 
domestic producers against unfair foreign trade practices and to fix requirements, procedures and 
factors for determining the imposition of duties as appropriate . 
That Law No. 170 of 1 5 Decemb er 1994 approv es the Agreement establishing the World Trade 
Organization  (WTO) , signed in Marrakech (Morocco) on 1 5 April 1 994, the multilateral agreements 
annexed thereto, and the Plurilateral Agreement  on bovine meat annexed  thereto , which was 
declared enforceable by the Constitutional Court by way of Ruling C -137 of 28 March 1 995. 
That the Agreement Establishing the World Trade Organization contains the WTO Agreement on 
Implementation of Article VI of the General Agreement on Tariffs and Trade (hereinafter the WTO 
Anti-Dumping Agreement) , which constitutes the general regime for the application of anti -dumping 
duties.  
That the National Government issued Decree No. 1750 of 1 September 2 015 on the basis of the 
provisions of Article 10 of Law No. 7 of 1991, with the aim of regulating requirements, procedures 
and factors for determin ing the application of anti -dumping duties.  
That the WTO Anti -Dumping Agreement sets forth rules for the application of anti -dumping duties, 
relating in particular to the calculation of dumping, procedures for initiating and pursuing an 
investigation, including the establishment and treatment of the facts, the imposition of provisional 
measures, the imposition and collection of anti -dumping duties, the dur ation and review of 
anti-dumping measures and the public disclosure of information relating to anti -dumping 
investigations.  
That it is necessary to bring domestic legislation into line with the changes in foreign trade with 
regard to the applicable procedu re, in light of the technical and legislative progress in this field , as 
well as the use of information and communications technology, especially  the development and use 
of electronic processing  through the web application or the system  replacing it , such as th ose 
provided for in the WTO Anti-Dumping Agreement , for the purpose of counteracting  injury to 
domestic produc tion caused by dumping , by imposing anti -dumping duties.  
That the exercise of the regulatory power of the President of th e Republic is not exhausted, pursuant 
to paragraph 11 of Article 189 of the Political Constitution , but encompasses the authority conferred 
by paragraph 25 of Article  189, with regard  to the regulation of foreign trade.  
That it is necessary, in the interest of streamlining and simplifying  legislation , to include in Decree 
No. 1074 of 2015, Single Regulatory Decree for the Trade, Industry and Tourism Sector, rules of a 
regulatory nature  governing the trade , industry and to urism  sector, issued under paragraph 25 of 
Article 189 of the Political Constitution , which are intended to be permanent and which regulate 
procedural matters . In light of the above , G/ADP/N/1/COL/5  
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  HEREBY DECREES THE FOLLOWING:  
Article 1. A preambular  part is added to Decree No. 1074 of 2015, Single Regulatory Decree for the 
Trade, Industry and Tourism  Sector , which reads as follows : 
"That in order to simplify and streamline the legal system, the compilation  referred to in this Decree 
includes the rules issued in accordance with the  powers conferred upon the President of the Republic 
in paragraph 25 of Article 189 of the Political Constitution, which are of a permanent nature , with 
regard to the regulation of foreign trade".  
Article 2. Chapter 7 is 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 : 
"CHAPTER 7  
APPLICATION OF ANTI -DUMPING DUTIES  
SECTION  I 
GENERAL PROVISIONS  
ARTICLE 2 .2.3.7.1.1 . Definitions . For the purposes of this Decree , and in accordance with the 
provisions of the WTO Anti -Dumping Agreement, the following definitions apply : 
a. Dumping . A product is to be considered as being dumped, i.e. introduced into the commerce of 
another country at less than its normal value, if the export price of the product exported from one 
country to another is less than the comparable price, in the ordinary course of trade, for the like 
product when destined for consumption in the exporting country  
b. Threat of material injury . The risk of material injury to a domestic industry , as set forth in  
Article 3.7 and other relevant provisions of the WTO Anti -Dumping Agreement.  
c. Investigating authority . The Foreign Trade Directorate of the Ministry of Trade, Industry and 
Tourism, through its Sub -Directorate of Trade Practices . 
d. 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 such an industry , as set 
forth in Article 3 and other relevant provisions  of the WTO Anti -Dumping Agreement.  
e. Anti-dumping duty . Customs duty applicable to imports of products to restore the terms of 
competition distorted by the dumping . 
f. Days. All the days mentioned in this Decree mean working days, unless otherwise specified . If 
the last day of a specified period is a holiday or rest day, the period shall be extended until the next 
working day . 
g. Date of sale . As a general rule the date of sale is that ind icated in the document establishing the 
essential conditions and terms of the sale, for example, the contract, the purchase order, the 
confirmation of the purchase order  or the invoice.  
h. Massive imports . Imports of the product subject to investigation, from the date of initiation of 
the investigation to the date of the imposition of provisional measures, the volume of which and 
other circumstances such as the rapid accumulation of stocks seriously impair or  could seriously 
impair the remedial effect of the definitive anti -dumping duty . 
i. Dumping margin . The amount by which the price of the export product is lower than the normal 
value . The margin shall be calculated for each unit of the product imported into national territory at 
dumping prices.  G/ADP/N/1/COL/5  
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  The margin of dumping shall normally be considered to be de minimis  if this margin is less than 2 %, 
expressed as a percentage of the export price.  
j. Best information available . Known facts on the basis o f 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 reasonable period or 
significantly impedes the investig ation, in accordance with Article 6.8 and Annex II of the WTO 
Anti-Dumping Agreement.  
k. Month : Month means an ordinary calendar month.  
l. Ordinary course of trade . Trade reflecting market conditions in the country of origin carried out 
habitually or within a representative period between independent buyers and sellers.  
m. M aterial retardation : This concept refers to 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 sufficient level to permit the examination of the other two types of injury;  
n. Related parties . One shall be deemed to control another  when the former is legally or 
operationally in a position to exercise re straint 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 subje ction of the 
decision -making power of a company  to the will of one or more other persons , by 
having , inter alia : 
(a) over 50 % of its capital either directly or together with its subsidiaries , or with the 
subsidiaries of those  subsidiaries ; 
(b) minimum decision -making majority at the partners' meeting or  assembly ; 
(c) power under the enterprise's articles of association or an agreement ; 
(d) 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 ; 
(e) power to appo int or remove the majority of members of the board of directors or 
equivalent governing body ; or 
(f) power to cast the majority of votes at meetings of the board of directors or equivalent 
governing body . 
 
o. Interested parties . "Interested parties" shall mean : 
1. the applicant;  
2. an exporter, foreign producer or importer of the product under consideration , or a trade 
or business association a majority of whose members are producers, exporters or importers 
of the product;  
3. the government of the country of origin of the product under investigation ; 
4. domestic producers of the product like to that under investigation or trade or business 
associations a majority of whose members produce the said product in the national territory ; 
and 
5. Colombian or foreign persons other than those indicated above, as determined by the 
investigating authority.  
p. Export price . The price actually paid or payable for the product under consideration sold for 
export to Colombia . G/ADP/N/1/COL/5  
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  q. Product under consideration . The imported product that is the subject of the investigation . 
r. Like product . 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 the 
purposes of proving that the products are alike, the physical and chemical characteristics, details of 
the raw materials used, manufacturing or producti on process, channels of distribution, tariff 
classification, among others , may be taken into consideration  
s. Normal value . In general,  and in the ordinary course of trade, the comparable price actually paid 
or payable for a product like to that exported to Colombia when sold for consumption in the country 
of origin or export.  
In the absence of such a price, the normal value shall be esta blished by considering the price for 
export to a third country , the price for export from a third country to another country,  or the 
constructed value.  
In the case of a country in which there is  significant state intervention, the normal value shall 
corres pond to the domestic or export price in a third country with a market economy.  
ARTICLE 2 .2.3.7.1.2 . Scope of application . This Decree establishes  the provisions applicable to 
investigations into imports of products originating in Member countries of the World Trade 
Organization (WTO) that are dumped, when they cause or threaten to cause material injury to a 
domestic industry or material retardation  of the establishment or the expansion of this domestic 
industry.  
This legal framework shall also apply to imports from non -Members of the WTO with which Colombia 
has existing international trade agreements or treaties and to imports of products from count ries 
with which Colombia has no international commitments regarding the application of anti -dumping 
duties.  
ARTICLE 2 .2.3.7.1.3 . Grounds for the decisions . Anti-dumping duties shall only be applied 
following investigations initiated and conducted in accord ance with the provisions laid down herein . 
This Decree shall be applied and interpreted in accordance with the provisions of the WTO  
Anti-Dumping Agreement . 
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 when conducting investigations.  
ARTICLE 2 .2.3.7. 1.4. General interest . The investigation and the imposition of anti -dumping 
duties are in the public interest and seek to prevent and remedy material injury, threat of material 
injury or material retardation of the establishment of a domestic industry, pro vided that there is a 
link to the unfair practice of dumping.  
Duties are imposed specifically on producers and exporters of a country and, where applicable, on 
a country.  
SECTION II  
DETERMINATION OF THE EXISTENCE OF DUMPING , CALCULATION OF DUMPING  
ARTICLE 2 .2.3.7.2.1 . Dumping . A product is considered as being dumped, i.e. imported into the 
Colombian market at a price that is less than its normal value, if the export price of the product 
exported to Colombia is less than the comparable price, in the ordi nary course of trade, of a like 
product destined for consumption in the country of origin . For the purposes of determining dumping 
in an investigation, the Articles in this Section shall be taken into consideration . 
ARTI CLE 2 .2.3.7.2.2 . Normal value in the ordinary course of trade . The amount actually paid 
or payable for a product like to that imported into Colombia when sold for consumption in the G/ADP/N/1/COL/5  
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  domestic market of the country of origin, in the ordinary course of trade, by independent customers.  
PARAGRAPH : Sales of the like product destined for consumption in the domestic market of the 
exporting country shall normally be considered a sufficient quantity for the determination of the 
normal value if such sales constitute 5% or more of the sales of the product under consideration to 
Colombia . 
The foregoing shall be without prejudice to a demonstration that sales in the domestic market of the 
exporting country at a lower ratio are nonetheless of sufficient magnitude to provide for a proper 
comparison.  
ARTICLE 2 .2.3.7.2.3 . Determination of the normal value in other transactions . Pursuant to 
Article 2.2 of the WTO Anti-Dumping Agreement, where there are no sales of the like product in the 
ordinary course of trade in the domestic market of the country of origin or export , or where, because 
of the low volume of sales , or because of any other particular situation in the domestic market of 
the said country, such sales do not permit a proper comparison, the normal value may be determined 
by considering the exp ort price for the like product exported from the country of origin or export to 
an appropriate third country, provided that it is representative, or with the constructed value of  a 
like product . For this purpose, the investigating authority shall determine  the methodology to be 
applied on a case -by-case basis.  
In the case of a constructed value, the price shall be based on the cost of production in the country 
of origin, plus a reasonable amount for administrative and selling costs, as well as for profits, taking 
into account the data for the producer of the product subject to investigation or the data provided 
by other producers of the good like that investigated, or any other reliable method determined by 
the investigating authority shall be used in order to obtain the data . Profits shall not exceed those 
normally earned from the sale of products of the same category on the domestic market of the 
country of origin.  
PARAGRAPH: To determine a low volume  of sales, as referred to in this Article, the criterion of 
sufficiency established in the paragraph of the aforementioned Article shall be applied.  
ARTICLE 2 .2.3.7.2.4 . Exclusion of sales for the determination of the normal value . Without 
prejudice to the  provisions in the preceding Article, in determining normal value all those sales on 
the domestic market of the exporting country or sales to a third country that do not constitute sales 
in the ordinary course of trade, more specifically those that reflect  sustained losses, may be 
disregarded.  
Among other factors, the ordinary course of trade shall be considered not to include sales made at 
a loss within the terms of this Decree, or sales between related or associated parties which do not 
reflect prices and  costs comparable with those in transactions between independent parties.  
Sales that reflect sustained losses shall mean those over a period of time of six months to one year 
in which the weighted average is below the weighted average per unit cost . They may be taken into 
account by the investigating authority if they represent a significant volume . If 80% of total sales 
exceed the cost, the investigating authority may take into account all the sales in order to determine 
the normal value.  
ARTICLE 2 .2.3.7.2.5 . Export price . Initially the price actually paid or payable for the product 
under consideration shall be taken into account . If there is no export price or where it appears to 
the investigating authority that the export price is unreliable because of association or relationship 
or a compensatory arrangement between the exporter and the importer or a third party, the export 
price shall be calculated on the basis of the price at which the imported products are first sold to an 
independent buyer . 
If the products are not sold to an independent buyer, or are not sold in the condition as imported, 
the price shall be calculated on such reasonable basis as the authority may determine . In calculating 
this price, the necessary adjustment shall be made to allow  for all costs incurred prior to sale, such 
as costs of transport, insurance, maintenance, loading and unloading, import duties and other levies 
arising subsequent to export from the country of origin, a reasonable margin of general, 
administrative and sel ling costs, profits and any commission usually paid or agreed.  G/ADP/N/1/COL/5  
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  ARTICLE 2 .2.3.7.2.6 . Comparison between the normal value and the export price . The 
export price and the normal value shall be examined on a fair and comparable basis, taking into 
account the agreed conditions and terms for the delivery of the goods, preferably at the ex -factory 
level and in respect of transactions made at as nearly as possible the same time . Likewise, the 
investigating authority, depending on the specific circumstances, may ap ply adjustments to allow 
for differences which affect price comparison.  
ARTICLE 2 .2.3.7.2.7 . Adjustments . In order to make a fair comparison between the normal value 
and the export price, adjustments may be made to allow, inter alia , for differences in con ditions and 
terms of sale, taxation, levels of trade, quantities, physical characteristics, and any other differences 
which are also demonstrated to affect the price comparison.  
The amount of the adjustments shall be calculated on the basis of relevant inf ormation for the period 
of investigation or in the light of data for the latest financial year available.  
The investigating authority shall ensure that there is no duplication of adjustments already made.  
When a participant in the investigation requests th at some adjustment be taken into account , they 
shall furnish evidence that the request is justified , failing which their request shall not be taken into 
account in the investigation . 
For this purpose, the following aspects shall be taken into account : 
1. When the comparison of the normal value, the export price and the necessary adjustments 
requires a conversion of currencies, such conversion shall be made using the rate of exchange on 
the date of sale, provided that when a sale of foreign curr ency on forward markets is directly linked 
to the export sale involved, the rate of exchange in the forward sales shall be used.  
Fluctuations in exchange rates shall be ignored and , during the course of  an investigation , the 
authorities shall allow exporte rs at least 60 calendar days to adjust  their export prices to reflect 
sustained movements in exchange rates during the period of investigation.  
2. If the export price has been constructed and for this reason price comparison has been affected, 
the investigating authority shall establish the normal value at a level of trade equivalent to the level 
of trade of the constructed export price or shall take into consideration  the adjustment elements 
provided in this Decree for this purpose.  
ARTICLE 2 .2.3.7.2.8 . Adjustments to the export price . The investigating authority may, among 
other adjustments, make those related to the following factors:  
(a) the amounts di rectly connected with the costs incurred by the exporter, taking into account 
conditions and terms agreed with the buyer for delivery of the goods, according to Incoterms . 
(b) the amounts for costs in providing guarantees, technical assistance and other after-sales services 
for the product to be exported to Colombia . 
(c) the costs of commission paid in connection with the sales under consideration . Wages paid to 
full-time sales personnel shall also be deducted . 
(d) in cases where the export price is constructed, pursuant to Article 2.2.3.7.2.5 of this Decree, 
costs, including duties and taxes incurred between import and resale, as well as the corresponding 
profits, shall be taken into account.  
 
When a participant in the investigation requests that some adjustment be taken into account , they 
shall furnish evidence that the request is justified , failing which their request shall not be taken into 
account in the investigation . 
The investigating authority shall evaluate the adjustments based on the evidence provided to 
demonstrate that they influence the fair comparison of prices, in order to accept or reject them.  G/ADP/N/1/COL/5  
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  ARTICLE 2 .2.3.7.2.9 . Adjustments to the normal value . The investi gating authority may, 
among other adjustments, make those related to the following factors:  
1. The amount corresponding to a reasonable estimate of the value of the difference in the 
characteristics of the product in question . 
2. The amount of customs duties and indirect taxes actually payable for a like product . 
3. The following selling costs:  
(a) costs of transport, insurance, maintenance, unloading and allied costs incurred in forwarding the 
product in question from the exporter's warehouse to the fi rst independent buyer ; 
(b) costs of the credits granted for the sales in question . The volume of the refund shall be calculated 
in relation to the currency of the invoice ; 
(c) costs of commission paid in connection with the sales in question ; 
(d) wages paid to personnel wholly engaged in direct selling activities shall also be deducted ; 
(e) direct costs of providing guarantees, technical assistance and other after -sales services.  
When a participant in the investigation requests that some adjustment  be taken into account , they 
shall furnish evidence that the request is justified,  failing which the request shall not be taken into 
account in the investigation.  
The investigating author ity shall evaluate the adjustments based on the evidence provided to 
demonstrate that they influence the fair comparison of prices, in order to accept or reject them . 
ARTICLE 2 .2.3.7.2.10 . Margin of dumping . The amount by which the export price is less than 
the normal value . The dumping margin shall be established on the basis of a comparison of the 
weighted average normal value and a weighted average of prices of all comparable export 
transactions or by a compar ison of normal value and export prices on a transaction -to-transaction 
basis.  
The margin of dumping may be calculated by comparing the normal value established on a weighted 
average basis to individual export prices if the investigating authority finds a p attern of export prices 
which differs significantly among different purchasers, regions or time periods, and if an explanation 
is provided as to why such differences cannot be duly taken into account by a weighted average or 
transaction -to-transaction comp arison.  
PARAGRAPH: In cases where products are not imported directly from the country of origin but are 
exported to Colombia from a third country, the price at which the products are sold from the country 
of export to Colombia shall normally be compared with the comparable price in the country of export . 
However, comparison may be made by the investigating authority with the price in the country of 
origin if, for example, the products are merely transhipped through the country of export, or such 
products are not produced in the country of export, or there is no comparable price for them in the 
country of export.  
SECTION III  
DETERMINA TION OF THE EXISTENCE OF DUMPING IN COUNTRIES WITH  
SIGNIFICANT STATE INTERVENTION  
ARTICLE 2 .2.3.7.3.1 . Significant state intervention  and normal value . Significant  state 
intervention regarding the product under investigation may be deemed to exist when, inter alia , the 
prices or costs of the product, including the  costs of the  raw material s, are not the result of free 
market forces because they are affected by state intervention . G/ADP/N/1/COL/5  
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  For this purpose , in determining the existence of state intervention, the potential impact of the 
following circumstances, inter alia , may be take n into consideration : 
- the market in question being served to a significant extent by enterprises which operate under 
the ownership, control or policy supervision or guidance of the authorities of the exporting 
country ; 
- the state presence in enterprises  allowing the state  to interfere with re spect to prices or costs ; 
- public policies or measures in favour of domestic suppliers or otherwise influencing free market 
forces ; and 
- access to finance granted by institutions which implement public policy objectives . 
In the case of imports originating in countries with significant state intervention , the normal value 
shall be determined : 
- on the basis of the price at which a like product is sold for domestic consumption  in a third country 
with an ordinary market economy or, failing th at, for export , or on the basis of any other method 
deemed  appropriate by the investigating authority to determine the normal value ; 
- when selecting a third country, any reasonably available evidence used justify  the selection of 
that country in accordance with the legislation in force  must be submitted , and the following 
aspects, inter alia , shall be taken into account : the production processes in the selected third 
country and in the country of origin or export of th e product under investigation , the scale of 
production  and the quality of products.  
The product on the basis of which the normal value is determined shall originate in the substitute 
country . When the normal value is determined according to the export pric e in a substitute country, 
that price shall be related to a market other than Colombia.  
In any case, the price comparison must be conducted at the same level of marketing , for which the 
investigating authority shall deduct any costs prevent ing an accurate price comparison.  
SECTION IV 
DETERMINATION OF THE EXISTENCE OF MATERIAL INJURY , THREAT OF MATERIAL 
INJURY, RETARDATION OF THE ESTABLISHMENT OF A DOMESTIC INDUSTRY  
AND THE CAUSAL LINK  
ARTICLE 2 .2.3.7.4.1 . Existence of material injury . A determinati on of injury shall be based on 
positive evidence and shall involve an objective examination of the effect of the dumped imports on 
the domestic industry producing like goods . This shall be conducted  through the examination of the 
following elements : 
1. Behaviour of all economic factors and indices having a bearing on the state of the domestic 
industry, including actual or potential decline in sales, profits, output, market share, productivity, 
return  on investment or utilization of capacity, factors affecting domestic prices, the magnitude of 
the margin of dumping, actual or potential negative effects on cash flow, inventories, employment, 
wages, growth, ability to raise capital or investments.  
The fo regoing list is not exhaustive nor can one or several of these factors necessarily give decisive 
guidance.  
2. Volume of dumped imports . It shall be  determine d whether there has been a significant increase, 
either in absolute terms or relative to total prod uction or consumption in the country , inter alia . The 
volume of dumped imports shall normally be regarded as negligible if the volume of dumped imports 
from a particular country accounts for less than 3 % of the imports of the like products into Colombia, 
unless countries which individually account for less than 3 % of imports of the like products in G/ADP/N/1/COL/5  
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  Colombia collectively account for more than 7 % of such imports.  
3. The effect of the dumped imports on prices . The investigating authority shall take into accoun t, 
inter alia , whether there has been significant price undercutting by the product under consideration 
as compared with the price of the like product made in Colombia, or whether the effect of such 
imports is otherwise to depress prices to a significant degree or prevent price increases which 
otherwise would have occurred on the part of the domestic industry.  
4. The demonstration of the causal link between the dumped imports and the injury to the domestic 
industry shall be based on an examinat ion of all relevant evidence available to the investigating 
authority at each stage of the investigation and shall include, among other things, an evaluation of 
all the relevant economic factors and indices mentioned in subparagraphs 1, 2 and 3 of this Art icle. 
5. The investigating authority shall examine any known factors other than the dumped imports which 
at the same time are injuring the domestic industry in order to follow the principle of non -attribution 
of the injury caused by this other factor to th e dumped imports . Factors which may be relevant in 
this respect include examining the volume and the prices of imports not sold at dumping prices, 
contraction in demand or changes in the patterns of consumption, trade -restrictive practices of 
foreign and C olombian producers and competition between them, developments in technology, and 
the export performance and productivity of the domestic industry.  
FIRST PARAGRA PH: The effect of the dumped 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 criteria such as the production process, producers' sales and profits . If 
such separate identification is not possible, the effects of the dumped imports shall be assessed by 
examining the production of the narrowest group or range of products, which includes the like 
product, for which the necessary information can be provided.  
SECOND PARAGRAPH : The absence of negative trends or the presence  of positive trends, in 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 link between the dumped imports and that material injury.  
ARTICLE 2 .2.3.7.4.2 . Threat of material injury . When an applicant considers that the request 
for application of an anti -dumping duty is justified even before the injury has occurred, it shall be 
based on facts and not merely on allegation, conjecture or remote possibility . The determ ination of 
this threat of material injury from dumped imports shall also take into account the imminent 
occurrence of the factors described in Article 2.2.3.7.4.1  of this Decree, including the existence of 
such factors as:  
 1. a significant rate of increase of dumped imports into the Colombian market indicating the 
likelihood of substantially increased import s. The likelihood of substantially increased 
importation may also be determined on the basis, inter alia , of the following facts: the existence 
of a supply or sales contract, the award of a tender, a negotiable offer or other comparable 
contract . The existence of letters of credit for payment abroad of imports of the product under 
consideration may also be taken into account . 
 2. sufficient freely disposable, or an imminent, substantial increase in, capacity of the exporter, 
indicating the likelihood of a substantial increase in dumped exports to the Colombian market, 
also taking into account the availability of other export ma rkets to absorb any additional exports.  
 3. the fact that the product under consideration is being imported at prices that will have a 
significant depressing or suppressing effect on domestic prices or the sales volumes of domestic 
producers and would like ly increase demand for further imports ; and 
 4. inventories of the product under consideration in the country of export.  
FIRST PARAGRAPH : No one of these factors by itself can necessarily give decisive guidance, but 
all or some of the factors considered must lead to the conclusion that further exports at dumping 
prices are imminent and that, unless remedial action is taken, material injury would occur.  G/ADP/N/1/COL/5  
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  SECOND PARAGRAPH : The causal link between imports at dumping prices and the threat of 
materia l injury shall be assessed taking into account the likely effects on the economic factors and 
indices and in conformity with the provisions of subparagraph 4 of the preceding Article . 
ARTICLE 2 .2.3.7.4.3 . Material retardation of the establishment of a dome stic industry . In 
determining material retardation of the establishment or the expansion of an industry in Colombia, 
the investigating authority shall examine, inter alia , the following factors : 
1. feasibility studies, loans negotiated and contracts for pr ocurement of machinery  and immovable 
property  relating to new investment projects or the expansion of existing plant s or proof of the 
cancellation or retardation of a planned project ; 
2. the existence of dumped imports ; 
3. the appropriate and sufficient supply of the market, taking into account the volume of dumped 
imports, the volume of other imports and the actual and potential output of the project;  
4. the share of domestic production compared to the size of the domestic market ; and 
5. any o ther relevant factor . 
FIRST PARAGRAPH : No one of these factors by itself can necessarily give decisive guidance . 
Specific facts shall be put forward in order to sustain claims of retardation, determining the following : 
a. when the production plans were first agreed and confirmed ; 
b. when the goods affected were first imported ; 
c. when dumping of the product under consideration commenced ; and 
d. when the production plans were formally cancelled or postponed . 
SECOND PARAGRAPH : The proof of the causal link between the dumped imports and the material 
retardation of the establishment or the expansion of a domestic industry shall be based on an 
examination of the relevant evidence available to the investigating authority at each stage of the 
investigation and s hall include, among other elements, an evaluation of all the relevant economic 
factors and indices in the subparagraphs of this Article.  
ARTICLE 2 .2.3.7.4.4 . Cumulative assessment of the injury in respect of the establishment 
of a domestic industry . Where imports of a product under consideration come from more than 
one country and are simultaneously subject to an anti -dumping investigation, the investigating 
authority may cumulatively assess the eff ects of such imports if it determines that : 
(a) the margin of dumping established in relation to imports of the product under consideration from 
each supplier country is more than de minimis  and the volume of imports of each product under 
consideration fro m each country is not negligible;  
(b) the cumulative assessment of the effects of the imports is appropriate in the light of the 
conditions of competition between the imported products and the like domestic product.  
ARTICLE 2 .2.3.7.4.5 . Period for examination of injury . Unless the investigating authority 
determines otherwise, the factors mentioned in Article 2.2.3.7.4.1  of this Decree shall be examined 
with reference to a period comprising the three years preceding the submission of the application.  
With regard to threat of injury, the examination period shall be that indicated in the preceding 
paragraph, unless the investigating authority, either ex officio  or upon application of a party, 
specifies another period . G/ADP/N/1/COL/5  
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  SECTION V 
DOMESTIC INDUSTRY  
ARTICLE 2 .2.3.7.5.1 . Concept . For the purposes of this Decree, the term "domestic industry" shall 
be interpreted as referring to domestic producers  as a whole  of like products or to those whose 
collective output of the products constitutes a major proportion o f 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 supported by domestic producers or associations of 
producers of the like product whose collective output constitutes more than 50 % of the total 
production of the like product produced by th e 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 dumped product 
in the country or countries where the application is made and the subsequen t investigation 
conducted or are themselves importers of the product under consideration, this term may be 
interpreted as referring to the remaining producers.  
In the case of fragmented 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, an d 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 into 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 not suffered injury, provided there is a concentration of dumped imp orts 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 production within such market.  
SECTION VI 
INVESTIGATION PROCEDURE  
ARTICLE 2 .2.3.7.6.1 . Initiation of the investigation . The investigation may be undertaken upon 
a written application by or on behalf of the domestic industry . The investigating authority may initiate 
the procedure upon a written application by or on behalf of the domestic industry if it conside rs it 
has suffered injury from imports of like products at dumping prices.  
In special circumstances, the investigating authority may undertake an investigation ex officio  if 
there is sufficient evidence that enables the existence of injury, threat of injur y or material 
retardation caused by the imports at dumping prices to be determined.  
FIRST PARAGRAPH : The period of analysis for ascertaining the existence of dumping shall normally 
be 12  months preceding the date on which the application is filed and shall  never be less than six  
months.  
SECOND PARAGRAPH : The investigating authority shall conduct a process to continuously monitor  
trends in  trade flows to Colombia, in accordance with the regulations issued by the Foreign Trade  
Directorate , taking into account the import and export prices of products of interest on the Colombian 
market . Should elements relevant to  the initiation of an investi gation  be found , the authority shall 
proceed in accordance with the rules laid down in this Decree, by first conducting  an investigation G/ADP/N/1/COL/5  
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  of the domestic industry and then importers and exporters to Colombia . In such cases, the 
investigating authority may, at any time, make use of the information provided by importers and 
exporters during the export process to Colombia, notwithstanding  the fact that it may also take into 
account the information provided by interested parties in an investigation.  
ARTICLE 2 .2.3.7.6.2 . Application by or on behalf of the domestic industry . It shall be 
considered that an application has been made by or on behalf of the domestic industry on the basis 
of the degree of support among domestic producers of the like product allegedly im ported at 
dumping prices.  
ARTICLE 2 .2.3.7.6.3 . Requirements and submission of the application . The application 
mentioned shall include evidence of the dumping, injury and a causal link between the dumped 
imports and the alleged injury that is reasonably available to the applicant.  
The applicant shall indicate whether the injury is material injury, threat of material injury or material 
retardation of this domestic industry . Simple assertion, unsubstantiated by relevant evidence, shall 
not be con sidered 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 Practices Sub -Directorate, using the forms and attaching the 
information a nd 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 , failing which the documentation shall be 
disregarded . 
The application shall also 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 Tourism or its representatives, or any other type of document that reliably 
proves such st atus 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 domestic production of the like product accounted for by such 
producers.  
2. A description of the li ke domestic product in respect of the allegedly dumped product under 
consideration.  
3. A description of the allegedly dumped product under consideration, indicating its commonly used 
tariff heading.  
4. The country or countries of origin and export . The nam es and legal addresses of the importers, 
exporters and foreign producers, if known.  
5. Information on prices at which the product under consideration is sold when destined for 
consumption in the domestic markets of the country or countries of origin or export or, where 
appropriate, information on the prices at which the product is sold from t he country or countries of 
origin or export to a third country or to third countries or on the constructed value of the product . 
This information may be taken, inter alia , from price lists, quotations, invoices, market surveys, 
specialized reviews or impor t statistics.  
6. Information on export prices or, where appropriate, on the prices at which the product is first 
resold to an independent buyer in Colombia.  G/ADP/N/1/COL/5  
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  This information may be taken, inter alia , from price lists, quotations, invoices, market surveys, 
specialized reviews or import statistics.  
7. Information on the trend in the volume of imports of the allegedly dumped product under 
consideration, their effect 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 , in accordance with the provisions laid down 
in Section IV of this Decree . 
In order to assess the injury, the informati on shall be submitted in detail, preferably broken down 
into half -yearly periods.  
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. The evidence it is intended to adduce.  
10. Identification of the confidential documentation, justification of its confidentiality and a non -
confidential summary or version thereof, together with a justification where it cannot be 
summarized.  
11. Power of attorn ey when acting through an agent.  
12. Evidence of the existence and representation of legal persons appearing among the applicants.  
FIRST PARAGRAPH : 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  
SECOND PARAGRAPH : The application referred to in this Article, as well as the compl eted forms 
and the evidence and 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 .2.3.7.6.4 . 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 date of submission of the application to evaluate, as far as possible, 
the accuracy and adequacy of the evidence provided to determine whether there is sufficient 
evidence to justify the initiation of an investigation . If the investigating authority 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 requeste d. 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 to the applicant.  
Determi nation of the grounds for initiating a dumping investigation shall be subject to compliance 
with the following:  
1. Confirmation, by verifying the degree of support for, or opposition to, the application, that it has 
been made by or on behalf of the domesti c industry, in accordance with Article 2.2.3.7.5.1 of this 
Decree . 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 their support for, or opposition to, the application . Where the 
petitioning domestic industry represents over 50 %, this requirement shall be deemed to be fulfilled.  
If no reply is received within the specified per iod, this shall indicate that there has been no expression 
of interest on the part of the domestic producer or association concerned.  G/ADP/N/1/COL/5  
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  2. The existence of evidence that constitutes sufficient proof of dumping, the existence of injury or 
threat of injury or retardation and a causal link between these elements.  
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 
an investigation, the investigating authority may, either ex officio  or at the 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 .2.3.7.6.5 . Confidentiality of the application for an investigation . The 
investigating authority shall av oid any publicizing of the submission of an application for an 
investigation before a decision to initiate an investigation has been made . However, in the period 
prior to the initiation of an investigation, it shall notify the government of the exporting c ountry or 
countries concerned that an application has been submitted.  
ARTICLE 2 .2.3.7.6.6 . Initiation of the investigation . If, in evaluating the application, the 
Foreign Trade Directorate finds that there are grounds for initiating an investigation, it sh all adopt a 
reasoned resolution to that effect to 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 .2.3.7.6.7 . 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 questionnaires designed for the purpose of requiring information on the case 
may be consulted . Furthermor e, 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 substantiated position 
and present or request the evidence they consider relevant, within the time -frame fo r 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 of 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 official 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 party 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 .2.3.7.6.8 . 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 the 
application to the foreign producers, exporters, authorities of the exporting country, and  the other 
interested parties which so request, subject to the requirement to protect confidential information.  
ARTICLE 2 .2.3.7.6.9 . Preliminary determination . Within a period of two months of the day 
following the date of publication of the resolution ini tiating the investigation, the Foreign Trade 
Directorate shall, in a reasoned resolution, announce the preliminary results of the investigation 
and, where appropriate, shall order the imposition of provisional duties . The resolution in question 
shall be pu blished in the Official Journal.  
Within five days following the publication of the resolution , a copy will be forwarded to the Member 
country or countries whose products are the subject of the  determination or undertaking  in question , G/ADP/N/1/COL/5  
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  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 
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 the 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 .2.3.7.6.10 . 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 
provisions laid down in the WTO Anti-Dumping Agreement.  
The period for the examination of evidence , at the request of a party,  shall expire one month after 
the date of publication of the resolution containing the prelim inary 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 Trade Practices Committee.  
The investigating authority may order the examination of evidence or information and may request 
them in the country or countries of origin of the product under investigat ion. The foregoing shall be 
without prejudice to the provisions on verification visit s in the territory of the country of origin of 
the product under investigation.  
ARTICLE 2 .2.3.7.6.11 . Visits for verification purposes . For the purpose of verifying information 
received or obtaining more elements needed for the review or corresponding exam ination, 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 verifi cation 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 this peri od, 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 invest igating 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 assess t he 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.  
ARTICLE 2 .2.3.7.6.12 . Verification visits in the country of origin . The investigating authority 
may make verification visits in the territory of the country of origin of the product under 
investigation, subject to appropriate notification to the government of the c ountry in question and 
provided that there is no objection to the visit.  
The results of the verification visits shall be made known to all interested parties by the investigating 
authority, except for any relevant confidential information.  
The verification team may include government officials or non -governmental experts, who may be 
subject to penalties if they fail to comply with the provisions on the confidential nature of the 
information . The inclusion of such officials or experts shall be no tified to the enterprises and national 
bodies in the country where the enterprises to be visited have their legal domicile.  G/ADP/N/1/COL/5  
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  The investigating authority shall assess the need to conduct verification visits in the territory of the 
country of origin 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 . 
ARTICLE 2 .2.3.7.6.13 . Public hearings of interested parties . Within five da ys 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 i nterested 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 preliminary 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 authori zed 
technical means . 
The convening and h olding 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 whic h 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 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 period 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 hearin g 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 circular, the guidelines 
for conduct ing hearings.  
ARTICLE 2 .2.3.7.6.14 . Arguments . Within 10 days following the expiry of the period for the 
examination of evidence, interested parties in the investigation , at the request of a party,  shall be 
given an opportunity to submit their arguments and v iews concerning the investigation in writing 
and to rebut the evidence adduced and examined therein.  
ARTICLE 2 .2.3.7.6.15 . Best information available . In cases in which any interested party 
refuses access to, or otherwise 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 available, 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 request explanations from the interested party that is providing the 
information or evidence . If the authority considers that the explanations of the intere sted party are 
not satisfactory, it shall state the reasons for which it has partially or wholly rejected th e evidence 
or information presented in the determinations published.  
ARTICLE 2 .2.3.7.6.16 . Communication of essential facts and submission of final report . 
Within a period of two months following publication of the resolution adopting the preliminary G/ADP/N/1/COL/5  
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  determination , the investigating authority shall send the interested parties participating in the 
investigation a document containing the essential  facts which  form the basis for the decision whether 
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 shall send a copy of this action to the Trade Practice s 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 2.2.3.7.6.14 of this Decree.  
Comments shall be sent to the investigating authority, failing which they  will be disregarded . The 
investi gating 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 co rresponding 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 .2.3.7.6.17 . Conclusion of the investigation . Within five days following the 
formulation of the recommendation by the Committee referred to in the preceding Article, the 
Foreign Trade Directorate shall adopt the appropriate decision in a reasoned resolution.  
This resolution 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 .2.3.7.6.18 . Early termination . An investigation may be deemed concluded at any 
time, inter alia , if the margin of dumping is de minimis  or the volume of imports is negligible 
according to the terms defined in subparagraph  (h) of Article  2.2.3.7.1.1 and paragraph  2 of 
Article  2.2.3.7.4.1 of this Decree.  
If the requesting party withdraws its application for the imposition of provisional or definitive 
measures before the Foreign Trade Directorate has taken any decision, the investigation may 
immediately be deemed to have been concluded.  
If the aforementioned withdrawal occurs after the Foreign Trade Directorate has decided to impose 
provisional measures, these shall be annulled ex officio . 
ARTICLE 2 .2.3.7.6.19 . Access to the electronic record . In the course of the investigation, any 
person may have access to the non -confidential documents referred to in this Decree.  
ARTICLE 2 .2.3.7.6.20 . Confidentiality of documents . When initiating the investigation, the 
investigating authority shall open a separate file in which s hall 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 documents shall furnish non -confidential summaries thereof, 
together with appropriate justification for the request for confidentiality . These summaries sh all 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 cross ed out.  
In exceptional circumstances, duly substantiated, such parties may indicate that such information is 
not susceptible of summary . If the investigating authority considers that the documents provided as G/ADP/N/1/COL/5  
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  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 unwilling to do so.  
The confidential nature of a document shall not prevent the authorities from requesting it for the 
proper exercise of their func tions. 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 authority 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.  
FIRST PARAGRAPH : The treatment established in this Article shall be accorded t o any classified 
public information provided for in Article 18 of Law No. 1712 of 2014 or the legislation replacing, 
amending or repealing it . 
SECOND PARAGRAPH : When, pursuant to this Article, documents are provided as confidential and 
non-confidential summaries are not supplied, or the confidentiality is not waived without any 
justification, these documents shall be disregarded in the investigation.  
SECTION VII  
 
IMPOSITION AND COLLECTION OF ANTI -DUMPING DUTIES  
ARTICLE 2 .2.3.7.7.1 . Anti-dumping duties . The Foreign Trade Directorate may determine and 
order the collection of anti -dumping duties on any dumped import found to be causing or threatening 
to cause material injury to the domestic industry or materially retarding the establishment of such 
an industry.  
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.  
ARTICLE 2 .2.3.7.7.2 . Calculation of duties . Whenever the information so permits and the 
characteristics of the investigation so allow, duties may be calculated at the full margin of dumping 
or less in order to eliminate the material injury, threat of material injury or material retardation of 
a domes tic industry.  
For this purpose, the following may be taken into account : 
(a) the price of the imported product in the domestic market as compared with the price of the 
domestic product ; 
(b) the prices at which the product is sold in the domestic market ; 
(c) the impact of the measures on the domestic market . 
The application of anti -dumping duties shall not be imposed in an amount greater than the margin 
of dumping.  
ARTICLE 2 .2.3.7.7.3 . Provisional duties . To prevent injury being caused during the i nvestigation 
period, the Foreign Trade Directorate of the Ministry of Trade, Industry and Tourism may, by a 
reasoned resolution subject only to direct revocation, impose provisional duties where, after 
affording the party being investigated reasonable oppo rtunity to participate in the investigation by 
replying to the questionnaires issued for the purpose, it makes a preliminary finding of the existence 
of dumping of the imports subject to investigation that are causing injury to the domestic industry G/ADP/N/1/COL/5  
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  and de ems that such measures are necessary to prevent injury being caused during the 
investigation.  
Provisional duties shall be applied for a period not exceeding four months, unless they are specifically 
requested by a representative proportion of the exporters, in which case they shall be applied for a 
period not exceeding six months pursuant to Article  7.4 of the WTO Anti -Dumping Agreement.  
When the authorities, in the course  of an investigation, examine whether a duty lower than the 
margin of dumping would be sufficient to remove injury, provisional duties may be applied for a 
period of six or for a period of nine months  at the request of  exporters representing a significant 
percentage of the trade in question . 
The amount of the provisional anti -dumping duties shall be stated in the resolution establishing them 
and shall be paid by all importers on imports of the product which has been found to be imported at 
dumping prices an d to be causing injury to an industry in Colombia.  
The aforementioned resolution shall be published in the Official Journal , and communicated in the 
manner and within the time -limits laid down in Article 2.2.3.7.6.8. of this Decree . A copy of this 
resoluti on shall be sent to the National Revenue and Customs Directorate (DIAN), for action within 
its competence.  
ARTICLE 2 .2.3.7.7.4 . Provision of security . Where provisional anti -dumping duties are adopted, 
in lodging their import declaration importers may opt to pay the respective duties or provide the 
National Revenue 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.  
ARTI CLE 2 .2.3.7.7.5 . Definitive duties . When a definitive anti -dumping duty is imposed, it shall 
be collected in the amounts indicated in the relevant resolution  on imports of the product found to 
be dumped and causing injury to an industry i n 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 anti -dumping 
duty should be equal to or less than the margi n of dumping, in order to remove the injury.  
ARTICLE 2 .2.3.7.7.6 . Imposition of duties on massive imports or for non -compliance . 
Without prejudice to the provisions in the preceding Article, the Foreign Trade Directorate may order 
the imposition of definit ive duties on imports already made, in the following circumstances:  
1. If injury is caused by massive dumped 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  2.2.3.7.9.2 of this Decree , on imports declared within the 90 days preceding the date of 
imposition o f 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 characterized 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 investigation.  
The size of the market for the product investigated shall also be taken into consideration in each 
specific case.  
ARTICLE 2 .2.3.7.7.7 . Retroactivity . Notwithstanding the provisions in th e preceding Articles, 
when a definitive determination of injury or threat of injury is made, if the effect of the dumped 
imports would, in the absence of provisional measures, have led to a determination of injury, 
anti-dumping duties may be levied retroac tively for the period for which provisional measures have 
been applied.  G/ADP/N/1/COL/5  
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  The aforementioned retroactivity shall also apply to products  that were  entered for consumption not 
more than 90 calendar days prior to the date of application of provisional measures when it is 
determined, in relation to the dumped product under consideration, that there is a history of 
dumping causing injury or that the importer was, or should have been, aware of the dumping 
practice and that such dumping would cause injury and was at tributable to massive imports of a 
dumped product within a relatively short time which are likely to seriously undermine the remedial 
effect of the definitive anti -dumping duty to be applied, provided that interested importers have 
been given an opportunit y to put forward the comments they deem relevant.  
ARTICLE 2 .2.3.7.7.8 . Application and duration of definitive anti -dumping duties . An 
anti-dumping duty shall expire in five years, or in a shorter period where this proves sufficient to 
eliminate the injury . In any event, an anti -dumping duty may be extended when the causes which 
gave rise to it persist.  
The National Revenue and Customs Directorate (DIAN) shall apply the anti -dumping duties in 
accordance with the legal provisions and the resolution imp osing the duties, as well as the rules 
concerning collection, provision of security, procedures and other matters relating to tariff charges.  
Under no circumstances shall i nvestigations in progress  hinder the introduction of the goods into the 
national territory.  
No imported product from the same country may be subject to both anti -dumping and countervailing 
duties to compensate for the same situation of dumping  or subsidization . 
ARTICLE 2 .2.3.7.7.9 . Anti-circumvention measures . Circumvention shall be defined as a 
change in the pattern of trade between the country on which the anti -dumping duty has been 
imposed or third countries and Colombia, stemming from a practice, process or work for which there 
is insufficient cause or economic justification other  than the imposition of the anti -dumping duty, 
and where there is evidence that the remedial effects of the duty are being nullified in terms of the 
prices or quantities of the like product.  
In cases of circumvention measures in force, the anti -dumping dut ies imposed pursuant to this 
Decree may be extended to imports of like products or parts thereof from third countries or countries 
subject to the anti -dumping duty.  
Without prejudice to other cases of circumvention, an assembly operation in Colombia or in a third 
country shall be considered to circumvent the measures in force if the following conditions are met:  
1. Imports coming from the country subject to the duty of another product that has the same general 
characteristics and uses as the product under consideration . 
2. The parts or components have been obtained in a country subject to the duties in force, from the 
exporter or producer to whom the definitive duty is applied, from suppliers of the exporter or the 
producer or from a party in the expo rting country which acts as supplier on behalf of the exporter 
or producer.  
3. The product assembled or finished with such parts or components in Colombia is the like product 
to that subject to definitive duties.  
4. There is evidence of dumping of the product produced with such parts, on the basis of a 
comparison of the price of the product assembled or finished in Colombia or in a third country and 
the normal value previously established for the like product when subjected to the definitive 
anti-dumpin g duty.  
5. The operation began or increased substantially from the moment of initiation of the anti -dumping 
investigation or just before its initiation.  
6. The parts account for 60 % or more of the total value of the parts of the assembled product.  G/ADP/N/1/COL/5  
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  Neverthe less, circumvention shall not be deemed to exist if the combined value added of the parts 
used during the assembly operation is 40 % or more of the cost of production or meets the rules of 
origin requirement in the respective free -trade agreement signed by Colombia.  
PARAGRAPH : The facts described above may be evaluated in an investigation to be initiated by the 
Foreign Trade Directorate ex officio  at the request of a party and subject to a reasoned resolution, 
and in respect of which the provision of security may be required for imports of the products from 
the countries of origin under investigation . The request shall contain sufficient evidence of the factors 
that cause the circumvention . The investigation shall be carried out by the Trade Practices 
Sub-Directorate, which may request an opinion from the customs authorities prior to or in the course 
of initiating the investigation  and send the relevant information for review by the subsequent control 
process within its competence . 
The investigation sha ll be concluded within a maximum of four months . If the facts justify the 
extension of the measures, that shall be decided by the Foreign Trade Directorate, which , on the 
recommendation of the Trade Practices Committee, may impose definitive anti -dumping duties . For 
this purpose, where applicable, the procedural provisions in Section VI  of this Decree on initiating 
and undertaking investigations shall be applicable.  
SECTION  VIII 
REFUND OF EXCESS DUTIES PAID  
ARTICLE 2 .2.3.7.8.1 . Provisional duties . There sh all 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 the definitive duties are lower than the provisional duties paid or covered by 
security in an amo unt equivalent to the difference between them.  
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 refunded.  
The National Revenue 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 re peal it. 
ARTICLE 2 .2.3.7.8.2 . Definitive duties . When the Foreign Trade Di rectorate, following an 
investigation conducted by the Trade Practices Sub -Directorate in conformity with the following  
Article, determines that the anti -dumping duties paid by the importer are greater than the actual 
margin of dumping, it shall arrange fo r the corresponding excess amount to be refunded, following 
the procedure indicated for reviews for changes in circumstances, as applicable.  
The refund in question shall be made by the National Revenue and Customs Directorate (DIAN).  
ARTICLE 2 .2.3.7.8.3 . Application for investigation . The importer of a product subject to 
definitive anti -dumping duties may request an investigation with a view to obtaining a refund of the 
duties paid in excess of the actual margin of dumping in the immediately pr eceding year . The 
application shall be submitted to the investigating authority within two months following the end of 
that period.  
The application shall contain information on the amount of the refund of anti -dumping duties claimed 
in respect of the perio d in question and shall be accompanied by the import declaration and other 
relevant supporting documents proving the amount and payment of the duty.  
The application for investigation referred to in this Article shall include evidence of the normal value 
and export prices to Colombia, in respect of the exporter or producer on which the duty has been 
imposed . If the importer is not related to the producer or exporter and does not have this information 
directly available, or if the producer or exporter is unwi lling to provide it to the importer, the 
application shall be accompanied by a declaration by the producer or exporter to the effect that the 
margin of dumping has been reduced or eliminated and the relevant evidence shall be furnished 
directly to the inve stigating authority.  G/ADP/N/1/COL/5  
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  If this evidence has not been received within two months of the submission of the application, the 
request shall be deemed to have been withdrawn and the case shall be filed.  
ARTICLE 2 .2.3.7.8.4 . Determinations . In determinations adopted in the course of the 
investigation, the relevant provisions of this Decree shall apply, in particular, when the export price 
is constructed on the basis of the price at which the imported products are first resold to an 
independent b uyer, because there is no export price or because the export price is considered 
unreliable.  
In the latter case, in determining whether and to what extent the refund should be made, the 
investigating authority shall take account of any changes in the norma l value or in the costs incurred 
between the import and resale, and any movement in the resale price which is duly reflected in 
subsequent selling prices, and shall calculate the export price with no deduction for the amount of 
anti-dumping duties paid whe n conclusive evidence of the above is provided.  
ARTICLE 2 .2.3.7.8.5 . Time-limit for refunds . Refunds or definitive duties paid in excess shall be 
authorized by the Foreign Trade Directorate by means of a reasoned resolution within a maximum 
period of 90 da ys from the date of submission of the application by the importer.  
All refunds shall be made by the National Revenue and Customs Directorate (DIAN)  following the 
corresponding authorization . 
PARAGRAPH : The time -limits mentioned above shall not apply if the determination to impose 
definitive anti -dumping duties forming the object of the investigation is subject to judicial review 
proceedings.  
SECTION  IX 
PRICE UNDERTAKINGS  
ARTICLE 2 .2.3.7.9.1 . 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 cea se 
dumped exports to Colombia, as appropriate, in such a way as to eliminate the consequent injury.  
The investigating authority shall only accept price undertakings during the month 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 margin 
of dumping.  
Offers shall not be considered when they do not include the provision of information and an 
authorization to carry out  the verifications which the investigating authority deems necessary to 
verify that such offers are being met or when they offer quantitative restrictions.  
The Foreign Trade Directorate, on the recommendation of the Trade Practices Committee, subject 
to ev aluation by the Trade Practices Sub -Directorate, may suggest price undertakings but no 
exporter shall be forced to accept them . The fact that an exporter does not offer to make such an 
undertaking or does not accept an invitation to do so shall in no way p rejudice the consideration of 
the case.  
ARTICLE 2 .2.3.7.9.2 . Procedure . If price undertakings are submitted, the investigating authority 
shall, in a reasoned resolution  issued by the Foreign Trade Directorate , communicate them within 
ten days following their submission to parties interested in the investigation, granting them 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 aforementione d resolution, 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.  G/ADP/N/1/COL/5  
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  The Trade Practices Committee shall submit a recommendation to the Fo reign Trade Directorate on 
the price undertakings 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 resolution shall be communicated to the Member or Members 
whose products form the  subject of the determination or undertaking , as well as  to other interested 
parties that have expressed an interest 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 
which made the undertaking fails or refuses to provide periodic information relating 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 phase, in the event of it having ended.  
ARTICLE 2 .2.3.7.9.3 . 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 
into dumping, injury and the causal link, unless the party making th e 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 in vestigation until it is completed.  
If the investigation is continued and leads to a negative determination of dumping or injury, the 
undertaking shall immediately lapse, except in cases where such determination is due in large part 
to the existence of pric e 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 undertakings co nsistent with their terms and the provisions of this Decree.  
SECTION  X 
REVIEW AND EXAMINATION OF ANTI -DUMPING DUTIES AND PRICE UNDERTAKINGS  
ARTICLE 2 .2.3.7.10.1 . Administrative reviews . At any time, the investigating authority may , 
either ex officio  or at the request of an interested party provided that at least one year has elapsed 
since the imposition of the definitive anti -dumping duties , the acceptance of the price undertakings  
or sunset review , initiate a review process for the purpose of establ ishing whether there has been a 
change in the circumstances that gave grounds for their imposition or acceptance sufficient to justify 
varying such determination.  
If a foreign producer or exporter subject to the imposition of a definitive duty reduces the export 
price so as to nullify the remedial effect of the duty, the procedure for which this Article provides 
shall be initiated.  
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.  
ARTICLE 2 .2.3.7.10.2 . Purpose of the review . In the application for review, interested parties 
may request that the investigating authority examine the margins of dumping, the normal value and 
the export price determined during the immediately preceding year and, as a consequence of such 
review, to vary or remove the duty imposed or terminate acceptance of the price undertaking.  
Likewise, interested parties may request that the investigating authority examine wh ether the 
continued imposition of the definitive anti -dumping duty or acceptance of the price undertaking is 
necessary to offset the adverse effects of dumping.  
ARTICLE 2 .2.3.7.10.3 . Sunset review . Notwithstanding the foregoing provisions, any definitive 
anti-dumping 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 dumping and injury, or of the 
most recent review under this Article, unless the authorities determine, pursuant to a review initiated G/ADP/N/1/COL/5  
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  before that date on their own initiative or upon a duly substantiated request made by or on behalf 
of the domestic industry within a reasonable period of time prior to that date, that the removal of  
the anti -dumping duty imposed would be likely to lead to continuation or recurrence of the dumping 
and injury it was intended to correct.  
The review may be initiated ex officio  not later than two months before the fifth year calculated in 
accordance with the provisions of the preceding paragraph, or upon request by the domestic 
industry, at least four months before the end of the fifth year.  
The definitive anti -dumping duties shall remain in force pending the outcome of the review.  
PARAGRAPH . The provision s 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 .2.3.7.10.4 . 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 result 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 has been suspended.  
ARTI CLE 2 .2.3.7.10.5 . Review to determine anti -dumping duties for new exporters and 
producers . The investigating authority, at the request of an exporter or producer of the product 
subject to definitive anti -dumping duties, may initiate a review procedure to determine the 
appropriate individual margins of dumping.  
For these purposes, the exporter or pro ducer of the product subject to definitive anti -dumping duties 
shall submit an application accompanied by documentation showing that the exporter or producer 
did not export the product subject to the imposition of anti -dumping duties during the investigati on 
period and is not related to any exporter or producer in the country exporting the product subject 
to anti -dumping duties to Colombia.  
The investigating authority shall carry out a review for the purpose of establishing an individual 
weighted average ma rgin of dumping for such exporter or producer.  
The procedure applicable to these reviews shall be that established in Sections X and XI of this 
Decree , but the time allowed shall be reduced by one quarter.  
While the review under this Article is being carri ed out, the Foreign Trade Directorate shall suspend 
the application of anti -dumping duties on the exports of these producers or exporters . However, 
imports made after the commencement of the procedure may be subject to security while deciding 
whether definitive anti -dumping duties should be imposed on the exports of the said producers or 
exporters and their individual margins of dumping . If the decision is affirmative, anti -dumping duties 
may also be imposed retroactively, from the date of init iation of the review procedure.  
SECTION XI 
PROCEDURE FOR THE REVIEW AND EXAMINATION OF ANTI -DUMPING DUTIES AND 
PRICE UNDERTAKINGS  
ARTICLE 2 .2.3.7.11.1 . Content of applications . The applications for reviews and sunset reviews  
referred to in Sections X and XI of this Decree shall be submitted  through the web application or a 
similar mechanism , failing which the applications  shall be disregarded.  
The a pplication 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 . G/ADP/N/1/COL/5  
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  3. Evidence for the authority to review in accordance with the provisions in Sections X and XI of this 
Decree, i.e. : 
(a) the change in circums tances;  
(b) the need to maintain the duty in order to offset the dumping and/or prevent injury;  
(c) the modification or elimination of the duty imposed;  
(d) determination of the individual margin of dumping.  
4. Evidence it is intended to adduce . 
5. Accounts and financial information concerning production, sales, inventories, prices and profits 
and on the plant capacity and employment . This information shall be submitted in accordance with 
the legislation in force and shall be drawn up by a certified p ublic 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 product subject to the anti -dumping practice from the time at which the practice 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 summa ry. 
8. An offer to provide the authorities with any additional documents they may request and to 
facilitate the verification of the information supplied.  
PARAGRAPH : In the case of reviews for the determination of anti -dumping duties for new exporters 
and p roducers, the information listed in subparagraphs 2 and 6 shall not be required by the authority . 
Nevertheless , information on normal value and export prices shall be furnished.  
ARTICLE 2 .2.3.7.11.2 . Evaluation of the grounds for the application and initiation of the 
review and examination . For the purposes of the evaluation of the application and the initiation 
of the review or examination, the procedure followed shall be that laid down in Section VI of this 
Decree.  
ARTICLE 2 .2.3.7.11.3 . Invitation to participate in the review or examination . Other parties 
interested in taking part in the review or examination shall be convened by the investigating 
authority in accordance with the provisions in Section VI of this Decree.  
ARTI CLE 2 .2.3.7.11.4 . Dispatc h and receipt of questionnaires and delivery of applications . 
Questionnaires and replies thereto, and the delivery of applications to exporters and authorities of 
the exporting country , and the examination of evidence, shall be governed  by the provisions o f 
Section VI if not covered in Sections X and XI of this Decree . 
ARTI CLE 2 .2.3.7.11.5 . Examination of evidence . The period for the examination of evidence at 
the request of a party shall expire one month after the expiration of the period allowed for receiving 
questionnaires . 
ARTI CLE 2 .2.3.7.11.6 . Hearings and arguments . Hearings may be held, once only, as from the 
deadline for replying to questionnaires and up to three days before the expiry of the period for the 
examination of evidence . For this purpose and with regard to the time -limit and submission of 
concluding arguments, the provisions in Section VI of this Decree shall be followed.  
ARTI CLE 2 .2.3.7.11.7 . Conclusions of the review or examination . After two months, the 
investigating authority, on the basis of the evidence and information provided or the best information 
available, shall draw up a technical repo rt bringing to an end the review or examination for which 
Sections X and XI of this Decree  provide . The report shall contain the findings and conclusions with 
respect to the relevant questions of fact and law.  G/ADP/N/1/COL/5  
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  The report concluding the review or examinatio n shall recommend the maintenance, modification or 
removal of the definitive anti -dumping duty or the acceptance of the price undertaking, and the 
communication of essential facts shall be brought forward in accordance with Article  2.2.3.7.6.16 of 
this Decree.  
Within the period specified in this Article, the Foreign Trade Directorate shall convene the Trade 
Practices Committee to present the final results of the review or examination and to form an opinion 
thereon . The aforementione d period may be extended by the Foreign Trade Directorate for up to 10 
days if it considers that special circumstances justify such an extension.  
ARTICLE 2 .2.3.7.11.8 . Final determination . For the purposes of the final determination the 
provisions of Secti on VI of this Decree shall be observed.  
ARTI CLE 2 .2.3.7.11.9 . Termination of the duty imposed . If, as a result of a review under 
Sections X and XI  of this Decree , it is concluded that there is no justification for maintaining a 
definitive anti -dumping duty, the Foreign Trade Directorate shall terminate it immediately and inform 
the National Revenue and Customs Directorate (DIAN) accordingly . 
ARTI CLE 2 .2.3.7.11.10 . Refund of anti -dumping duties . The resolution ordering the removal 
or modification  of the definitive anti -dumping duty shall establish whether it should be refunded by 
the National Revenue and Customs Directorate (DIAN), referring to the DIAN those matters that fall 
within its competence.  
ARTI CLE 2 .2.3.7.11.11 . Access to the record and protection of confidential information . 
For the purposes of access to the record and protection of confidential information in the 
aforementioned procedures, the provisions in Section VI of this Decree shall apply.  
SECTION XII  
SPECIAL RULES APPL ICABLE TO REVIEWS FOR CHANGE OF CIRCUMSTANCES AND 
SUNSET REVIEWS  
ARTICLE 2 .2.3.7.12.1 . Determination of the likelihood of continuation or recurrence of 
injury . In examinations and reviews carried out in accordance with the provisions of Sections X 
and XI of this Decree, 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 impor ts; 
2. the impact on prices and the possible effects of the imports subject to the definitive duty or the 
acceptance of the price undertaking on the domestic industry if they 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 .2.3.7.12.2 . Volume of imports . The investigating authority shall examine whether 
the likely volume of imports of the product subject to anti -dumping duties would be significant if the 
duty imposed were removed or the price undertaking terminated . For this purpose, it may take into 
account relevant economic factors such as the likely increase in production capacity in the exporting 
country, existing inventories of the product subject to anti -dumping duties or price undertakings, as 
well as their likely increases and any barriers to t he import of the product subject to anti -dumping 
duties or price undertakings to countries other than Colombia.  G/ADP/N/1/COL/5  
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  ARTI CLE 2 .2.3.7.12.3 . Impact on price . In evaluating the likely impact on the prices of imports 
of the products subject to the definitive anti -dumping duty or price undertaking, 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 
one or the other is revoked.  
ARTI CLE 2 .2.3.7.12.4 . Effects on the domestic industry . In evaluating the possible effects on 
the domestic industry of imports of the product subject to the definitive duty or the acceptance of a 
price undertaking if they were rem oved 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 output, 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 i ndustry, including efforts to develop a derivative or more 
advanced version of the domestic like product.  
ARTICLE 2 .2.3.7.12.5 . Basis for the determination . The presence or the absence of any factor 
which the investigating authority is required to take int o 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, do not oblige it to reach 
a posit ive determination on the existence of such a possibility.  
PARAGRAPH : Margins of dumping that are de minimis  shall not by themselves be sufficient to 
require the investigating authority to determine that the removal of a definitive duty or the 
termination o f acceptance of a price undertaking would not be likely to lead to the continuation or 
recurrence of sales at less than normal value  
ARTI CLE 2 .2.3.7.12.6 . Cumulation . The investigating authority may cumulatively assess the 
volume and impact of imports 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 there is a likelihood of such imports competing  with each other and 
with domestic like products in the Colombian market.  
PARAGRAPH : The investigating authority may not make the cumulative assessment described in 
the preceding paragraph if it determines that such imports are likely to have no discernibl e adverse 
impact on the domestic industry.  
SECTION XIII  
COMMON PROVISIONS  
ARTICLE 2 .2.3.7.13.1 . Representation and participation of interested parties . In the course 
of the anti -dumping investigation, only those who are authori zed to intervene in the different 
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 sha ll be disregarded.  
Oral interventions that are made during public hearings attended by representatives shall be 
governed by the circular referred to in the paragraph of Article 2.2.3.7.6.13 of this Decree . 
ARTI CLE 2 .2.3.7.13.2 . Single channel for action by interested parties . The Foreign Trade 
Directorate shall issue a circular making it mandatory to establish a  single channe l 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 . 
ARTI CLE 2 .2.3.7.13.3 . Effectiveness of procedures . The procedures set out are not intended to 
prevent the investigating authority from proceeding expeditiously with regard to initiat ing an 
investigation , reaching preliminary or final determinations, whether affirmative or negative, or from G/ADP/N/1/COL/5  
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  applying provisional or final measures, in accordance with relevant provisions of the WTO 
Anti-Dumping Agreement.  
ARTI CLE 2 .2.3.7.13.4 . Technical reports . Following  the adoption of decisions by the Foreign 
Trade Directorate or the submission of the findings of its evaluations to the Trade Practices 
Committee, the Trade Practices Sub -Directorate shall draw up a technical report containing th e 
findings and conclusions reached with respect to all relevant points of fact and law.  
ARTI CLE 2 .2.3.7.13.5 . Content of resolutions, technical reports  on initiation , preliminary 
and definitive determinations . The resolution ordering initiation of the investigation or a separate 
technical report shall contain the following information:  
1. name(s) of the exporting country or countries and the product in question;  
2. date of initiation of the investigation;  
3. description of the dumping practice(s) to be investigated;  
4. summary of the factors on which the allegations of injury, threat of injury or material retardation 
are based ; and 
5. time-limits given to the countries of origin of the product under investigation and interested 
parties to put forward their views.  
Resolutions on the imposition of provisional or definitive measures or separate technical reports shall 
contain sufficiently detailed explanations concerning the preliminary and definitive determinations 
of dumping, injury and the caus al link . Likewise, they shall mention the questions of fact and of law 
on which the acceptance or rejection of the arguments put forward are based.  
In the aforementioned resolutions or reports, the following shall be indicated:  
1. the names of the supplier s or the countries of origin of the product under investigation concerned;  
2. a description of the product;  
3. the amount of the anti -dumping duties determined and the basis on which the existence of 
dumping has been determined.  
Considerations concerning t he determination of injury, threat of injury or material retardation and 
the main grounds on which the determination is based.  
PARAGRAPH : The report referred to in this Article may be produced electronically in accordance 
with the guidelines drawn up by th e investigating authority for this purpose.  
ARTICLE 2 .2.3.7.13.6 . Concurrent investigations . Investigations to establish the correct 
valuation of imports conducted by the National Revenue and Customs Directorate (DIAN),  as well 
as those relating to incorrect tariff classification, under -invoicing and dumping by the Trade Practices 
Sub-Directorate of the Foreign Trade Directorate, may be carried out simultaneously.  
ARTI CLE 2 .2.3.7.13.7 . Inter-institutional cooperation . If, in the course of an administrative 
procedure, the Trade Practices Sub -Directorate has information that leads it to believe that customs 
under -valuation, under -invoicing, incorrect tariff classification or any other practice that may fall 
within the customs competence of the N ational Revenue and Customs Directorate (DIAN), National 
Customs Directorate, may exist, it shall ex officio  forward a copy of all relevant documents, without 
prejudice to continuation of the procedure with regard to matters within its own competence . In this 
case, it shall maintain the confidentiality applicable to the investigating authority and shall take into 
account the provisions in this Decree regarding the protection of confidential information.  
ARTI CLE 2 .2.3.7.13.8 . Forwarding of resolutions . The Trade Practices Sub -Directorate shall 
forward to the National Revenue and Customs Directorate (DIAN) copies of resolutions determining G/ADP/N/1/COL/5  
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  the application of provisional or definitive anti -dumping duties or modifying or suspending those 
already established.  
ARTICLE 2 .2.3.7.13.9 . Responsibilities . For the purposes of this Decree, the Trade Practices 
Committee, the Foreign Trade Directorate and the Trade Practices Sub -Directorate of the Ministry of 
Trade, Industry and Tourism, shall have the following functions:  
Trade Practices Committee : Make recommendations to the Foreign Trade Directorate on price 
undertakings, the results of the final study conducted by the Trade Practices Sub -Directorate in the 
course of the investigation, the imposition, removal, extension or modification of definitive 
anti-dumping 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 possibility of 
authorizing an extension additional to that specified in this Decree for the periods for preliminary 
and final determinations.  
The Committee shall be composed of the following : 
• the Vice-Minister of Foreign Trade, who shall act as Chair;  
• the Vice-Minister of the body most closely linked to the domestic industry affected in the opinion 
of the Committee's Chair;  
• the Director of National Customs;  
• the Deputy Sectoral Director of the National Planning Department;  
• advisers to the Higher Council for Foreign Trade (2); 
• the Superintendent of Industry and Trade or his/her deputy, depending on the issue to be 
addressed ; and 
• the Director for Foreign Trade, who shall take part in the dis cussions but without voting rights.  
In addition to the functions mentioned above, the Trade Practices Committee shall draw up its own 
rules of procedure.  
Foreign Trade Directorate : To adopt a reasoned resolution on the results of the opening or 
initiation of the aforementioned procedures, the preliminary and final evaluation, to impose the 
provisional and definitive duties applicable, to grant or adopt the extensions envisaged in the course 
of the investigation , to extend the  necessary  time-limits so that  the procedure can achieve its 
purpose so as to ensure 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 with the recommendation of the Trade Practices Committee.  
Trade Practices Sub -Directorate : To conduct the investigations covered by this Decree, without 
prejudice to any other responsibilities.  
The Trade Practices Sub -Directorate  shall draw up a study that includes the final results of all 
procedures or investigations.  
ARTICLE 2 .2.3.7.13.10 . Procedures and requirements . The Foreign Trade Directorate shall 
establish the internal procedures, the applications manual, the forms 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.  
ARTI CLE 2 .2.3.7.13.11 . Review . The decisions adopted fo llowing the investigations referred to in 
this Decree may be the subject of the proceedings provided for in the Code of Administrative 
Procedure and the Code of Administrative Litigation.  G/ADP/N/1/COL/5  
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  ARTI CLE 2 .2.3.7.13.12 . Transitional period, entry into force and repeal . This Decree shall 
enter into force on the date of its publication in the Official Journal , and abrogates any provisions 
that conflict with it, in particular Decree No. 1750 of 2015.  
Investigations under way with preliminary determinations at the time of entry into force of this 
Decree shall continue to be governed by the previous regulations until they are completed ." 
For publication and implementation.  
Done at Bogotá, D.C. on 30 December 2 020. 
IVAN DUQUE MARQUEZ  
The Minister  of Finance and Public Credit , 
Alberto Carrasquilla Barrera . 
The Minister of Trade, Industry and Tourism , 
José Manuel Restrepo Abondano . 
 
 
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