G/ADP/Q1/COL/6  
G/SCM/Q1/COL/6  
 
5 April 2016  
(16-1897)  Page: 1/2  
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures  Original: English  
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLES 18.5 OF THE AGREEMENT 
QUESTIONS POSED BY THE UN ITED STATES REGARDING 
THE NOTIFICATION OF COLOMBIA1 
The following communication, dated 2 April 2016, is being circulated at the request of the 
Delegation of the United States.  
_______________ 
 
 The United States thanks Colombia for its noti fication of Decree No. 1750 of 2015 regulating the 
application of anti-dumping duties in Colombia (hereinafter "Decree"), and poses the following 
questions: 
Question 1 
Article 14 states that "[t]he 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 si gnificantly 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." Has the investigating authority applied this methodology in  an antidumping duty proceeding? If so, please 
identify the specific proceeding(s).  
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, "unless the domestic producers show that this period is not relevant." Under what 
circumstances would historical data concerning the condition of the domestic industry not be 
relevant to an analysis of threat of material injury? 
Question 3 
Does Article 24 of the Decree permit an applicant to  allege both current material injury and threat 
of material injury? 
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 th e country or countries of origin of the product 
under investigation, through the competent national authorities" (emphasis added). Does the 
investigating authority rely on the national authorities of the country of origin to make 
arrangements with specific companies subject to verification on behalf of the investigating 
authority? Is the involvement of government authorities in the country of origin required if so requested? Please explain how this provision is consistent with Annex I of the Antidumping 
Agreement. 
                                               
1 G/ADP/N/1/COL/4 (dated 12 October 2015). G/ADP/Q1/COL/6 • G/SCM/Q1/COL/6 
 
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  Questions 5 
Article 33 of the Decree states that the results of verification will be made known to all interested 
parties, with exceptions for the 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 verification are shared with interested parties.  
c. Will the general public have access to the results of verification through the 
non-confidential case file or other means?  
Question 6 
Article 37 of the Decree indicates that interested parties have 10 days in which to provide 
comments on the statement of essential facts. Plea se explain whether there is the possibility of 
extending this timeframe and, if so, the circumstances that would warrant such an extension. 
Question 7 
Is there a specific timeframe within which the Trade Practices Committee must consider any 
comments submitted in response to the release of the statement of essential facts and provide its final recommendation to the Foreign Trade Directorate, as describe in Article 37 of the Decree? If so, what is that timeframe?  
Question 8 
Article 38 of the Decree indicates that the Foreign Trade Directorate has 10 days to adopt "the 
appropriate decision in a reasoned resolution" after receiving the recommendation from the Trade Practices Committee for a final determination. Please describe the activities that occur during 
this 10-day period.  
Question 9 
Article 40 of the Decree states that during "the course of the investigation, any person may have 
access to the non-confidential documents referred to in this Decree."  
a. Please confirm that "the non-confidential 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 issued pursuant to Article 30 of the Decree. 
iii. Other evidence the investigating authority examines pursuant to Article 31 of the 
Decree. 
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? 
Question 10 
For purposes of Article 81 of the Decree, concerning cumulation in five-year reviews, please 
explain the meaning of the term "same procedural stage." 
Question 11 
Are the technical reports described in Article 82 of the Decree published? If not, please explain 
how they are made available to interested parties and the general public. 
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