G/ADP/N/1/COL/4  
 
12 October 2015  
(15-5315)  Page: 1/28  
Committee on Anti-Dumping Practices  Original: Spanish  
 
  NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLE 18.5 OF THE AGREEMENT 
COLOMBIA  
The following communication, dated 2 October 2015, is being circulated at the request of the 
delegation of Colombia.  
_______________ 
  In accordance with Article 18.5 of the Anti-Dum ping Agreement, the Government of Colombia 
encloses herewith the text of Decree No. 1750 of 2015 regulating the application of anti-dumping 
duties in Colombia. G/ADP/N/1/COL/4 
 
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  OFFICIAL JOURNAL, YEAR CLI, NO. 49.622, 1 SEPTEMBER 2015, PAGE 14 
  
DECREEE NO. 1750 OF 2015 
(September 1) 
 
Regulating the Application of Anti-Dumping Duties 
 
The President of the Republic of Colombia, in exercise of his constitutional and legal powers and in particular those conferred upon him by Article 189, paragraph 25, of the Political Constitution, 
subject to the general provisions of Law No. 7 of 1991, and in implementation of Law No. 170 of 
1994, after consulting the Higher Council for Foreign Trade, 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 tr ade practices and to establish requirements, 
procedures and factors for determining the imposition of duties as appropriate. 
That, in implementation of Article 10 of Law No. 7 of 1991, pursuant to the recommendation of the 
Higher Council for Foreign Trade, and having regard to the need to bring domestic legislation into line with changes in foreign trade, in the light of technical and legislative progress in this field, 
such as that envisaged in Law No. 170 of 15 December 1994 incorporating in the national 
legislation the Agreement Establishing the World Trade Organization (WTO) and the Agreement on 
Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, and for the 
purpose of counteracting material injury to domestic production caused by dumping, the 
National Government issued Decree No. 991 of 19 98 regulating the application of anti-dumping 
duties. 
That the National Government issued Decree No. 2550 of 2010 in order to update the regulations 
in conformity with the administrative structure o f  t h e  M i n i s t r y  o f  T r a d e ,  I n d u s t r y  a n d  T o u r i s m  
established by Decree No. 210 of 2003 and to reor ganize and update the national regulations 
pursuant to the provisions of the Agreemen t on Implementation of Article VI of the 
General Agreement on Tariffs and Trade 1994, repealing Decree No. 991 of 1998. 
HEREBY DECREES THE FOLLOWING: 
 
TITLE I 
GENERAL PROVISIONS 
 
CHAPTER I 
DEFINITIONS 
 
Article 1.  For the purposes of this Decree and pursua nt to the provisions of the WTO Agreement 
on Implementation of Article VI of the Genera l Agreement on Tariffs and Trade, the following 
definitions apply:  
a. Threat of material injury.  The clear imminence of material injury to a domestic industry; 
b. Investigating authority.  The Foreign Trade Directorate of the Ministry of Trade, Industry 
and Tourism, through its Sub-Directorate of Trade Practices;  
c. Injury.  Unless otherwise specified, material injury to a domestic industry, threat of material 
injury to a domestic industry or material retardation of such an industry; 
d. Anti-dumping duty.  Customs duty applicable to imports of products to restore the terms of 
competition distorted by the dumping; 
e. 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/ADP/N/1/COL/4 
 
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  f. Date of sale.  As a general rule, the date of sale is that indicated 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;  
g. Massive imports.  Imports of the product subject to investigation, from the date of 
initiation of the investigation to the date of imposition of provisional measures, the volume 
and other circumstances of which, such as the rapid build-up of inventories, seriously impair 
or could seriously impair the remedial effect of the definitive anti-dumping duty; 
h. 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;  
The margin of dumping shall be considered to be de minimis if it is less than 2%, expressed 
as a percentage of the export price; 
i. Best information available.  Known facts on the basis of which preliminary or final 
determinations, affirmative or negative, may be made in cases in which an interested party 
refuses access to, or otherwise does not provide, necessary information within a reasonable 
period or significantly impedes the investigation; 
j. Month.  Month means an ordinary calendar month;  
k. Ordinary course of trade.  Transactions which reflect market conditions in the country of 
origin carried out habitually or within a repr esentative period between independent buyers 
and sellers;  
l. Material 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 level sufficient to permit the examination of the other two types of injury;  
m. Related parties.  This shall mean specifically the relationship between two or more 
enterprises 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. together they 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" means the power to govern the financial and 
operating policies of an enterprise by having: 
(a) more than one half of the voting power of the enterprise; 
(b) power over more than half of the voting rights by virtue of an agreement with 
other investors; 
(c) such voting rights and power under the enterprise's articles of association or an 
agreement; 
(d) power to appoint or remove the majority of members of the board of directors 
or equivalent governing body; or 
(e) power to cast the majority of votes at  meetings of the board of directors or 
equivalent governing body; G/ADP/N/1/COL/4 
 
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  n. Interested parties.  "Interested parties" shall mean:  
1. the applicant; 
2. exporters, foreign producers or importers of the product under consideration, or trade 
or business associations a majority of members of which 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 like products by comparison with that under investigation, or 
trade or business associations a majority of the members of which produce the said 
product in the national territory; 
5. Colombian or foreign persons other than those indicated above, as determined by the 
investigating authority; 
o. Export price. The price actually paid or payable for the product under consideration sold for 
export to Colombia; 
p. Product under consideration.  The imported product that is the subject of the 
investigation;  
q. 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 production process, channels of distribution, tariff classification, inter alia , may be taken into 
consideration;  
r. Normal value.  In general and in the ordinary course of trade, the comparable price actually 
paid or payable for a like product 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 
established by considering the price for export to a third country or the constructed value.  
In the case of a country with a centrally planned economy, the normal value shall 
correspond to the domestic or export price in a third country with a market economy. 
Article 2. Sphere of application.  This Decree lays down 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 
countries with which Colombia has no international commitments regarding the application of anti-dumping duties. 
 
Article 3. Grounds for the decisions.  Anti-dumping duties shall only be applied following 
investigations initiated and conducted in accordance with the provisions laid down herein. This Decree shall be applied and interpreted in accordance with the provisions of the WTO Agreement 
on Implementation of Article VI of the Ge neral Agreement on Tariffs and Trade 1994. 
The decisions referred to in this Decree shall take international trade agreements into account 
where applicable. Panel and Appellate Body repo rts adopted by the WTO Dispute Settlement Body 
may be considered when conducting investigations. 
Article 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 G/ADP/N/1/COL/4 
 
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  material retardation of the establishment of a domestic industry, provided 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. 
 
TITLE II 
APPLICATION OF ANTI-DUMPING  DUTIES TO MEMBERS OF 
THE WORLD TRADE ORGANIZATION 
 
CHAPTER I 
DETERMINATION OF THE EXISTENCE OF DUMPING 
 
SECTION I 
CALCULATION OF DUMPING 
 
Article 5. Dumping.  A product is considered as being dumped, i.e. imported into the Colombian 
market at a price that is less than its normal valu e, if the export price of the product exported to 
Colombia is less than the comparable price, in the ordinary 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.  
Article 6. Normal value in th e ordinary course of trade.  The amount actually paid or payable 
for a like product imported into Colombia when sold for consumption in the domestic market of the country of origin, in the ordinary course of trade. 
 
Article 7. Determination of the no rmal value in other transactions.  Pursuant to Article 2.2 
of the WTO Agreement on Implementation of Arti cle VI of the General Agreement on Tariffs and 
Trade, when 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 wh en, 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 export price 
for the like product exported to an appropriate third country, provided that it is representative, or 
the price calculated for a like product.  
In the latter case, 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 like products by comparison with 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:  Sales of the like product destined for consumption in the domestic market of the 
exporting country shall be considered a sufficien t quantity for the determination of the normal 
value if such sales constitute 5%or more of 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 8. Exclusion of sales for the determination of the normal value. Without prejudice to 
the provisions of the preceding Article, in determ ining 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 selling price 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 G/ADP/N/1/COL/4 
 
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  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 9. 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 association or relationship 
or a compensatory arrangement between the expo rter 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 reasonab le 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 selling costs, prof its and any commission usually paid or agreed. 
 Article 10. Comparison between the no rmal 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 apply adjustments to allow for differences 
which affect price comparison. 
 Article 11. Adjustments. In order to make a fair comparison between the normal value and the 
export price, adjustments may be made to allow for, inter alia , differences in conditions 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 information 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 that some adjustment be taken into account, he 
shall furnish evidence that the request is justified. 
 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 conversi on shall be made using the rate of exchange on 
the date of sale, provided that when a sale of foreign currency on forward markets is directly 
linked to the export sale involved, the rate of  exchange in the forward sale shall be used. 
 Fluctuations in exchange rates shall be disregarded and in the investigation the authorities shall 
allow exporters up to 60 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 fo r 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 make due allowance for the adjustment elements provided in this Decree for this purpose. 
 
Article 12. Adjustments to the export price. The investigating authority may, among other 
adjustments, make those related to the following factors: 
 
(a) the amounts directly 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; 
 G/ADP/N/1/COL/4 
 
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  (c) the costs of commissions paid in connection with the sales under consideration; wages paid 
to full-time sales personnel; 
 (d) in cases where the export price is constructed, pursuant to Article 9  of this Decree, costs, 
including duties and taxes incurred between import and resale, as well as the corresponding 
profits, shall be taken into account. 
 
Article 13. Adjustments to the normal value. The investigating 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 or indirect taxes actually payable for a like product or materials 
physically incorporated into it when destined for consumption in the country of origin or of export. 
If they are exempt or refunded when the produc t is exported to Colombia, they shall not be 
adjusted. 
 
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 first 
independent buyer; 
 
(b) costs of packaging the product in question; 
 (c) 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; 
 (d) costs of commissions paid in connection with the sales in question;  
(e) wages paid to full-time sales personnel shall also be deducted; 
 (f) direct costs of providing guarantees, technical assistance and other after-sales services. 
 
Article 14. Margin of dumping. The amount by which the export price is less than the normal 
value. The dumping margin shall normally be established on the basis of a comparison of the 
weighted average normal value and a weighted average of prices of all comparable export 
t r a n s a c t i o n s  o r  b y  a  c o m p a r i s o n  o f  t h e  n o r m a l  v a l u e  a n d  e x p o r t  p r i c e s  o n  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 pattern 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 comparison.  
Paragraph:  In cases where products are not imported directly from the country of origin but are 
exported from a third country, the price at which th e 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 tr anshipped 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 II 
SPECIAL CONDITIONS FOR COUNTRIES WITH 
CENTRALLY PLANNED ECONOMIES 
 
Article 15. Normal value. In the case of imports originating in countries with centrally planned 
economies, the normal value shall be determined  on the basis of the comparable price in the 
ordinary course of trade at which a like product is sold in a third country with a market economy G/ADP/N/1/COL/4 
 
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  for domestic consumption - substitute country - or, failing that, for export, or on the basis of any 
other method deemed appropriate by the investigating authority. 
The product on the basis of which the normal value is determined shall originate in the substitute 
country. When the normal value is determined a ccording to the export price in a substitute 
country, that price shall be related to a market other than Colombia. 
For the purpose of selecting and evaluating the re levance of selecting a particular country with a 
market economy from which to obtain the normal value, the investigating authority shall take into 
account, inter alia , the following criteria: 
1. the production processes in the country wi th a market economy and the country with a 
centrally planned economy; 
2. the scale of production; 
3. the quality of the products. 
 
CHAPTER II 
DETERMINATION OF THE EXISTENCE OF MA TERIAL INJURY, THREAT OF MATERIAL 
INJURY, RETARDATION OF THE ESTABL ISHMENT OF A DOMESTIC INDUSTRY 
IN COLOMBIA AND THE CAUSAL LINK 
 
Article 16. Existence of material injury. A determination of injury shall be based on evidence 
and shall involve an objective examination of the effect of the dumped imports on the domestic industry producing like goods. This shall involve an 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 foregoing list is not exhaustive nor can one or several of these factors necessarily give 
decisive guidance. 
2. Volume of dumped imports. It shall be determined whether there has been a significant 
increase, either in absolute terms or relative to total production 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 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 
account, 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 examination 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 Article. 
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 the 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 G/ADP/N/1/COL/4 
 
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  consumption, trade-restrictive practices of foreign and Colombian producers and competition 
between them, developments in technology, and the export performance and productivity of 
the domestic industry. 
First paragraph:  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 such criteria as the pr oduction process, producers' sales and profits. If 
such separate identification is not possible, th e 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 17. 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 determination of this threat of material injury from dumped imports shall also take into account the imminent 
occurrence of the factors described in Article 16 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 imports. 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 markets 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 likely 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. 
Second paragraph: The causal link between imports at dumping prices and the threat of 
material injury shall be assessed taking into account the likely effects on the economic factors 
and indices and in conformity with the provisio ns of subparagraph 4 of the preceding Article. 
Article 18. Material retardation of the establishment of a domestic 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/or contracts for procurement of machinery relating 
to new investment projects or the expansion of existing plants or proof of the cancellation 
or retardation of a planned project; 
2. existence of dumped imports; G/ADP/N/1/COL/4 
 
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  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 volume of domestic production compared to the size of the domestic market. 
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 shall include, among other elements, an evaluation of all the relevant economic factors and indices in subparagraphs 1, 2 and 3 of this Article. 
Article 19. Cumulative assessment of 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 effects 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 from 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 20. Period for examination of injury. Unless the investigating authority determines 
otherwise, the factors mentioned in Article 16 of th is 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 domestic producers show that this period is not relevant. 
In order to assess the injury, the information shall be submitted in detail, preferably broken down 
into half-yearly periods. 
CHAPTER III 
DOMESTIC INDUSTRY 
 Article 21. 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 of them 
whose collective output of the products constitutes a major proportion of the total domestic 
production of those products. 
For the purposes of initiating an investigation, an application shall be considered to have been 
made by or on behalf of the domestic industry if it is supported by those domestic producers 
whose collective output constitutes more than 50 % of the total production of the like product 
produced by that portion of the domestic industry expressing eith er support for or opposition to 
the application. G/ADP/N/1/COL/4 
 
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  In the course of the investigation and solely for the purposes of authentication, if some producers 
are related, in conformity with the concept of rela tionship 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 subsequent investigation conducted or are themselves importers of the product 
under consideration, this term may be interpre ted as referring to the remaining producers. 
No investigation shall be initiated when domestic producers expressly supporting the application 
account for less than 25% of total production of the like product produced by the domestic 
industry. 
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, and the demand in that market is not to 
any substantial degree supplied by producers of th e 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 imports into such an 
isolated market and provided further that the du mped imports are causing injury to the producers 
of all or almost all of the production within such market. 
CHAPTER IV 
INVESTIGATION PROCEDURE 
 
Article 22. 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 considers 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 exis tence of injury, threat of injury or material 
retardation caused by the imports at dumping prices to be determined. 
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. 
Article 23. 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 imported at dumping prices. 
Article 24. Requirements and su bmission 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 considered an application for the purposes of this Decree. 
Likewise, the application shall be drawn up in accordance with the requirements laid down in the 
manual provided by the Trade Practices Sub-Di rectorate, using the forms and attaching the 
information and evidence required therein. G/ADP/N/1/COL/4 
 
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  This documentation may be submitted to and filed with the Correspondence Office in the Ministry 
of Trade, Industry and Tourism. 
The application shall also contain such information as is reasonably available to the applicant on 
the following: 
1. The identity of the applicant: its 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 grou p 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 status and the applicant's percentage of the volume of total production. 
Where an application is made on behalf of the domestic industry, 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 domestic 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 like 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. 
5. The names and legal addresses of the importers,  exporters and foreign producers, if known. 
6. 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 the country or countries of origin or export to a third country or to third co untries 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 import statistics. 
7. Information on export prices or, where appropri ate, on the prices at which the product is 
first resold to an independent buyer in Colombia. 
This information may be taken, inter alia , from price lists, quotations, invoices, market surveys, 
specialized reviews or import statistics. 
8. 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. 
9. An offer to submit the corresponding document s to the authorities for verification of the 
information supplied, and to authoriz e visits for verification purposes. 
10. The evidence it is intended to adduce. 
11. Identification of the confidential documentation, justification of its confidentiality and a 
non-confidential summary or version thereof. 
12. Power of attorney when acting through an agent. 
13. Evidence of the existence and representati on of legal persons appearing among the 
applicants. G/ADP/N/1/COL/4 
 
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  First paragraph: The application shall be accompanied by two copies, one to be placed in the 
public 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 completed forms and 
the evidence and information required therein, may be sent electronically in accordance with the 
guidelines drawn up by the investigating authority for this purpose. 
Article 25. Evaluation of the grounds for the application in order to decide whether to 
initiate an investigation. The investigating authority shall have a period of 20 days as from the 
day following the date of submission of the applicat ion to evaluate, as far as possible, the accuracy 
and adequacy of the information and evidence pr ovided and to decide whether there are grounds 
to initiate 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 establishe d in the first paragraph, which shall start anew 
when the applicant supplies the information reques ted. If, after one month 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. 
 Determination 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 domestic industry, in accordance with Article 21 of this 
Decree. For this purpose, the investigating author ity 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. 
If no reply is received within the specified peri od, this shall indicate that there has been no 
expression of interest on the part of the domestic producer or association concerned. 
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 accura cy 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 10 additional 
days. 
Article 26. Confidentiality of the application for an investigation. The investigating authority 
shall avoid 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 country or countries concerned that an application has been submitted. 
Article 27. Initiation of the investigation. If, in evaluating the application, the Foreign Trade 
Directorate finds that there are grounds for initiating an investigation, it shall adopt a reasoned 
resolution to that effect to be published in the Of ficial 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 28. Dispatch and receipt of questionnaires.  Within five days following the date of 
publication of the resolution ordering the initiation of the investigation, the investigating authority 
shall forward a copy of the resolution to known importers, exporters or foreign producers and to 
the diplomatic or consular representatives of the country of origin and of export, indicating where 
the forms designed for the purpose of requirin g information on the case may be consulted. G/ADP/N/1/COL/4 
 
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  Furthermore, all interested parties shall be convened within the same period by a notice published 
in the Official Journal so that they may express their duly substantiated position and present or 
request the evidence they consider relevant.  
The aforementioned interested parties shall return the forms, 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 their dispatch. 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 Spanish or, failing that, shall be 
accompanied by an official translation. The replie s shall be accompanied by two copies, one to be 
placed in the public file and the other in the confidential file. These requirements shall apply to all 
the documents intended to demonstrate the clai ms made by each party interested by the 
investigation. 
Paragraph: The dispatch and receipt of replies to questionnaires by the interested parties 
mentioned in this Article may be conducted electronically in accordance with the guidelines drawn up for this purpose by the investigating authority. 
Article 29. Notice of the application to fore ign 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 requ irement to protect confidential information. 
Article 30. Prelimin ary determination. Within a period of two months of the day following the 
date of publication of the resolution initiating the investigation, the Foreign Trade Directorate shall, 
in a reasoned resolution, announce the preliminary results of the investigation and, where 
appropriate, shall order the imposition of provisional duties. The resolution in question shall be published in the Official Journal. 
Within five days following its publication, a copy of the resolution shall be forwarded to the 
Member country or countries whose products are the subject of the determination or undertaking in question, as well as to other interested parties that have expressed an interest in the investigation and have supplied their address. 
Where justified by special circumstances, the Fore ign Trade Directorate may, ex officio or at the 
request of an interested party, extend the period indicated for the preliminary determination by up to 20 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 31. Examination of evidence. The investigating authority shall, ex officio or at the 
request of an interested party, examine the evid ence 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 provid ed for in this Decree in conformity with the 
provisions laid down in the WTO Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994. 
The time-limit for examination of evidence shall ex pire one month after the date of publication of 
the resolution containing the preliminary determin ation. 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 investigation, through the G/ADP/N/1/COL/4 
 
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  competent national authorities. The foregoing shall be without prejudice to the provisions on 
verification visits in the territory of the country of origin of the product under investigation. 
Article 32. Visits for verification purposes. For the purpose of verifying information received or 
obtaining more elements needed for the review or corresponding examination, the investigating 
authority may make any verification visits it cons iders relevant at any time during the conduct of 
the investigation or prior to the commencement of the period for submitting arguments. 
The decision and intention to make a verification visit, as well as the agreed dates and places, 
shall be notified to the enterprises concerned at least 10 days in advance of the visit so that they 
may inform the investigating authority of any objections. If no reply is received within this period, the investigating authority may assume that there is no objection. 
Prior to the visit, the enterprises involved sh all be informed of the general nature of the 
information to be verified, as well as any other information which, in the view of the investigating 
authority, should be provided. 
The foregoing shall not prevent the investigating authority from seeking clarification of the 
information obtained or further details in the course of the verification visit. 
Article 33. 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 country 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 notified to the enterprises and 
national integration bodies in the country where the enterprises to be visited have their legal 
domicile. 
Article 34. Public hearings of interested parties. Within 10 days following publication of the 
resolution adopting the preliminary determination, parties interested in the investigation and in 
general any persons who have demonstrated a legitimate interest in the investigation may request the holding of a hearing of interested parties representing different interests so that opposing views may be presented and rebuttal arguments put forward concerning the elements evaluated 
during the investigation up to the preliminary stage. 
In holding such hearings, account shall be taken of the need to protect the confidentiality of the 
information provided. 
The convening and holding of such a hearing shall not place any interested party under an 
obligation to attend and failure to do so shall not be prejudicial to that party's case. 
The investigating authority shall have five days from the day following the application in which to 
convene a hearing. The hearing shall be held with in 15 days from the day following the date of 
submission of the request or of an ex officio  invitation. 
The investigating authority shall only take into account the arguments put forward in the course of 
the hearing if they are reproduced in writing and made available to other interested parties within 
three days following the holding of the hearing. 
Article 35. Arguments. Within 15 days following the expiry of the period for the examination of 
evidence, interested parties participating in the investigation shall be given an opportunity to 
submit their arguments and views concerning the investigation in writing and to rebut the 
evidence adduced and examined therein. G/ADP/N/1/COL/4 
 
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  Article 36. Best information available. In cases in which an interested party refuses access to, 
or otherwise fails to provide, necessary information within a reasonable period or significantly impedes the investigation, preliminary and final determinations, affirmative or negative, may be made on the basis of the facts available. 
If any of the evidence or information presente d is rejected, the investigating authority shall 
provide the reasons for its determination. If the authority considers that the explanations are not 
satisfactory, it shall state the reasons for which it has rejected the evidence or information in the 
determinations published. 
Article 37. Presentation of the final report.  Within a period of three months from the day 
following publication of the resolution adopting the preliminary determination, the Foreign Trade Directorate shall convene the Trade Practices Committee to present the final results of its 
investigation, in order for this Committee to form an opinion. The aforementioned period may be 
extended by the Foreign Trade Directorate for up to 15 days if it considers that special circumstances justify such an extension. 
If the Trade Practices Committee requests more information on the results of the investigation 
from the Trade Practices Sub-Directorate, the meeting may be suspended for a period of 15 days. 
Once the Trade Practices Committee has examined the findings of the investigation, the Trade 
Practices Sub-Directorate shall, within the following three days, 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 the Committee with their comments in writing. These comments may only 
refer to facts or circumstances put forward before th e expiry of the period specified in Article 35 of 
this Decree. 
Replies shall be sent to the Secretariat of the Trade Practices Committee, which shall present them 
to the Committee, together with the comments of the Trade Practices Sub-Directorate, within a 
period of 10 days, so that the Committee may co nsider them and make a final recommendation to 
the Foreign Trade Directorate. 
Article 38. Conclusion of the investigation. Within 10 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 shall be sent to the Member country or co untries 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 address. The copies may be sent 
electronically in accordance with the guidelines drawn up by the investigating authority for this 
purpose.  
Article 39. 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 1 and paragraph 2 of Article 16. 
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 shall 
immediately be deemed to have been concluded. 
If the aforementioned withdrawal occurs after th e Foreign Trade Directorate has decided to impose 
provisional measures, these shall be annulled ex officio. 
Article 40. Access to the record. In the course of the investigation, any person may have 
access to the non-confidential documents referred to in this Decree. 
Article 41. Confidentiality of documents. When initiating the investigation, the investigating 
authority shall open a separate file in which shall be placed the documents which the authorities, 
the applicant or the interested parties provide on  a confidential basis. Such documents shall be G/ADP/N/1/COL/4 
 
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  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 shall be 
in sufficient detail to permit a reasonable understanding of the substance of the information 
submitted and shall be in the form of an indicati on of the figures and information provided in the 
confidential version or parts of the text shall be crossed out. 
In exceptional circumstances, duly substantiated, parties may indicate that such information is not 
susceptible of summary. If the investigating authority considers that the documents provided as confidential are not confidential in nature, it shall request the person providing them to waive such confidentiality or to state the reasons why they are unwilling to do so. 
The confidential nature of a document shall not prevent the authorities from requesting it for the 
proper exercise of their functions. The auth orities shall be responsible for ensuring the 
confidentiality of such documents as they receiv e 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. 
Paragraph: When, pursuant to this Article, docume nts 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. 
CHAPTER V 
IMPOSITION AND COLLECTION OF ANTI-DUMPING DUTIES 
 
SECTION I 
ANTI-DUMPING DUTIES 
 
Article 42. 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 or in accordance with a base price. 
Article 43.  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 
domestic industry. 
For this purpose, the following may be taken into account: 
(a) the price of the imported product in the domest ic market as compared to the price of the 
domestic product; 
(b) the price 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 44. Provisional duties. To prevent injury being caused during the investigation 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 opportunity to participate in the investigation by replying to G/ADP/N/1/COL/4 
 
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  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 and deems 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 Agreement on 
Implementation of Article VI of the General Agreem ent on Tariffs and Trade. 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 months or, at 
the request of a party, for a period of nine months. 
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 and 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 29 of this Decree. A copy of this resolution shall be sent to the National Revenue and Customs Directorate (DIAN), for action within its 
competence. 
Article 45. Provision of security. Where provisional anti-dumping duties are adopted, in lodging 
their import declaration importers may opt to pay the respective duties or to provide the National Revenue and Customs Directorate (DIAN) with se curity for payment. The security shall be 
provided for the term indicated in the resolution adopting the duty and in accordance with the 
relevant customs regulations. 
Article 46. Definitive duties. When a definitive anti-dumping duty is imposed, it shall be 
collected in the amounts indicated in the relevant resolution, irrespective of the importer, on 
imports of the product found to be imported at dumping prices and to be causing injury to an industry in Colombia. 
The Ministry of Trade, Industry and Tourism, af ter consulting 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 margin of dumping, in order to remove the injury.  
Article 47. Imposition of duties on massive imports or for non-compliance.  Without 
prejudice to the provisions of the preceding Articl e, the Ministry of Trade, Industry and Tourism 
may order the imposition of definitive duties on imports already made, in the following 
circumstances: 
1. If injury is caused by massive dumped import s, 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 57 
of this Decree, on imports declared within the 90 days preceding the date of imposition of the 
provisional duties, but under no circumstances on imports declared prior to such non-compliance. 
Paragraph: The massive imports referred to in this Article shall be so characterized in the light of 
their trend between the date of initiation of th e investigation and the date of imposition of 
provisional measures, relative to the trend in im ports 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 48. Retroactivity. Notwithstanding the provisions of the 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 G/ADP/N/1/COL/4 
 
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  duties may be levied retroactively for the period for which provisional measures have been 
applied. 
The aforementioned retroactivity shall also apply to products 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 und er consideration, that there is a history of 
dumping causing injury or that the importer wa s, or should have been, aware of the dumping 
practice and that such dumping would cause injury and was attributable 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 opportunity to put forward the comments they deem relevant. 
Article 49. Application and duration of definitive anti-dumping duties.  An anti-dumping 
duty shall expire in five (5) years, or in a shorter period where this proves sufficient to eliminate 
the injury. In any event, an anti-dumping duty ma y be extended when the causes which gave rise 
to it persist.  
The National Revenue and Customs Directorate (D IAN) shall apply the anti-dumping duties in 
accordance with the legal provisions and the resolution imposing the duties, as well as the rules concerning collection of duty, provision of security, procedures and other matters relating to tariff 
charges. 
Under no circumstances shall investigations in progress hinder the introduction of the goods into 
the national territory. 
No imported product from the same country may be subject to both anti-dumping and 
countervailing duties for the purpose of dealing with one and the same situation arising from 
dumping or subsidization. 
SECTION II 
ANTI-CIRCUMVENTION MEASURES 
 
Article 50. Anti-circumvention measures. Circumvention shall be defined as a change in the 
pattern of trade between the country on which th e 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 duties 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 th e 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 defi nitive duty is applied, from suppliers of the 
exporter or the producer or from a party in the exporting 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 a like 
product to that subject to definitive duties. 
4. There is evidence of dumping of the product pr oduced 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 G/ADP/N/1/COL/4 
 
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  the normal value previously established for the like product when subjected to the definitive 
anti-dumping 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. 
Nevertheless, 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 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. The investigation shall be concluded within a maximum of 
five months. If the facts justify the extension of the measures, that shall be decided by the Foreign 
Trade Directorate, which, after consulting the Trade Practices Committee, may impose definitive 
anti-dumping duties. For this purpose, where applic able, the procedural provisions in Chapter IV of 
this Decree on initiating and undertaking investigations shall be applicable.  
CHAPTER VI 
REFUND OF EXCESS DUTIES PAID 
 
SECTION I 
PROVISIONAL DUTIES 
 
Article 51. Provisional duties. There shall be a refund of provisional duties paid or the security 
provided for this purpose shall be cancelled or collected in a reduced amount, as appropriate, 
when the definitive duties are lower than the provisional duties paid or covered by security in an amount equivalent to the difference between them. 
Where definitive duties are not established, the ca ncellation 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 (DIA N) shall refund excess amounts in accordance 
with Title XVIII of Decree No. 2685 of 1999 or any provisions that may replace, amend or reform 
it. 
 
SECTION II 
DEFINITIVE DUTIES 
 
Article 52. Refund of excess duties paid. When the Foreign Trade Directorate, following an 
investigation conducted by the Trade Practices Sub-Directorate in conformity with the preceding 
Article, determines that the anti-dumping duties paid by the importer are greater than the actual 
margin of dumping, it shall arrange for the corre sponding 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 53. 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 preceding year. The application 
shall be submitted to the investigating authorit y 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 period in question and shall be accompanied by the import declaration 
and other relevant supporting documents prov ing the amount and payment of the duty. G/ADP/N/1/COL/4 
 
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  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 unwilling 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 investigating authority. 
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 54. 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 prod ucts are first resold to an independent buyer, 
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 normal 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 when co nclusive evidence of the above is provided. 
Article 55. Time-limit for refunds. Refunds of definitive duties paid in excess shall be 
authorized by the Foreign Trade Directorate by means of a reasoned resolution within a maximum period of six months from the date of submission of the application by the importer. 
The refund shall be made by the National Revenue  and Customs Directorate (DIAN) within a period 
not exceeding two months from 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. 
CHAPTER VII 
PRICE UNDERTAKINGS 
 
Article 56. Price undertakings. The Trade Practices Committee shall evaluate those cases in 
which the producers or exporters of the product investigated offer, through the investigating 
authority, at its suggestion or at the initiative of the parties, to revise the export prices or to cease 
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 two months following 
the date of publication of the resolution containing the preliminary determination. 
Price increases under such undertakings shall not be higher than necessary to eliminate the 
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 evaluation 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 prejudice the consideration of 
the case. 
Article 57. Procedure.  If price undertakings are submitted, the Foreign Trade Directorate shall, 
in a reasoned resolution, communicate them within 10 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. G/ADP/N/1/COL/4 
 
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  Within 15 days following publication of the aforementioned resolution, the Foreign Trade 
Directorate shall convene the Trade Practices Committee to inform it of the respective terms and comments and to make its recomme ndations in this respect. 
 
The Trade Practices Committee shall submit a recommendation to the Foreign 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 seven days of its publication, a copy shall be sent 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 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 58. 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 the undertaking requests otherwise 
within the month following its publication or, at th e request of the Trade Practices Committee, it is 
decided to terminate the investigation. In such cases, the Foreign Trade Directorate may order the continuation of the investigation until it is completed.  
If the investigation is continued and leads to a negative determination of dumping or injury, the 
undertaking shall immediately lapse, except in cases where such determination is due in large part to the existence of price undertakings. In such cases, the Foreign Trade Directorate may require 
that the undertaking be maintained for a reasonable period. 
 In the event that an affirmative determination is made, the resolution shall order the maintenance of price undertakings consistent with their terms and the provisions of this Decree. 
CHAPTER VIII 
REVIEW AND EXAMINATION OF ANTI-DUMPING 
DUTIES AND PRICE UNDERTAKINGS 
 
SECTION I 
APPLICATION 
 
Article 59. 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 duti es or the acceptance of the price undertakings, 
initiate a review process for the purpose of esta blishing 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 in such a way as to nullify the remedial effect of the duty, the procedure provided herein shall be initiated. 
 
In any event, the interested party requesting a re view shall be required to prove that there has 
been a change in circumstances that justifies its request.  
Article 60. Purpose of the review. In the application for review, interested parties may request 
that the investigating authority examine the margin s 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 whether the 
continued imposition of the definitive anti-dumping duty or acceptance of the price undertaking is 
necessary to offset the adverse effects of dumping. G/ADP/N/1/COL/4 
 
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  Article 61. Five-year 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 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 precedin g 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.  
Article 62. Review of the acce ptance of price undertakings. The authorities may carry out 
reviews for the purpose of determining whether th e 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. 
Article 63. Review to determine anti-dumping  duties for new exporters and producers. 
The investigating authority, at the request of an ex porter 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 producer 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 th e imposition of anti-dumping duties during the 
investigation period and is not related to any ex porter 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 margin of dumping for such exporter or producer. 
 The procedure applicable to these reviews shall be that established in this Chapter, but the time 
allowed shall be reduced by one quarter. 
 While the review under this Article is being carried 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 duti es should be imposed on the exports of the said 
producers or exporters and their individual margin s of dumping. If the decision is affirmative, 
anti-dumping duties may also be imposed retroactively, from the date of initiation of the review 
procedure.  
SECTION II 
PROCEDURE 
 
Article 64. Content of applications. The applications for review and five-year review referred to 
in this Chapter shall be submitted to the Correspon dence Office in the Ministry of Trade, Industry 
and Tourism. 
The application shall contain, at least, the following information and evidence: 
1. The identity of the applicant. 
2. The names and addresses of other interested parties, if available. G/ADP/N/1/COL/4 
 
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  3. Evidence for the authority to review in accordance with the provisions in this Chapter, i.e.: 
(a) the change in circumstances; 
 (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 plant capacity and employment. This  information shall be submitted in accordance 
with the legislation in force and shall be draw n up by a certified public accountant or the 
enterprise's 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-dumpi ng 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 summary. 
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 determinatio n of anti-dumping duties for new exporters 
and producers, the information listed in subpara graphs 2 and 6 shall not be required by the 
authority. Nevertheless, information on normal value and export prices shall be furnished. 
Article 65. Evaluation of the grounds for the application and initiation of the review and 
examination. For the purposes of the evaluation of the ap plication and the initiation of the review 
or examination, the procedure followed shall be that laid down in Chapter IV of this Decree. 
Article 66. Invitation to participat e 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 Chapter IV of this Decree. 
Interested parties shall have a period of 30 days from the publication of the invitation to indicate 
their readiness to participate in the review or examination and to supply within the same period the information which the investigating authority may request for these purposes, including replies 
to any questionnaire. Likewise, they shall provide a statement, accompanied by supporting 
evidence. 
If there is good cause, the Foreign Trade Directorate may extend this period, once only, by up to 
five days. Such extension shall apply to all those intending to accept the invitation. 
Article 67. Absence of participants. If the invitation is not accepted by the interested parties in 
the case of the five-year review which is being conducted ex officio, the Foreign Trade Directorate shall order the closure of the investigation. 
The absence of participants in administrative reviews for a change in circumstances initiated 
ex officio  shall lead to the closure of the procedure. In this case, the definitive duty and the price 
undertakings shall be maintained unchanged. 
Article 68. Dispatch and receipt of questi onnaires and forwarding of applications. 
Questionnaires and replies thereto and the forwardi ng of applications to exporters and authorities 
of the exporting country, as well as the examination of evidence, shall be governed by the 
provisions of Chapter IV if not covered in this Chapter. G/ADP/N/1/COL/4 
 
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  Article 69. Examination of evidence. The period for examining evidence shall expire one month 
after expiry of the period allowed for receiving questionnaires. 
Article 70. Hearings and arguments. Hearings may be held at any time, once only, between 
the initiation of the investigation and the expiry of the period for examining evidence. For this 
purpose and with regard to the time-limit and subm ission of concluding arguments, the provisions 
in Chapter IV of this Decree shall be followed. 
Article 71. Conclusions of th e review or examination. Within two months following expiry of 
the period for the examination of evidence, the investigating authority, on the basis of the 
evidence and information provided or the best information available, shall draw up a technical report bringing to an end the review or examin ation for which this Chapter provides. The report 
shall contain the findings and conclusions with respect to the relevant questions of fact and law. 
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. 
Within the period specified in this Article, th e 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 aforementioned period may be  extended by up to 15 days by the Foreign 
Trade Directorate if it considers that special circumstances justify such an extension. 
Article 72. Final determination. For the purposes of the final determination, the provisions in 
Chapter IV of this Decree shall apply. 
Article 73. Termination of the duty imposed. If, as a result of the revi ew under this Chapter, 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. 
Article 74. Refund of anti-dumping duties. The resolution ordering the removal or modification 
of the definitive anti-dumping du ty 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. 
Article 75. 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 Chapter IV of this Decree shall apply. 
CHAPTER IX 
SPECIAL RULES APPLICABLE TO REVIEWS FOR CHANGE OF 
CIRCUMSTANCES AND FIVE-YEAR REVIEWS 
Article 76. Determination of the likelihood of  continuation or re currence of injury.  In 
examinations and reviews carried out in accordance  with the provisions of the preceding Chapter, 
the investigating authority shall determine whether there is a likelihood that the removal of a duty imposed or the termination of acceptance of a price undertaking will lead to the continuation or 
recurrence of material injury within a reasonably foreseeable period. 
For this purpose, the investigating authority shall take into consideration, inter alia , the following 
factors: 
1. the real or potential volume of imports; 
2. the impact on prices and the possible effects of the imports subject to the definitive duty or 
the acceptance of the price undertaking on th e domestic industry if they are removed or 
terminated; 
3. improvements in the state of the domestic in dustry brought about by the duty imposed or 
the price undertaking; G/ADP/N/1/COL/4 
 
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  4. whether the domestic industry is likely to suffer material injury if the duty imposed is 
removed or the price undertaking is terminated.  
Article 77. Volume of imports. The investigating authority shall examine whether the likely 
volume of imports of the product subject to anti-d umping 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 pr oduct subject to anti-dumping duties or price 
undertakings, as well as their likely increases and any barriers to the import of the product subject 
to anti-dumping duties or price undertakings to countries other than Colombia. 
Article 78. 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. 
Article 79. Effects on the domestic industry. In evaluating the possible effects on the domestic 
industry of imports of the product subject to th e definitive duty or the acceptance of a price 
undertaking if they were removed or terminated, the investigating authority shall take into account 
relevant economic factors likely to have a bearing on the state of the domestic industry in 
Colombia, such as likely declines in 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 inve stment; and negative effects on the development 
and production efforts of the domestic industry, including efforts to develop a derivative or more 
advanced version of the domestic like product. 
Article 80. Basis for the determination. The presence or the absence of any factor which the 
investigating authority is required to take into account for the purpose of deciding on the likelihood 
that the material injury will continue or recur with in a reasonably foreseeable period of time, if the 
definitive duty is removed or the price undertaking terminated, do not oblige it to reach a positive 
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 of acceptance of a price undertaking would not be likely to lead to the continuation or 
recurrence of sales at less than normal value. 
Article 81. Cumulation. The investigating authority may cumulatively assess the volume and 
impact of imports of the product subject to the de finitive 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 discernible adverse impact on the domestic industry. 
TITLE III 
COMMON PROVISIONS 
 
SINGLE CHAPTER 
 
Article 82. 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 the findings and 
conclusions reached with respect to all relevant points of fact and law.  
Article 83. Content of resolutions, technical reports on initiation, and preliminary and 
definitive determinations. The resolution ordering initiation of the investigation or a separate 
technical report shall contain the following information: G/ADP/N/1/COL/4 
 
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  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; 
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 causal 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 suppliers or the countries of origin of the product under 
investigation concerned; 
2. a description of the product; 
3. the established amount of the anti-dumping duties and the basis on which the 
existence of dumping has been determined. 
Considerations concerning the 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 the investigating authority for this purpose. 
Article 84. Concurrent investigations. Investigations to establish the correct customs 
valuation of imports conducted by the National Revenue and Customs Directorate (DIAN), as well 
as those relating to incorrect tariff classi fication and dumping by the Trade Practices 
Sub-Directorate of the Foreign Trade Directorate, may be carried out simultaneously. 
Article 85. 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 National 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. 
Article 86. Forwarding of resolutions. The Trade Practices Sub-Directorate shall forward to 
the National Revenue and Customs Directorate (D IAN) copies of resolutions determining the 
application of provisional or definitive anti-dum ping duties or modifying or suspending those 
already established. 
Article 87. Responsibilities. For the purposes of this Decree, the Trade Practices Committee, 
the Foreign Trade Directorate and the Trade Practi ces Sub-Directorate of the Ministry of Trade, 
Industry and Tourism shall have the following functions: 
Trade Practices Committee:  To give the Foreign Trade Directorate its opinion 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. G/ADP/N/1/COL/4 
 
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  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 link ed to the domestic industry affected in the 
opinion of the Committee's Chair; 
 the Director of National Customs; 
 the Deputy Director-General of the National Planning Department; 
 Advisers to the Higher Counc il for Foreign Trade (2); 
 Advisers to the Higher Counc il for Foreign Trade (2); 
 the Superintendent of Industry and Trade or his/her deputy, depending on the issue to be 
addressed; 
 the Director for Foreign Trade, who shall take part in the discussions 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 and to decide on pr ice undertakings submitted. The definitive duties 
shall be imposed by the Foreign Trade Directorate in accordance with the recommendations of 
the Trade Practices Committee. 
Trade Practices Sub-Directorate:  To conduct the investigations covered by this Decree and to 
act as the technical secretariat of the Trade Pr actices Committee, 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 88. 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. 
Article 89. Review. The decisions adopted following 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. 
Article 90. Transitional period , entry into force and repeal. This Decree shall enter into 
force as of its publication and repeals Decree No . 2550 of 2010 and other conflicting regulations. 
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 1 September 2015. 
JUAN MANUEL SANTOS CALDERÓN 
The Minister of Finance and Public Credit  
Mauricio Cárdenas Santamaría 
The Minister of Trade, Industry and Tourism 
Cecilia Álvarez-Correa Glen 
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