G/ADP/Q1/COL/7  
G/SCM/Q1/COL/7  
28 April 2016  
(16-2389)  Page: 1/4  
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures  Original: Spanish  
 
  NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLE 18.5 OF THE AGREEMENT 
REPLIES TO THE QUESTIONS POSED BY THE UNITED STATES1 
REGARDING THE NOTIFICATION OF COLOMBIA2 
The following communication, dated 27 April 2016, is being circulated at the request of the 
delegation of Colombia.  
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 Colombia thanks the United States for its questions regarding Colombia's notification of Decree 
No. 1750 of 2015 regulating the application of anti-dumping duties. 
Question 1 Article 14 states that "[t]he margin of du mping may be calculated by comparing the 
normal value established on a weighted averag e basis to individual export prices if the 
investigating authority finds a pattern of expo rt 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." Ha s the investigating authority applied this 
methodology in an anti-dumping duty procee ding? If so, please identify the specific 
proceeding(s). 
Reply 
This provision reflects Article 2.4.2 of the Anti-Dumping Agreement. Normally, in most 
investigations conducted by Colombia, the methodology used to determine the margin of dumping 
involves a comparison of the weighted average normal value with the weighted average export 
price on a transaction-to-transaction basis. The investigations can be viewed on the WTO website. 
Question 2 Article 20 of the Decree states that, in cases where threat of material  injury is alleged, 
the period of examination will normally be the three-year period applicable to cases 
involving present injury allegations, "unle ss the domestic producers show that this 
period is not relevant." Under what circumst ances would historical data concerning the 
condition of the domestic industry not be rele vant to an analysis of threat of material 
injury? 
Reply  
With regard to the question on Article 20, it shou ld be clarified that the interpretation of this 
provision is directly related to the three-year period of examination. To date, no domestic producer has found that this period was not relevant to an analysis. However, this exception is provided for 
                                               
1 G/ADP/Q1/COL/6-G/SCM/Q1/COL/6. 
2 G/ADP/N/1/COL/4 (12 October 2015). G/ADP/Q1/COL/7 • G/SCM/Q1/COL/7 
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  when a domestic producer considers that a period other than the three-year period should be 
analysed. 
Question 3 Does Article 24 of the Decree permit an app licant to allege both current material injury 
and threat of material injury? 
Reply 
Under this provision, applicants must indicate whether the injury is material injury, a threat of 
material injury or a material retardation of the establishment of a domestic industry. 
Question 4 Article 31 of the Decree states that, "[t] he 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 in vestigation, through the competent national 
authorities" (emphasis added). Does the inve stigating authority rely on the national 
authorities of the country of origin to ma ke arrangements with specific companies 
subject to verification on behalf of the in vestigating authority? Is the involvement of 
government authorities in the country of orig in required if so requested? Please explain 
how this provision is consistent with Annex I of the Anti-Dumping Agreement. 
Reply 
Regarding Question 4, it should be made clear that Article 31 refers to the examination of evidence 
that the authorities consider useful, necessary and effective for the verification of the facts under investigation, in accordance with Article 6.6 of the Anti-Dumping Agreement, without prejudice to 
the provisions on verification visits in the territory of the country of origin of the product under 
investigation. 
To date, we have not relied on the national authorities to make arrangements with specific 
companies subject to verification. Furthermore, th e presence of government authorities from the 
other country is not required. As stated, this provision is consistent with Article 6.6 of the Anti-Dumping Agreement. 
Question 5  
Article 33 of the Decree states that the result s of verification will be made known to all 
interested parties, with exceptions for th e protection of confidential information. 
a. Will a company subject to verification receive the results of its verification, 
including any confidential information it provided? 
b.  Please explain how the results of ve rification are shared with interested 
parties. 
Reply 
Regarding points a and b, public records of verification visits are available to all interested parties. 
c. Will the general public have access to  the results of verification through the 
non-confidential case file or other means?  
Reply 
Yes, the public has access to the non-confidential version of the case file on the website of the 
Ministry of Trade, Industry and Tourism. G/ADP/Q1/COL/7 • G/SCM/Q1/COL/7 
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  Question 6 
Article 37 of the Decree indicates that interested parties have ten days in which to 
provide comments on the statement of essentia l facts. Please explain whether there is 
the possibility of extending this time-frame  and, if so, the circumstances that would 
warrant such an extension. 
Reply  
There are no plans to extend this time-frame. 
Question 7 
Is there a specific time-frame within which the Trade Practices Committee must 
consider any comments submitted in respon se to the release of the statement of 
essential facts and provide its final recommendation to the Foreign Trade Directorate, as 
described in Article 37 of the Decree?  If so, what is that time-frame? 
Reply 
No specific time-frame is provided for the final recommendation. 
Question 8 
Article 38 of the Decree indicates that the Foreign Trade Directorate has ten days to 
adopt "the appropriate decision in a re asoned resolution" after receiving the 
recommendation from the Trade Practices Co mmittee for a final determination. Please 
describe the activities that occur during this ten-day period. 
Reply 
Regarding this question, the activities that occur during the ten-day period involve the issuance of 
an administrative decision in accordance with the domestic administrative legislation in force 
(reasoned resolution). 
Question 9 
Article 40 of the Decree states that during "t he course of the investigation, any person 
may have access to the non-confidential do cuments referred to in this Decree." 
a. Please confirm that "the non-confiden tial documents referred to in this 
Decree" encompass non-confidential versions of the following: 
i. responses to questionnaires submitted pursuant to Article 28 of the 
Decree; 
ii. the preliminary determination issu ed pursuant to Article 30 of the 
Decree; 
iii. other evidence the investigatin g authority examines pursuant to 
Article 31 of Decree. 
Reply 
Yes, they encompass the non-confidential documents referred to in part (a) of the question. G/ADP/Q1/COL/7 • G/SCM/Q1/COL/7 
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  b. How does a person obtain access to documents pursuant to Article 40? Does 
the investigating authority maintain an electronic docket that may be 
accessed online? Does the authority maintain a public reading room?  
Reply 
Yes, digital versions can be accessed on the Minist ry of Trade, Industry and Tourism website, and 
hard copies can be consulted at the Ministry itself. 
Question 10 
For purposes of Article 81 of the Decree, co ncerning cumulation in  five-year reviews, 
please explain the meaning of the term "same procedural stage". 
Reply 
Concerning this question, the wording "same procedural stage" refers to five-year reviews of the 
definitive duties of different countries which are initiated at the same time, that is to say, during 
the opening stage of the investigation. 
Question 11 
Are the technical reports described in Article 82 of the Decree published? If not, please 
explain how they are made available to in terested parties and the general public. 
Reply 
The technical reports described in Article 82 are incorporated into the public and confidential 
versions of a record following the adoption of an initial, preliminary or final determination, and an administrative decision (reasoned resolution). Only administrative decisions are published in the Official Journal. 
Technical reports can therefore be consulted by intere sted parties, either in hard copy or in digital 
form on the above-mentioned Ministry website. 
Lastly, we wish to express our readiness to elaborate on or answer any questions concerning these 
replies. 
 
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