WORLD TRADE  
ORGANIZATION  G/ADP/N/1/COL/2 
12 March 2007 
 
 (07-1016) 
Committee on Anti-Dumping Practices Original:   Spanish 
  
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLE 18.5 OF THE AGREEMENT 
 
COLOMBIA 
 
 
 The following communication, dated 23 February 2007, is being circulated at the request of 
the delegation of Colombia.  
_______________ 
 
  In accordance with Article 18.5 of the An ti-Dumping Agreement, the Government of 
Colombia encloses herewith the text of Decree 0 991 of 1998 regulating the application of anti-
dumping duties in Colombia.  G/ADP/N/1/COL/2 
Page 2  
 
  Notification by Colombia under Article 18.5 of the Agreement 
on Implementation of Article VI of the GATT 1994 
 
DECREE 0991/98 
 
"Regulating the Application of Anti-Dumping Duties" 
 
 
THE PRESIDENT OF THE REPUBLIC OF COLOMBIA 
 
In exercise of his constitutional powers, and in particular those conferred on him by 
Article 189, paragraph 25, of the Political Cons titution, in conformity with Article 10 of 
Law 7 of 1991 and pursuant to the recommendation of 
the Higher Council for Foreign Trade, 
 
CONSIDERING 
 
 That Article 10 of Law 7 of 1991 instructs the National Government to regulate the protection 
of domestic producers against unfair foreign trade practices and to establish requirements, procedures and factors for determining the imposition of duties as appropriate;  
 That it is necessary to bring domestic legislation in to line with changes in foreign trade, in the 
light of technical and legislative progress in th is field, such as that envisaged in Law 170 of 
15 December 1994 incorporating in the national le gislation the Agreement Establishing the World 
Trade Organization (WTO) and the Agreement on Im plementation of Article VI of the General 
Agreement on Tariffs and Trade 1994, for the purpos e of counteracting dumping practices through the 
imposition of anti-dumping duties. 
 
DECREES 
 
TITLE I 
 
GENERAL PROVISIONS 
 
SOLE CHAPTER 
 
APPLICATION 
 
ARTICLE 1.- SPHERE OF APPLICATION.   This Decree regulates the application of anti-
dumping duties to imports of dumped products.  Its pr ovisions shall be applied in conformity with 
Colombia's obligations under the international agre ements to which it is party, in particular the 
Agreement Establishing the World Trade Orga nization done at Marrakesh on 15 April 1994, 
including the General Agreement on Tariffs. 
 
ARTICLE 2.- PUBLIC INTEREST.   The investigations to whic h this Decree refers shall be 
undertaken by the Colombian Foreign Trade Institu te, INCOMEX, in the public interest.  Anti-
dumping duties shall be imposed in the public inte rest, for remedial or preventive purposes, where 
dumping exists and, in general, on any importer of the goods on which such duties fall.  The duties 
may be imposed on a country and, if appropriate, on specific producers or exporters in that country. 
  G/ADP/N/1/COL/2 
 Page 3 
 
 
  TITLE II 
 
APPLICATION OF ANTI-DUMPING DUTIES TO MEMBERS OF 
THE WORLD TRADE ORGANIZATION  (WTO) 
 
CHAPTER I 
 
SPHERE OF APPLICATION 
 
ARTICLE 3.- SCOPE.   This Title lays down the rules app licable to dumped imports of products 
originating in countries Members of the World Trade Organization (WTO) which are causing or 
threatening to cause material injury to a domestic i ndustry or materially retarding the establishment of 
an industry in Colombia.  
CHAPTER II 
 
DEFINITIONS 
 
ARTICLE 4.-  For the purposes of this Decree the following definitions apply: 
 ANTI-DUMPING DUTY:   A correction applied to imports which restores the conditions of 
competition distorted by dumping, in accordance with the procedure set out below. 
 INJURY:   Unless otherwise specified, material injury to a domestic industry, threat of material injury 
to a domestic industry or material retarda tion of the establishment of an industry. 
 
DATE OF SALE:   That indicated in the latest document establishing the essential conditions of the 
sale, for example, the date of contract signatu re, the date of the purchase order, that of the 
confirmation of the purchase order or that of the invoice.  MASSIVE IMPORTS:   Imports of the product subject to invest igation, from the date of initiation of 
the investigation to the date of imposition of provisional measures, whose volume and other 
circumstances, such as the rapid build-up of inventor ies, seriously impair or could seriously impair the 
remedial effect of the definitive anti-dumping duty.   Massive imports shall be so characterized in  the light of their behaviour during the period 
mentioned above, relative to the beha viour of imports over a period of three years preceding the date 
of initiation of the investigation.  The size of the market for the product investigated shall also be 
taken into consideration in each specific case.  BEST INFORMATION AVAILABLE:   Known facts on the basis of which preliminary or final 
determinations, affirmative or nega tive, may be made in cases in wh ich an interested party refuses 
access to, or otherwise does not provide, necessary information within a reasonable period or 
significantly impedes the investigation. 
 ORDINARY COURSE OF TRADE:   Trade reflecting market conditions  in the country of origin or 
of export and carried out habitually or within a representative period between independent buyers and 
sellers. 
 
 Among other factors, the ordinary course of trade is considered not to include sales made at a 
loss within the terms of Article 9 of  this Decree, or sales between related or associated parties which 
do not reflect prices and costs comparable with those in trade between independent parties.  G/ADP/N/1/COL/2 
Page 4  
 
  ASSOCIATED OR RELATED PARTIES:   A relationship between two or more enterprises shall 
be taken to exist when:  (a) one of them directly or indirectly controls the other;  (b) both of them are 
directly or indirectly controlled by a third person;  or  (c) together they directly or indirectly control a 
third person, provided that there are grounds for believi ng that the effect of the relationship is such as 
to cause the producer concerned to behave  differently from non-related producers. 
 
 One shall be deemed to control another when  the former is legally or operationally in a 
position to exercise restraint or direction over the latter.  INTERESTED PARTIES:   "Interested parties" shall mean: 
 
 1. The applicant;   2. An exporter, foreign producer or importer of the product subject to investigation, or a 
trade or business association a majority of whose members are producers, exporters 
or importers of the product; 
  3. The Government of the exporting Member;  and   4. A domestic producer of the like product or  a trade or business association a majority 
of whose members produce the said product in the national territory. 
 
 This list is not exhaustive and shall not prevent the competent authority from including among the interested parties Colombian or fore ign persons other than those indicated above. 
 EXPORT PRICE:   Export price means the price actually paid or payable for the product sold for 
export to Colombia. 
 LIKE PRODUCT:   Like product means a product which is identical, i.e. alike in all respects to the 
product under consideration, or in the absence of such a product, another product which, although not 
alike in all respects, has characteristics closely r esembling those of the product under consideration. 
 
EVIDENCE OF INJURY:   Evidence that the dumped imports  are causing or threatening to cause 
material injury, or are materially retarding the establishment of an industry in Colombia. 
 DOMESTIC INDUSTRY:   For the purposes of this Decree, the term "domestic industry" shall be 
interpreted as referring to the domestic producers as a whole of the like products or to those of them 
whose collective output of the products cons titutes a major proportion of the total domestic 
production of those products, except that:   1. When producers are related to the exporte rs or importers or are themselves importers 
of the allegedly dumped product, the term "d omestic industry" may be interpreted as 
referring to the rest of the producers; 
 
 2. In exceptional circumstances, the nati onal territory may, for the production in 
question, be divided into two or more competitive markets and the producers within 
each market may be regarded as a separate i ndustry if (a) the producers within such 
market sell all or almost all of their production of the product in question in that 
market and (b) the demand in that market is not to any substantial degree supplied by 
producers of the product in question located elsewhere in the territory.  In such 
circumstances, injury may be found to exis t even where a major portion of the total 
domestic industry is not injured, provided th ere is a concentration of dumped imports  G/ADP/N/1/COL/2 
 Page 5 
 
 
  into such an isolated market and provided further that the dumped imports are causing 
injury to the producers of all or almost all of the production within such market. 
 NORMAL VALUE:   The comparable price actually paid or payable for a product like to that 
exported to Colombia when sold for consumption in th e country of origin or export.  In the absence of 
such a price, the normal value shall be establishe d 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 e xport price in a third country with a market 
economy.  
CHAPTER III 
 
DUMPING 
 
ARTICLE 5.- CONCEPT.   A product is considered as being dumped, i.e. introduced into 
Colombian commerce at less than its normal value, if the export price of the product exported to 
Colombia is less than the comparable  price, in the ordinary course of  trade, for the like product when 
destined for consumption in the exporting country.  ARTICLE 6.- EXPORT PRICE.   In cases where there is no expor t price or where it appears to 
INCOMEX that the export price is unreliable because  of association or relationship or a compensatory 
arrangement between the exporter and the importer or a third party, the export price may 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 not sold in the condition as imported, the price may 
be calculated on such reasonable basis as INCOMEX may determine.  
 In calculating the export price, the necessary ad justment 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 arisi ng subsequent to export from the country of origin;  a reasonable 
margin of general, administrative and selling co sts;  a reasonable margin of profit and any 
commission usually paid or agreed.  
ARTICLE 7 .- NORMAL VALUE IN THE ORDINARY COURSE OF TRADE.   "Normal value" 
means the amount actually paid or payable for a product like to that imported into Colombia when 
sold for consumption in the domestic market of the country of origin or of export, in the ordinary 
course of trade.  
ARTICLE 8.- NORMAL VALUE IN OTHER TRANSACTIONS.   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 of export or when, because of the low volume of sales in the domestic market of the country of origin or export or because of the particular market situation, such sales do not permit a proper comparison, the normal value may be determined as follows:  
 1. By considering the export price for the like product exported to an appropriate third 
country from the same country, provided it is representative;  or 
  2. By considering the constructed price of the like product.  This 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 inv estigation or the average data for other 
producers of goods like to the goods subject to investigation or another reasonable 
method.  The addition for profit shall not exceed the profit normally realized on sales of products of the same category in the do mestic market of the country of origin. G/ADP/N/1/COL/2 
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PARAGRAPH:   Sales of the like product destined for c onsumption in the domestic market of the 
exporting country shall normally be considered a sufficient quantity for the determination of the 
normal value if such sales constitute 5 per cent or mo re of sales of the product under consideration to 
Colombia, provided that a lower ratio shall be acceptable where the evidence demonstrates that 
domestic sales at such lower ratio are nonetheless of sufficient magnitude to provide for a proper 
comparison.  
ARTICLE 9.- SELECTION OF SALES FOR THE DETERMINATION OF NORMAL 
VALUE.   Without prejudice to the provisions of the preceding article, in determining normal value all 
those sales in the country of export or of origin, or of export to a third country, that are not made in 
the ordinary course of trade, and specifically those that reflect sustained losses, may be disregarded.  
The term "sales that reflect sustained losses" shall be  considered to mean those in which the weighted 
average price is below the weighted average per unit costs and where the sales have been made within 
a period of time, which shall normally be one y ear and never less than six months, and in any 
significant volume, i.e. not less than 20 per cent of  the total volume of th e sales considered for the 
purpose of determining the normal value.   If the transactions in the country of export or of origin, or of export to a third country, that generate profits are insufficient for them to be characterized as representative, the normal value shall 
be established in accordance with the provisions  of subparagraph 2 of the preceding article. 
 
ARTICLE 10.- NORMAL VALUE IN COUNTRIES WITH CENTRALLY-PLANNED 
ECONOMIES.   In the case of imports coming from or originating in countries with centrally-planned 
economies, the normal value shall be determined on th e basis of the comparable price in the ordinary 
course of trade at which the like product is actually sold in a third country with a market economy for 
domestic consumption or, failing that, for export, or on the basis of any other method deemed 
appropriate by the investigating authority.   In such cases, for the purpose of selecti ng and evaluating the relevance of selecting a 
particular country with a market economy from wh ich to obtain the normal value, INCOMEX shall 
take into account, inter alia , the following criteria: 
 
 1. The production processes in the country w ith a market economy and the country with 
a centrally-planned economy; 
  2. The scale of production; 
 
 3. The quality of the products.  
ARTICLE 11.- COMPARISON BETWEEN NORMAL VALUE AND THE EXPORT PRICE.   
The export price and the normal value shall be exam ined on a comparable basis, taking into account 
the agreed conditions for delivery of the product, pref erably at the ex-factory level and in respect of 
transactions made at as nearly as possible the same time.  Moreover, depending on the specific 
circumstances, INCOMEX shall apply adjustment s to allow for differences which affect price 
comparability.  For this purpose, the following aspect s shall be taken into account, where appropriate: 
  1. When the comparison of the normal value, the export price and the necessary 
adjustments require a conversion of curre ncies, such conversion should 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 
ignored and in an investigation the authoriti es shall allow exporters at least 60 days to  G/ADP/N/1/COL/2 
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  have adjusted their export prices to reflect  sustained movements in exchange rates 
during the period of investigation; 
  2. If the export price has been constructed,  and for this reason price comparability has 
been affected, INCOMEX shall establish the normal value at a level of trade 
equivalent to the level of trade of the c onstructed export price, or shall make due 
allowance as warranted under this Decree. 
 ARTICLE 12.- ADJUSTMENTS.   In making a fair comparison between normal value and the 
export price, adjustments may be made to allow, inter alia , for differences in conditions and terms of 
sale, taxation, levels of trade, quantities, physical  characteristics, and any other differences which are 
also demonstrated to affect price comparability.   The amount of the adjustments shall be calculate d on the basis of relevant information for the 
period of investigation or in the light of data for the latest financial year available.  Some of the 
factors mentioned in Articles 13 and 14 of this D ecree may overlap, and INCOMEX must ensure that 
they do not duplicate adjustments that have already been made.   When a participant in the investigation request s that some such adjustment be taken into 
consideration, he shall furnish evid ence that the request is justified. 
 
ARTICLE 13.- ADJUSTMENTS TO THE EXPORT PRICE.   For the purposes of the preceding 
article, INCOMEX may, among other adjustments, ma ke those related with the following factors: 
 
(a) The amounts directly connected with  the costs incurred by the exporter, 
taking into account conditions agreed with the buyer for delivery of the 
product (f.o.b., c.i.f., etc.); 
 
(b) The amounts for direct costs in providing guarantees, technical assistance and 
other after-sales services; 
 
(c) The costs of commission paid in connection with the sales under 
consideration.  Wages paid to full-time sales personnel shall also be 
deducted; 
 
(d) In cases where the export price is cons tructed, allowances for costs, including 
duties and taxes, incurred between im portation and resale, and for profits 
accruing, shall also be made. 
 ARTICLE 14.  ADJUSTMENTS TO THE NORMAL VALUE.   For the purposes of Article 12 of 
this Decree, INCOMEX may, among other adjustme nts, make those related with the following 
factors:  
 1. The amount of a reasonable estimate of the value of the difference in the 
characteristics of the product under consideration; 
  2. The amount of import duties or indirect taxes payable for a like product and the 
materials physically incorporated in it, when  destined for consumption in the country 
of origin or of export and not paid or refunded when the product is exported to 
Colombia; 
 G/ADP/N/1/COL/2 
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   3. The following selling costs: 
 
(a) Costs of transport, insurance, maintenance, unloading and allied costs 
incurred in forwarding the product unde r consideration from the exporter's 
warehouse to the first independent buyer; 
 
(b) Costs of packaging the product under consideration; 
 
(c) Costs of sales credits.  The volume of the refund shall be calculated in 
relation to the currency of the invoice; 
 
(d) Costs of commission paid in connectio n with sales.  Wages paid to full-time 
personnel engaged in direct sales ac tivities shall also be deducted; 
 
(e) Direct costs of providing guarantees, technical assistance and other after-
sales services. 
 ARTICLE 15.- MARGIN OF DUMPING.   Margin of dumping means the amount by which the 
export price is less than the normal value.  Th is margin shall be calculated per unit of product 
imported into the national territory at dumping prices.  Without prejudice to the provisions of Articles 11 to 14 of this Decree, the existence of  a margin of dumping shall normally be established 
on the basis of a comparison of a weighted average normal value with a weighted average of prices of 
all comparable export transactions or by a comparison of normal value and export prices on a transaction-to-transaction basis.  The margin of dumping  may be calculated by comparing the normal value established on a weighted average basis to individual export prices if INCOMEX finds a pattern of export prices which differ significantly among differe nt purchasers, regions or time periods, and if 
an explanation is provided as to why such differenc es cannot be taken into account appropriately by 
the use of a weighted average-to-weighted av erage or transaction-to-transaction comparison. 
 PARAGRAPH:   A margin of dumping of less than 2 pe r cent, expressed as a percentage of the 
export price, shall be considered to be de minimis . 
 
CHAPTER IV 
 
MATERIAL INJURY, THREAT OF MATERIAL INJURY, RETARDATION OF THE 
ESTABLISHMENT OF AN INDUSTRY IN COLOMBIA 
 
ARTICLE 16.-  EXAMINATION OF MATERIAL INJURY AND THE CAUSAL 
RELATIONSHIP BETWEEN THE DUMPED IMPORTS AND THAT INJURY.  A 
determination of injury shall be based on suffici ent evidence and involve an objective examination of 
the following factors:   1. Behaviour of all economic factors and indices having a bearing on the state of the 
industry, including actual or potential declin e in sales, profits, output, market share, 
productivity, return on investment, or u tilization of capacity;  factors affecting 
domestic prices;  the magnitude of the margin of dumping;  actual and potential 
negative effects on cash flow, inventories, employment, wages, growth, ability to 
raise capital or investments.  This list is not exhaustive, nor can one or several of 
these factors necessarily give decisive guidance; 
  2. Volume of dumped imports, particularly to determine, inter alia , whether there has 
been a significant increase, either in absolu te terms or relative to total production or 
consumption in the country.  G/ADP/N/1/COL/2 
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  The volume of dumped imports shall norma lly be regarded as negligible if the 
volume of dumped imports from a particular country is found to account for less than 3 per cent of the imports of the like product in Colombia, unless countries which individually account for less than 3 per cent of imports of the like product in 
Colombia collectively account for more than 7 per cent of imports of the like product 
in Colombia; 
  3. To determine the effect of the dumpe d imports on prices, INCOMEX shall consider, 
among other factors, whether there has been significant price undercutting by the 
dumped exports as compared with the price of a 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, to a significant degree; 
 
 4. The demonstration of a causal relati onship between the dumped imports and the 
injury to the domestic industry shall be based on an examination of all relevant evidence before INCOMEX and shall include , among other things, an evaluation of 
all the relevant economic factors and indi ces mentioned in subparagraphs 1, 2 and 3 
of this Article.  INCOMEX shall also examine any known factors other than the 
dumped imports which at the same time ar e injuring the domestic industry, and the 
injuries caused by these other factors must not be attributed to the dumped imports.  
Factors which may be relevant in this respect include, inter alia , the volume and 
prices of imports not sold at dumping prices, contraction in demand or changes in the patterns of consumption, trade-restrictiv e practices of and competition between the 
foreign and domestic producers, devel opments in technology and the export 
performance and productivity of the domestic industry. 
   The effect of the dumped imports shall be assessed in relation to the domestic 
production of the like product when availabl e data permit the separate identification 
of that production on the basis of such criteria as the production process, producers' sales and profits.  If such separate identifi cation of that production is not possible, the 
effects of the dumped imports shall be as sessed by the examination of the production 
of the narrowest group or range of produc ts, which includes the like product, for 
which the necessary information can be provided. 
 PARAGRAPH:   The absence of negative trends or the presence of positive trends, 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 relationship between  the dumped imports and that material injury. 
 
ARTICLE 17.- EXAMINATION OF THE THREAT OF MATERIAL INJURY AND THE 
CAUSAL RELATIONSHIP BETWEEN THE DUMPED IMPORTS AND THAT THREAT.   In 
determining a threat of material injury from dump ed imports, in addition to the imminent effects on 
the factors referred to in Article 16 of th is Decree, consideration shall be given, inter alia , to the 
following:   1. A significant rate of increase of dumped imports into the domestic market indicating 
the likelihood of substantially increased importation. 
 
  The likelihood of substantially increased importation may also be determined on the 
basis, inter alia , of the following facts: 
 G/ADP/N/1/COL/2 
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  (a) The existence of a supply or sales contract, the award of a tender, a 
negotiable offer or other comparable contract;  or 
 
(b) The existence of letters of credit for the payment abroad of imports of the 
product investigated;  or 
 
(c) Sufficient freely disposable, or an im minent, substantial increase in, capacity 
of the exporter, also taking into account the availability of other export markets to absorb any additional exports; 
 
 2. Whether imports are entering 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 
  3. Inventories of the product being investigated in the country of export. 
 
  No one of these factors by itself can necessarily give decisive guidance but the 
totality of the factors considered must l ead to the conclusion that further dumped 
exports are imminent and that, unless protectiv e action is taken, material injury would 
occur. 
 
  The causal relationship between imports at dumping prices and threat of material 
injury shall be assessed wi th account for the likely effects on the economic factors 
and indices and in conformity with the provi sions of subparagraph 4 of the preceding 
article. 
 ARTICLE 18.- EXAMINATION OF MATERIAL RETARDATION OF THE ESTABLISHMENT OF A DOMESTIC INDUSTRY AND THE CAUSAL RELATIONSHIP 
BETWEEN THE DUMPED IMPORTS AND THAT RETARDATION.   For the purposes of 
determining material retardation of the establishm ent of an industry in Colombia, INCOMEX shall 
examine, inter alia , the following factors: 
 
 1. Feasibility studies, loans negotiated and/ or contracts for procurement of machinery 
related to new investment projects or the expansion of existing plant; 
  2. Existence of dumped imports;  
 3. Whether the market is appropriately an d adequately supplied, taking into account the 
volume of dumped imports, the volume of ot her imports and the actual and potential 
output of the project. 
  The causal relationship between the dumped imports and the material retardation of the establishment of a domestic industry shall be as sessed in accordance with the provisions of 
Article 16.4 of this Decree. 
  No one of these factors by itself can necessarily give decisive guidance.  
ARTICLE 19.- CUMULATIVE ASSESSMENT OF THE INJURY, THE THREAT THEREOF 
OR THE MATERIAL RETARDATION OF THE ESTABLISHMENT OF A DOMESTIC INDUSTRY.   Where imports of a product from more than  one country are simultaneously subject to 
anti-dumping investigations, INCOMEX may cumulatively assess the effects of such imports if it determines that:   G/ADP/N/1/COL/2 
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  (a) The margin of dumping  established in relation to the imports from each 
country is more than de minimis , as defined in the paragraph of Article 15 of 
this Decree, and the volume of imports from each country is not negligible, in 
accordance with Article 16.2 of this Decree;  and 
 
(b) a 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 OF REVIEW OF THE INJURY.   The factors mentioned in Article 16 of 
this Decree shall be analysed with reference to a period comprising the two years preceding the 
submission of the application and the current year.  If the first half of the latter year has not elapsed, the information shall relate to the three precedi ng years and to the period of the current year. 
  With regard to material retardation of the establishment of a domestic industry, the review 
period shall be that indicated in the preceding para graph, unless the domestic producers can show that 
this period is not relevant.  
CHAPTER V 
 
IMPOSITION AND COLLECTION OF ANTI-DUMPING DUTIES 
 
ARTICLE 21.- ANTI-DUMPING DUTIES.   The Ministry of Foreign Trade or INCOMEX, as 
appropriate, may determine and order the collecti on of definitive or provisional anti-dumping duties 
on any dumped imported product found to be causing or threatening to cause material injury to 
domestic industry or materially retarding th e establishment of an industry in Colombia. 
 
 The amount of duties may normally be expressed in one of the following forms or as a combination thereof, if necessary:  as an ad valore m percentage, or in accordance with a base price. 
 ARTICLE 22.- CALCULATION OF DUTIES.   Whenever the information so permits and the 
characteristics of the investigation so allow, du ties may be calculated by reference to an amount 
sufficient to eliminate material inju ry, the threat of material injury or material retardation of the 
establishment of an industry.  For this purpose, account may be taken of:   1. The price of the imported product in the domestic market as compared with the price 
of the domestic product; 
 
 2. the prices at which the product is sold in the domestic market;   3. the impact of the measures on the domestic market.    Anti-dumping duties shall not be imposed in an amount greater than the margin of 
dumping. 
 ARTICLE 23- PROVISIONAL DUTIES.   Solely to prevent injury being caused during the 
investigation period, INCOMEX may, by a reasone d resolution subject only to direct revocation, 
impose provisional duties where, after affording th e party being investigated reasonable opportunity 
to participate in the investigation by replying to the questionnaires issued for the purpose, it makes a 
preliminary finding of the existence of dumping of the imports subject to investigation and they are 
found to be causing injury to the domestic industry.  G/ADP/N/1/COL/2 
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   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 that product which have been found 
to have been made at dumping prices and to be  causing injury to an industry in Colombia. 
  The resolution shall be published in the Mi nistry of Foreign Trade Gazette, Chapter 
INCOMEX, and communicated in the manner and w ithin the time limits laid down in the first 
paragraph of Article 47 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 24.- PROVISION OF SECURITY.   Where provisional anti-dumping duties are adopted, 
in lodging their import declaration importers may opt to pay the respective duties or provide the 
National Revenue and Customs Directorate (DIAN) w ith security for payment.  The security shall be 
provided for the term indicated in  the resolution adopting the duty a nd in accordance with the relevant 
Customs regulations.  
ARTICLE 25.  EXCESS AMOUNTS AND REFUNDS OF PROVISIONAL DUTIES.   There 
shall be a refund of provisional duties paid or the sec urity provided for this purpose shall be cancelled 
or collected in a reduced amount, as appropriate, when:   1. The definitive duties are lower than th e provisional duties paid or covered by 
security, in an amount equivalent to the difference between them; 
 
 2. Where definitive duties are not established,  the cancellation and return of the security 
shall be ordered or the entire amount paid by way of provisional duties refunded. 
  The National Revenue and Customs Directorate (DIAN) shall refund excess amounts in 
accordance with Title III of Decree 1909 of 1992 a nd any provisions that may replace, amend or 
reform it.  ARTICLE 26.- DEFINITIVE DUTIES.   When a definitive anti-dumping duty is imposed, it shall 
be collected in the amounts indicated in the rele vant resolution, whoever the importer may be, on 
imports of the product found to be dumped and causing injury to an industry in Colombia. 
 
 The Ministry of Foreign Trade, after cons ulting 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 less than the margin of dumping, if  such lesser amount is adequate to remove the 
injury. 
 
ARTICLE 27.-  IMPOSITION OF DUTIES ON MASSIVE IMPORTS OR FOR NON-
COMPLIANCE.   Without prejudice to the provisions of the preceding article, the Ministry of 
Foreign Trade may order the imposition of definitive duties on imports already made, in the following circumstances:  
 1. In the case of  injury caused by massive dumped imports, on imports made up to 
90 days prior to the date of imposition of the provisional duties, but in no case prior to the date of publication of the reso lution to initiate an investigation; 
  2. In the case of non-compliance with the o ffers in statements of intent accepted in 
conformity with Article 31 of this Decree, on imports declared during the 90 days 
prior to the date of establishment of the provisional duties, but in no case on imports declared prior to such non-compliance. 
  G/ADP/N/1/COL/2 
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  PARAGRAPH:   The massive imports referred to in this a article shall be so characterized in the light 
of their behaviour between the date of initiation of  the investigation and the date of imposition of 
provisional measures, relative to the behaviour of the imports over a period of three years preceding 
the date of initiation of the investigation.  The size of the market for the product investigated shall also 
be taken into consideration in each specific case. 
 
ARTICLE 28.- ANTI-CIRCUMVENTION MEASURES.   Circumvention shall be defined as a 
change in the pattern of trade between third countries and Colombia, stemming from a practice, 
process or work for which there is insufficient due  cause or economic justification other than the 
imposition of the duty, and where there is evidence that the remedial effects of the duty are being 
nullified in terms of the prices and/ or quantities of the like product. 
  Anti-dumping duties imposed pursuant to this Decree may be extended to imports from third countries of like products, or parts thereof, when ci rcumvention of the measure in force is taking 
place. 
 
 An assembly operation in Colombia or in a thir d country shall be considered to circumvent 
the measures in force if the fo llowing conditions are satisfied: 
  1. The parts or components have been obtained in the country subject to the duty in 
force, from the exporter or producer to whom the definitive duty is applied, from 
suppliers of the exporter or the producer or from a party in the exporting country who 
acts as supplier on behalf of the exporter or producer; 
  2. The product assembled or finished with su ch parts of components in Colombia is the 
like product to that subject to definitive duties; 
 
 3. There is evidence of dumping of the produc t produced with such parts, on the basis of 
a comparison of the price of the product assembled or finished in Colombia and the normal value previously established for the like product when subjected to the definitive anti-dumping duty; 
 
 4. The operation began or increased substa ntially from the moment of initiation of the 
anti-dumping investigation or just before its initiation; 
  5. The parts account for 60 per cent or mo re of the total value of the parts of the 
assembled product;  nevertheless, avoidance shall not be deemed to exist if the 
combined value added of the parts used during the assembly operation exceeds 25 per 
cent of the cost of production. 
  The facts listed in this article may be evaluate d in an investigation which shall be initiated if 
the application contains sufficient evidence c oncerning all the factors mentioned therein.  
Investigations shall be initiated by a reasoned r esolution.  They shall be conducted by INCOMEX, 
which may call upon the customs authorities for assistance, and shall be completed within a period of 
eight months.  If the facts finally proven justify the extension of the measures, that shall be decided by 
the Ministry of Foreign Trade which in its ruling may establish definitive anti-dumping duties.  The procedural provisions of this Decree relating to th e initiation and development of investigations shall 
be applicable for this purpose. 
 
ARTICLE 29.- APPLICATION AND DURATION OF ANTI-DUMPING DUTIES.   An anti-
dumping duty shall remain in force for a maximum period of five (5) years, as long as the causes 
which gave rise to it persist.  G/ADP/N/1/COL/2 
Page 14  
 
   The National Revenue and Customs Directorat e (DIAN) shall apply the anti-dumping duties 
in accordance with the law and th e resolution imposing the duties, as well as the rules concerning 
collection, the provision of security, procedures and other matters relating to tariff charges. 
  In no case shall investigations in progress hi nder the procedures for th e introduction of the 
goods into the national territory. 
  No imported product may be subject to both anti-dumping and countervailing duties for the 
purpose of dealing with one and the same situ ation arising from dumping or subsidization. 
 
CHAPTER VI 
 
STATEMENTS OF INTENT 
 
ARTICLE 30.- STATEMENTS OF INTENT.   The Trade Practices Committee shall evaluate those 
cases in which the producers or the exporters of th e product investigated offer through INCOMEX, 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 wa y as to eliminate the consequent injury. 
  INCOMEX shall only accept statements of intent  during the two months following the date of 
publication of the resolution containing the prelim inary determination.  Price increases under such 
undertakings shall not be higher than necessar y to eliminate the margin of dumping. 
  Offers shall not be considered when they do not include the provision of information and 
authorization to carry out investigations which the investigating authority deems necessary to verify 
that such offers are fulfilled, or wh en they offer quantitative restrictions. 
 
 The Ministry of Foreign Trade, on the recommendation of the Trade Practices Committee subject to evaluation by INCOMEX, may suggest stat ements of intent, but no exporter shall be forced 
to enter into such undertakings.  The fact that expor ters do not offer to make such statements, or do 
not accept an invitation to do so, shall in no way pr ejudice the consideration of the case.  However, 
the authorities are free to determine that a threat of injury is more likely to be realized if the dumped 
imports continue. 
 ARTICLE 31.- PROCESSING OF STATEMENTS OF INTENT.   In cases where statements of 
intent are submitted, INCOMEX shall, in a reasoned resolution, communicate them within 
10 working days following the date of submission to  the participants in the investigation, granting 
them a period of five working days to inform INCOMEX, in writing, of their comments on the 
content of the statements.   Within a period of 15 working days following publication of the resolution mentioned in the preceding paragraph, INCOMEX shall convene the Trade Practices Committee to inform it of the 
terms of the statements and the comments received in that regard and to make its recommendations. 
 
 The Trade Practices Committee shall submit a recommendation to the Ministry of Foreign Trade concerning the statements of intent, so that the latter, in a reasoned resolution, may adopt the 
decision that best suits the national interest.  On the day after it is issued, the resolution shall be 
published in the Ministry of Foreign Trade Gazette , Chapter INCOMEX.  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 in qu estion, as well as to other interested  parties that have expressed an 
interest in the investigation and have supplied their address. 
  G/ADP/N/1/COL/2 
 Page 15 
 
 
   In its resolution accepting the offer, the Mini stry of Foreign Trade may order, among other 
things, that anti-dumping duties should not be collected, or should be collected in an amount less than the margin of dumping, or be collected only as from a specified date or up to a specified date.  The 
application of these measures shall be conditional on fulfilment of the offers by the parties which 
made the statements of intent accepted by the Ministry of Foreign Trade. 
 
 In the resolution concerned, the Ministry of Foreign Trade shall also stipulate that, if the 
producer or exporter which made the offer fails or refuses to provide periodic information relating to 
the fulfilment of such offer, INCOMEX may order the immediate application of provisional duties 
using the best information available, without prejudice to a declaration of non-fulfilment through a 
reasoned resolution ordering the continuation of the i nvestigation or its re-initiation in the preliminary 
determination phase in the event of its having ended.  ARTICLE 32.- SUSPENSION OF THE INVESTIGATION.   If a statement of intent is accepted 
by the Ministry of Foreign Trade, the accepting resolution ma y order the suspension of the 
investigation into the existence of dumping, inju ry and causal relationship, unless within the month 
following its publication the person making the offer requests the completion of the investigation, or the competent authority so decides.  In this case,  the Ministry of Foreign Trade may order INCOMEX 
to continue the investigation so as to complete it.   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 statements of intent.  In such  cases, the Ministry may require that an undertaking 
be maintained for a reasonable period.  In the even t that an affirmative determination is made, the 
resolution shall order the maintenance of the statemen ts of intent consistent with their terms and the 
provisions of this Decree. 
 
CHAPTER VII 
 
REFUND OF DUTIES PAID IN EXCESS OF THE MARGIN OF DUMPING 
 
ARTICLE 33.- REFUND OF DUTIES.   When INCOMEX, after investigation, determines that the 
anti-dumping duties paid by the importer are greater  than the actual margin of dumping, it shall 
arrange for the corresponding excess amount to be refunded.  The refund shall be made by the 
National Revenue and Customs Directorate (DIAN).  ARTICLE 34.- APPLICATION FOR INVESTIGATION.   The importer of a product subject to 
definitive anti-dumping duties may apply to INCOME X for an investigation with a view to the 
refunding of duties paid in excess of the actual margin of dumping in the immediately preceding year.  The application must be submitted within  60 days of 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 justifying the calculation and payment of the refund. 
  The application for investigation referred to in this article must 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 eliminat ed and the relevant evidence will be furnished 
directly to INCOMEX.  If this evidence has not been  received within two months of submission of the 
application, the petition shall be deemed to ha ve been withdrawn and the case shall be filed. G/ADP/N/1/COL/2 
Page 16  
 
   
ARTICLE 35.- INVESTIGATION PROCEDURE.   In the investigations to which this Chapter 
refers, the provisions relating to the procedure for reviews for change of circumstances and five-year 
reviews shall be observed.  
ARTICLE 36.- DETERMINATIONS.   In determinations adopted within the investigation, the 
relevant provisions of this Decree shall apply, in particular, when the export price is constructed on 
the basis of the price at which the imported products are first resold to an independent buyer, because 
there is no export price or because the export price is considered unreliable.  
 In this latter case, in determining whether and to what extent a refund should be made, 
INCOMEX shall take account of an y change in normal value, any change in costs incurred between 
importation and resale, and any movement in the resal e 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 conclusive evidence of the above is provided. 
 
ARTICLE 37.- TIME LIMITS FOR REFUNDS.   Refunds of duties shall be authorized by 
INCOMEX and made by the National Revenue and Cu stoms Directorate (DIAN) within a period of 
12 months, and in no case more than 18 months, following the date of submission of the corresponding application to INCOMEX by the importer.   These time limits may be disregarded if the 
determination to impose definitive anti-dumping duti es forming the object of the investigation is 
subject to judicial review proceedings. 
 
CHAPTER VIII 
 
PROCEDURE FOR ESTABLISHING ANTI-DUMPING DUTIES 
 
ARTICLE 38.- INITIATION OF THE PROCEDURE.   INCOMEX may initiate the procedure 
referred to in this Decree either ex officio  or upon a written application by or on behalf of the domestic 
industry.  ARTICLE 39.- APPLICATION BY OR ON BEHALF OF THE DOMESTIC INDUSTRY.   The 
question of whether an application has been made by or behalf of the domestic industry shall be 
considered on the basis of the degree of support among domestic producers of the product like to that 
allegedly imported at dumping prices.   INCOMEX shall request domestic producers to si gnal their support for the application in 
writing, in order to establish representativeness.  Silence on the part of a producer shall merely 
indicate lack of interest on his part and shall not be interpreted as an expression of support or opposition.   For the purposes of initiating an investigation, an application shall be cons idered to have been 
made by or on behalf of the dom estic industry if it is supported by those domestic producers whose 
collective output constitutes more than 50 per cent 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.  
However, no investigation shall be initiated when domestic producers expressly supporting the 
application account for less than 25 per cent of to tal production of the like product produced by the 
domestic industry. 
 
 In the case of fragmented industries involving  an exceptionally large number of producers, 
INCOMEX may determine support and opposition by us ing statistically valid sampling techniques. 
  G/ADP/N/1/COL/2 
 Page 17 
 
 
  ARTICLE 40.- EX OFFICIO  INVESTIGATION.   In special circumstances, INCOMEX may 
undertake an investigation on its own initiative if ther e is sufficient evidence to presume the existence 
of injury caused by dumped imports.   The information concerning inju ry needed to proceed with the investigation must be provided 
by the affected or interested domestic produ cers, in accordance with INCOMEX requirements. 
 ARTICLE 41.- INITIATION OF THE PROCEDURE.   INCOMEX may initiate the procedure 
upon application by or on behalf of the domestic i ndustry if it considers itself injured by imports of 
like products effected during the 12 months prior to the application, or currently being effected, at 
dumping prices. 
  Imports currently being effected means tho se taking place under current import registrations 
and those to be effected under current commercial contracts or by successful bidders in tendering 
procedures, and shipped during the pa rticular period of investigation. 
 
ARTICLE 42.- REQUIREMENTS AND SUBMISSION OF THE APPLICATION.   T h e  
application under the preceding article shall incl ude evidence of dumping, injury and a causal link 
between the dumped imports and the alleged injury.  Simple assertion, unsubs tantiated by relevant 
evidence, shall not be considered an ap plication for the purposes of this Decree. 
 
 The application must be drawn up in accordan ce with the requirements laid down in the 
manual provided by the INCOMEX Trade Practices S ub-Directorate, using the forms and attaching 
the information and evidence required therein.  Th is documentation shall be submitted to and filed 
with the INCOMEX Trade Practices Sub-Directorate or Regional or Sectional Directorates.  In this latter case, the investigation application shall be considered to have been  submitted two days after 
being filed, the time required by the Regional or S ectional Directorate to forward it to the INCOMEX 
Trade Practices Sub-Directorate.   The application shall also contain, at least, the following particulars:   1. The identity of the applicant.  Where an application is made on be half of the domestic 
industry, it shall identify the domestic industr y on behalf of which it is made by a list 
of all known domestic producers, or associ ations of producers, of the like product 
and, to the extent possible, a description of the volume and value of domestic production of the like product accounted for by such producers; 
 
 2. A description of the domestic product like to the allegedly dumped product; 
  3. A description of the allegedly dumped product;   4. The countries of origin and export;  
 5. The  names and legal addresses of the im porters, exporters and foreign producers, if 
known; 
  6. Information on prices at which the produc t in question 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 pr ices at which the product is sold from the 
country or countries of origin or export to a third country or countries, or on the constructed value of the product), and information on export prices or, where 
appropriate, on the prices at which the product is first resold to an independent buyer 
in Colombia; G/ADP/N/1/COL/2 
Page 18  
 
   
 7. Information on the evolution of the vo lume of the allegedly dumped imports, the 
effect of these imports on prices of the like product in the domestic market and the consequent impact of the imports on the domestic industry, as demonstrated by relevant factors and indices having a bearing on the state of the domestic industry; 
 
 8. An offer to submit the corresponding docu ments to the authorities for verification of 
the information supplied, and to aut horize visits for verification purposes; 
  9. Elements for determining the causal  link between the dumping practice and the 
material injury; 
  10. Lodgement of the evidence it is intended to adduce;   11. Identification of the confidential documen tation, justification of its confidentiality 
and a non-confidential summary or version of that documentation; 
  12. Power of attorney when acting through an agent;   13. Evidence of the existence and represen tation of legal persons appearing among the 
applicants. 
 
PARAGRAPH:   Two copies of the application must be submitted, one for the public and the other 
for the confidential file.  ARTICLE 43.- ACCEPTANCE OF APPLICATION.   If INCOMEX, on examination of the 
application, finds that it meets the requirements of the preceding article, it shall accept it and so notify 
the applicant, within the next 5 working days .  If INCOMEX finds it necessary to request missing 
information for the purpose of accepting the application,  it shall ask the applicant to provide it.  This 
request shall interrupt the period established in the preceding paragraph, which shall start anew when 
the applicant supplies the inform ation requested.  Once the inform ation requested is supplied, 
INCOMEX shall, within the period mentioned above, proceed with the acceptance of the application.  
If after two months following the request for miss ing information such information has not been 
supplied in full, the applicant shall be considered to have withdrawn the application and an order will 
be issued for it to be filed.  
ARTICLE 44.- EVALUATION OF THE APPLICATION, TO DECIDE WHETHER TO 
INITIATE AN INVESTIGATION.   INCOMEX shall have a period of 20 working days following 
the date of dispatch of the notification of accepta nce to evaluate the accuracy and adequacy of the 
supporting information and evidence referred to in the preceding articles and decide whether the 
initiation of an investiga tion would be justified. 
  At this stage, INCOMEX may request  and gather evidence and information ex officio  or at the 
request of an interested party. 
  INCOMEX shall find grounds for initiating a dumping investigation provided it:   1. Confirms, by verifying the degree of s upport for, or opposition to, the application, 
that it has been made by or on behalf of the domestic industry.  For this purpose, 
INCOMEX shall send notifications to the known domestic producers or associations, 
which within 5 working days following the da te of dispatch of the notification must 
express in writing their support for, or oppositio n to, the application.  This period may 
be extended by up to 5 calendar days, at the request of a party.  G/ADP/N/1/COL/2 
 Page 19 
 
 
   
  If INCOMEX does not receive a reply within  the specified period, it will assume that 
there has been no expression of interest on the part of the domestic producer or 
association that has failed to reply; 
 
 2. Determines the existence of sufficien t, including circumstantial, evidence of 
dumping, injury and a causal link between the two. 
 PARAGRAPH:   For the purposes of establishing the accur acy and adequacy of the evidence supplied 
by the applicant, in order to determine whether ther e is sufficient evidence to justify the initiation of 
an investigation, INCOMEX may, either ex officio  or at the request of a party, extend the period 
specified in the first paragraph of this artic le, once only, for up to 20 additional days. 
 
ARTICLE 45.- CONFIDENTIALITY OF THE APPLICATION FOR AN INVESTIGATION.   
INCOMEX shall avoid any publicizing of the submi ssion of an investigation application before a 
decision to initiate an investigation has been made .  However, in the period between the acceptance of 
an application and the initiation of an investiga tion, it shall notify the government of the exporting 
Member country concerned that an application has been submitted.  ARTICLE 46.- INITIATION OF THE INVESTIGATION.   If in evaluating the application 
INCOMEX finds grounds for initiating an investigati on, it shall adopt a reasoned resolution to that 
effect, which shall be published in the Ministry of Foreign Trade Gazette, Chapter INCOMEX, on the 
day after it is issued.  If INCOMEX finds no ground s for initiating an investigation, it shall adopt a 
reasoned resolution to that effect, within the same time-limits.  ARTICLE 47.- DISPATCH AND RECEIPT OF QUESTIONNAIRES.   Within 7 working days 
following the date of publication of the resolu tion ordering the initiation of the investigation, 
INCOMEX shall forward a copy of the resolutio n and the forms designed for the purpose of 
requesting information on the case to the interested parties listed in the application, at the address 
indicated therein, and to the diplomatic or consular representatives of the country of origin or of export.  Other interested parties shall be conve ned within the same period by a notice published only 
once in a national newspaper with a broad circula tion, in order that they may express their duly 
substantiated views and present or request  the evidence they consider relevant. 
  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 40 calendar days following the date of thei r dispatch.  This period may be extended, in a 
reasoned resolution, by up to 10 further calendar days in the event of a duly justified request by the 
interested parties.   Replies sent by producers or exporters abroad sha ll be submitted in Spanish, or failing that in 
an official translation, as shall the documents intended to demonstrate the claims made by each 
interested party in the investigation. 
 
ARTICLE 48.- PROVISION OF APPLICATION FOR INVESTIGATION.   Within 7 working 
days following the date of publication of the r esolution initiating the investigation, INCOMEX shall 
provide the text of the application to the foreign producers, known exporters and the authorities of the 
exporting country and make it available, upon request, to other interested parties, subject to the 
requirement to protect confidential information. 
 PARAGRAPH:   In those cases in which the number of e xporters involved is pa rticularly high, the 
text of the application shall be provided only to the authorities of the exporting Member country or to the relevant trade association. G/ADP/N/1/COL/2 
Page 20  
 
   
ARTICLE 49.- PRELIMINARY DETERMINATION.   Within a period of 65 calendar days 
following the date of publication of the resolution in itiating the investigation, INCOMEX shall, in a 
reasoned resolution, announce the preliminary results of the investigation and, where appropriate, may 
order the imposition of provisional duties.  In no case may the preliminary determination be adopted 
sooner than 60 calendar days following the publi cation of the resolution ordering initiation. 
  The resolution adopting the preliminary determin ation shall be published the day after it is 
issued in the Ministry of Foreign Trade Gazette, Chapter INCOMEX.  
 Within 7 days following its publication, a copy  thereof 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 the other interested parties that have expressed an interest in the investigation and have 
supplied their address.  
 Where justified by special circumstances, INCOMEX may, ex officio  or upon application by 
an interested party, extend the period indicated for the preliminary determination by up to one month. 
 FIRST PARAGRAPH:   Documentation and information received during the 15 days preceding the 
expiration of the maximum time-limit  for the adopti on of a 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. 
 SECOND PARAGRAPH:   If INCOMEX considers it necessary, it shall send out new questionnaires 
subsequent to the preliminary de termination, within 7 working days following the issue of the 
resolution adopting the preliminary determination, and interested parties shall have a non-renewable 
period of 45 calendar days from the date of dispat ch of the questionnaires by INCOMEX in which to 
reply.  Replies shall be accompanied by supporting  documents and evidence, and by a list of the 
evidence for examination.  ARTICLE 50.- EXAMINATION OF EVIDENCE.   INCOMEX shall, ex officio  or at the request of 
an interested party, examine the evidence it cons iders useful, necessary and effective for purpose of 
verifying the facts investigated.  The period for th e examination of evidence shall expire two months 
after the date of publication of the resoluti on containing the preliminary determination. 
 ARTICLE 51.- VISITS FOR VERIFICATION PURPOSES.   For the purpose of verifying 
information received or obtaining more elements  needed for a review, INCOMEX may make any 
visits it considers relevant. 
 ARTICLE 52.- JOINT HEARINGS OF INTERESTED PARTIES.   Within 15 calendar days 
following publication of the resolution adopting the pr eliminary determination, interested parties in 
the investigation and in general any persons who have demonstrated  a legitimate interest in the 
investigation may apply for the holdi ng of a joint hearing of interested parties representing different 
interests, so that opposing views may be presented and rebuttal arguments offe red.  In holding such 
hearings account shall be taken of the need to prot ect the confidentiality of the information provided.  
The convening and holding of a hearing shall not pl ace any interested party under an obligation to 
attend, and failure to do so shall not be prejudicial to that party's case. 
 
 INCOMEX has 5 working days following the app lication in which to convene a hearing.  The 
hearing shall be held within one month from the da te of submission of the application or of an ex 
officio  invitation by INCOMEX. 
  G/ADP/N/1/COL/2 
 Page 21 
 
 
   Interested parties shall have the right, on ju stification, to present other information orally 
within the proceedings.  INCOMEX shall take this information and the arguments put forward in the 
course of the hearing into account only in so far as they are reproduced in writing and made available 
to other interested parties within 10 working days following the holding of the hearing.  
ARTICLE 53.- PRESENTATIONS.   Within 15 working days of the expiration of the period for the 
examination of evidence, interested parties partic ipating in the investigation shall have a sole 
opportunity to present their views on the investigati on in writing and/or to rebut evidence adduced and 
examined therein.  
ARTICLE 54.- PRESENTATION OF THE FINAL REPORT.   Within a period of three months 
following publication of the resolution adopting the preliminary determination, INCOMEX shall 
convene the Trade Practices Committee to present the fina l results of its investigation, in order for the 
Committee to form an opinion.  INCOMEX may extend th is period by up to one month if it considers 
that special circumstances justify such an extension. 
 
 If INCOMEX receives a request from the Trade Practices Committee for more information on the results of the investigation, it may postpone  the meeting for the length of time it considers 
necessary.   Once the Trade Practices Committee has given its op inion on the results of the investigation, 
INCOMEX shall, within the following three calendar da ys, send the interested parties participating in 
the investigation a document containing the essentia l facts which form the basis for the decision 
whether to apply definitive measures,  to enable them, within a period of 10 calendar days, provide the 
Committee with their comments in writing.  These comments may not relate to facts or circumstances 
not put forward before the expiration of the period specified in Article 53. 
 
 Replies must be sent to the Secretariat of the Trade Practices Committee which shall present 
them to the Committee, together with the corr esponding technical comments by INCOMEX, within a 
period of 10 calendar days, so that the Co mmittee may assess them and present a final 
recommendation to the Ministry.  
ARTICLE 55.- CONCLUSION OF THE INVESTIGATION.   Within seven calendar days 
following the adoption by the Trade Practices Comm ittee of the recommendation referred to in the 
last paragraph of the preceding article, the Minist ry of Foreign Trade shall adopt the appropriate 
decision in a reasoned resolution.  
 The resolution adopting the final decision shall be published on the day following its issue in 
the Ministry of Foreign Trade Gazette, Chapter INCOMEX.  Within seven days following its 
publication a copy shall be sent to the Member count ry or countries whose products form the subject 
of the determination or undertaking in question, as well as to the other interested parties that have 
expressed an interest in the inves tigation and supplied their address. 
 
ARTICLE 56.- EARLY TERMINATION OF THE INVESTIGATION.   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.  ARTICLE 57.- MAXIMUM PERIOD FOR THE INVESTIGATION.   To carry out and conclude 
an investigation, the authorities shall have a ma ximum period of eight months from the day following 
the date of publication of the resolution ordering its initiation. 
 G/ADP/N/1/COL/2 
Page 22  
 
  ARTICLE 58.- 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 and may request the issue of 
photocopies, as provided for in the Administrative Litigation Code.  ARTICLE 59.- CONFIDENTIALITY OF DOCUMENTS.   When initiating the investigation, 
INCOMEX shall open a separate file, in which shal l be placed the documents which the authorities, 
the applicant or the interested par ties provide on a confidential basis. 
  Such documents shall be treated as confiden tial in accordance with the provisions of the 
Political Constitution and may be inspected only by the authorities. 
 
 Persons who provide confidential document s 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 reasonabl e understanding of the substance of the information 
submitted in confidence.  In exceptional circumstance s, duly substantiated, such parties may indicate 
that such information is not su sceptible of summary.  If INCOMEX considers that the documents 
provided as confidential are not confidential in nature , it shall request the persons providing them to 
inform INCOMEX in writing that they waive such c onfidentiality or to state the reasons why they are 
unwilling to do so.   The confidential nature of a document cannot be adduced as grounds for refusing to provide it 
to the authorities requesting it in the proper exercise  of their functions.  The authorities are responsible 
for ensuring the confidentiality of such documents as  they receive in the course of the proceedings 
mentioned in this Decree.   Information provided as confidential shall not be disclosed without the specific permission of 
the party submitting it. 
 PARAGRAPH:   When, pursuant to this Article, docu ments are provided as confidential and non-
confidential summaries are not supplied, or the c onfidentiality is not waived when INCOMEX so 
requests, or no reasons are given for being unwilli ng to do so, or when the reasons are not duly 
justified, the documentation provided as confidential may be disregarded in th e investigation, unless it 
can be demonstrated to the satisfaction of the aut horities from appropriate sources that the information 
is correct.  
CHAPTER IX 
 
REVIEW OF DEFINITIVE ANTI-DUMPING DUTIES AND ACCEPTANCE OF 
STATEMENTS OF INTENT 
 
ARTICLE 60.- ADMINISTRATIVE REVIEW FOR CHANGE OF CIRCUMSTANCES.   A t  
any time on its own initiative or, provided that at least one year has elapsed since the imposition of definitive anti-dumping duties or the ac ceptance of statements of intent, upon request by an interested 
party, INCOMEX may initiate a review process for the purpose of establishing whether there has been 
a change in the circumstances that gave grounds for their imposition or acceptance sufficient to justify 
varying such determination.   If a foreign producer or exporter subject to the imposition of a definitive duty reduces the 
export price so as to nullify the remedial effect of the duty, the procedure for which this Article 
provides shall be initiated.   In any event, the interested party requesting a review shall be required to prove that there has 
been a change in circumstan ces that justifies its request.  G/ADP/N/1/COL/2 
 Page 23 
 
 
   
ARTICLE 61.- PURPOSE OF THE REVIEW.   In the application for review, the interested parties 
may request INCOMEX to examine the margins of dumping, the normal value and/or export price determined during the immediately preceding year, a nd as a consequence of such review to vary or 
remove the duty imposed or terminate acceptance of the statement of intent. 
 
 Likewise, the interested parties may request  INCOMEX to examine whether the continued 
imposition of the definitive anti-dumping duty or accepta nce of the statement of intent is necessary to 
offset the adverse effects of dumping which it is intended to remedy, as well as the likelihood of the 
injury continuing or recurring if the duty were removed or varied or acceptance of the statement of 
intent were terminated. 
 ARTICLE 62.- FIVE-YEAR REVIEW.   Notwithstanding the provisions of Articles 60 and 61 of 
this Decree, 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, 
in accordance with 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 w ithin a reasonable period of time 
prior to that date, that the expiry 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 
reckoned in accordance with the provisions of th e preceding paragraph, or upon request by the 
domestic industry, in which case the request must be submitted at least four months before the end of 
the fifth year.  
PARAGRAPH:   The definitive anti-dumping duties shall re main in force pending the outcome of the 
review.  ARTICLE 63.- REVIEW OF THE ACCEPTANCE OF STATEMENTS OF INTENT.   T h e  
authorities may carry out reviews for the purpose of determining whether the resolution accepting 
statements of extent should be extended. 
 
 If as a result of the review it is concluded that  it is not necessary to ma intain the undertakings 
assumed under the statement of intent, the Ministry of Foreign Trade shall i ssue a resolution ordering 
its termination, as well as that of the inves tigation, if the latter has been suspended. 
 ARTICLE 64.- REVIEW TO DETERMINE ANTI-DUMPING DUTIES FOR NEW 
EXPORTERS AND PRODUCERS.   INCOMEX, at the request of an exporter or producer of the 
product subject to definitive anti-dumping duties, ma y initiate a review proceeding to determine the 
appropriate individual margins of dumping.   For the purposes of the preceding paragraph, the exporter or producer of the product subject 
to definitive anti-dumping duties shall submit an application accompanied by documentation showing 
that:   1. The exporter or producer did not export the product subject to the imposition of anti-
dumping duties during the investigation period;  and 
 
 2. The exporter or producer is not related with any exporter or producer in the country 
exporting the product subject to anti-dumping duties to Colombia. 
 G/ADP/N/1/COL/2 
Page 24  
 
   INCOMEX shall proceed to carry out a review for the purpose of establishing an individual 
weighted average margin of dumping for such expor ter or producer.  The procedure applicable to 
these reviews shall be that established in this Chap ter, but the time allowed shall be reduced by one 
quarter.  
 While the review under this article is being ca rried out, the Ministry of Foreign Trade shall 
suspend the application of the anti-dumping duties to the exports of these producers or exporters.  
However, imports made after the commencement of the proceeding may be subject to security while 
the question of 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 is decided.  If the decision is 
affirmative, anti-dumping duties may also be imposed retroactively, from the date of initiation of the 
review proceeding.  
ARTICLE 65.- COMMON REQUIREMENTS FOR APPLICATIONS UNDER THIS 
CHAPTER.   Applications for review under this Chap ter shall be submitted to INCOMEX's Trade 
Practices Sub-Directorate or its Regional or Sectional Directorates.  In this latter case, the application 
shall be considered to have b een submitted two days after being filed, the time required by the 
Regional or Sectional Directorate to forward it to the aforementioned INCOMEX Sub-Directorate. 
  The application shall contain, at least , the following information and evidence: 
 
 1. The identity of the applicant; 
  2. The names and addresses of other interested parties, if available;   3. Evidence it is intended to adduce; 
 
 4. Statement of the probable effects of removing or varying the duty under review;   5. Arguments in support of the conclusion th at removal of the duty would be likely to 
lead to continuation or recurrence of dumping and injury; 
 
 6. Identification and justification of c onfidential information and a non-confidential 
summary thereof.  If it is claimed that su ch information cannot be summarized, an 
explanation of the reasons why it is not possible to provide a summary; 
  7. 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 under Article 64 of  this Decree, the information mentioned 
under items 4 and 5 shall not be required by the au thority.  However, information on normal value and 
export prices must be furnished.  ARTICLE 66.- ADDITIONAL REQUIREMENTS FOR APPLICATIONS FOR 
ADMINISTRATIVE REVIEW FOR CHANGE OF CIRCUMSTANCES.   In addition to those 
described in the preceding article, these applications must fulfil, at least, the following requirements: 
  1. Proof of interested party status; 
 
 2. Description and evidence of the change in circumstances;   3. Statement of what the authority is being asked to review: need to maintain the duty to 
offset dumping and/or prevent injury;  G/ADP/N/1/COL/2 
 Page 25 
 
 
   
 4. Indication of the aim in seeking a review:  variation, removal of the duty imposed;   5. Arguments in support of the conclusion that  variation of the duty would be likely to 
lead continuation or recurrence of dumping and injury. 
 
ARTICLE 67.- ADDITIONAL REQUIREMENTS FOR APPLICATIONS FOR A FIVE-YEAR 
REVIEW.   In addition to those described in Article 65 of this Decree, these applications must fulfil, 
at least, the following requirements:  
 1. Proof that the application is being made  by or on behalf of the domestic industry; 
  2. Precise indication of the anti-dumping duty which the applicant seeks to have 
reviewed; 
 
 3. Accounting and financial in formation relating to output, sales, inventories, prices and 
profits and information concerning inst alled capacity and employment.  This 
information shall be provided in conformity with the legislation in force and shall be 
signed by a certified public accountant or the company's statutory auditor; 
  4. Description of the trends in demand for,  and sales of, the product like to that subject 
to the anti-dumping duty, since the impositi on of the duty the applicant seeks to have 
reviewed. 
 
ARTICLE 68.- ACCEPTANCE, EVALUATION OF THE APPLICATION AND INITIATION 
OF THE REVIEW.   For the purposes of the acceptance and evaluation of the application and the 
initiation of the review, the procedure followed shall be  that laid down in Article 43, subparagraphs 1 
and 2 of Article 44, and Article 46 of this Decree, respectively.   There shall be grounds for initiating a review if the application is made in good time, if the 
person submitting the application is  entitled to do so, and if the a pplication is duly justified and 
accompanied by the evidence it is intended to adduce. 
 
ARTICLE 69.- INVITATION TO PARTICIPATE IN THE REVIEW.   The invitation to 
participate in the review shall be governed by the provisions of Article 47 of this Decree. 
  The above notwithstanding, interested parties shall have a period of two months from the 
publication of the invitation to indicate their readines s to participate in the review and supply, within 
the same period, any information which INCOMEX may request for these purposes.  Likewise, they 
must provide a statement, accompanied by suppor ting evidence, concerning the likely effects of 
removing the duty under review.   If there is good cause, the INCOMEX Directorate General may, by reasoned resolution, 
extend this period, once only, by up to 15 calenda r days.  Such extension shall apply to all those 
intending to accept the invitation.  ARTICLE 70.- ABSENCE OF PARTICIPANTS.   If the invitation is not accepted by the interested 
parties, where a review under Article 62 of this Decree is being conducted ex officio , INCOMEX shall 
order the closure of the investigation.  In this case, within 30 days following the expiry of the 
invitation period, the Ministry of Foreign Trade, sh all order, by reasoned resolution, the removal of 
the duty imposed.  G/ADP/N/1/COL/2 
Page 26  
 
   Where reviews under Article 60 of this Decree  are concerned, the absence of participants 
shall lead to the closure of the proceeding.  In th is case, the definitive duty and statements of intent 
shall be maintained unchanged.  
ARTICLE 71.- QUESTIONNAIRES, RE PLIES TO QUESTIONNAIRES AND 
FORWARDING OF APPLICATION.   Questionnaires and replies thereto, and the forwarding of 
the application to exporters and authorities of the exporting country shall be governed by the 
provisions of Articles 47 and 48 of this Decree, respectively.   The above notwithstanding, in replying to questio nnaires interested parties shall have a period 
of two months from the date of dispatch to retu rn the duly completed questionnaire to INCOMEX, in 
accordance with the provisions of Article 47 of this Decree.   For good cause, the INCOMEX Directorate Genera l may, by reasoned resolution, extend this 
period, once only, by up to 15 calendar days.  This extension shall apply to all the interested parties 
required to reply to the questionnaires. 
 ARTICLE 72.- TIMELINESS OF PARTICIPATION IN THE PROCEEDINGS.   Once the 
periods for replying to the questionnaires have expire d, those who have failed to express an interest 
may not be considered interested parties in th e proceedings.  This shall not prevent them from 
providing information they consid er relevant, which may be ta ken into account by INCOMEX. 
 
ARTICLE 73.- EXAMINATION OF EVIDENCE.   INCOMEX, ex officio  or at the request of an 
interested party, shall examine th e evidence it considers useful, necessary, relevant and effective for 
the purpose of verifying the facts.  The period  for the examination of evidence shall expire 
two months after the expiration of the period allowed for receiving questionnaires and inviting 
interested parties to participate. 
  At any time and before the commencement of the period for presentations, INCOMEX may 
make visits for verification purposes, in accordance with Article 51 of this Decree. 
 ARTICLE 74.- HEARINGS.   At any time, once only, between the initiation of the investigation and 
the expiration of the period for the examination of ev idence, at the request of a party, joint hearings 
may be held in accordance with the prov isions of Article 52 of this Decree. 
 ARTICLE 75.- PRESENTATIONS.   Within 15 working days following the expiration of the period 
for the examination of evidence, in terested parties participating in the investigation shall have, once 
only, an opportunity to present their views on the investigation in writing and/or to rebut the evidence 
adduced and examined therein.  ARTICLE 76.- CONCLUSIONS OF THE REVIEW.   Within four months following the expiration 
of the period for the examination of eviden ce, INCOMEX, on the basis of the evidence and 
information available or on the basis of the best in formation available, shall draw up a technical report 
bringing to an end the review for which this Ch apter provides.  The report shall contain INCOMEX's 
findings and conclusions with respect to th e relevant questions of fact and law. 
  The report which concludes the review sha ll recommend the maintenance, variation or 
termination of the definitive anti-dumping duty or the acceptance of statements of intent. 
 
 Within the period specified in this article , INCOMEX shall convene the Trade Practices 
Committee to present the final results of its invest igation, in order for the Committee to form an 
opinion.  INCOMEX may extend this period by up to one month if it considers that special 
circumstances justify such an extension.  G/ADP/N/1/COL/2 
 Page 27 
 
 
   
ARTICLE 77.- FINAL DETERMINATION.   For the purposes of the final determination the 
provisions of Articles 54 and 55 of this Decree shall be observed.  ARTICLE 78.- TERMINATION OF THE DUTY IMPOSED.   If as a result of a review under this 
Chapter, it is concluded that there is no justif ication for maintaining a definitive anti-dumping duty, 
the Ministry of Foreign Trade sh all terminate it immediately and inform the National Revenue and 
Customs Directorate (DIAN) of the action it has taken.  ARTICLE 79.- REFUND OF ANTI-DUMPING DUTIES.   The resolution ordering the removal or 
variation of the definitive anti-dumping duty sha ll establish whether it should be refunded by the 
National Revenue and Customs Directorate (DIAN) and refer to the Directorate those matters that fall within its competence.  
ARTICLE 80.- ACCESS TO THE RECORD AND PROTECTION OF CONFIDENTIAL 
INFORMATION.   In the proceedings for which this Ch apter provides, the rules on access to the 
record and the protection of confidential informatio n laid down in Articles 58 and 59 of this Decree 
shall be observed.  
CHAPTER X 
 
SPECIAL RULES APPLICABLE TO REVIEWS FOR CHANGE OF CIRCUMSTANCES 
AND FIVE-YEAR REVIEWS 
 
ARTICLE 81.- DETERMINATION OF THE LI KELIHOOD OF CONTINUATION OR 
RECURRENCE OF MATERIAL INJURY.   In reviews carried out in accordance with the 
provisions of Chapter IX of this Decree, INCOMEX shall determine whether there is a likelihood that 
the removal of a duty imposed or the termination of acceptance of a statement of intent would lead to the continuation or recurrence of material injury within a reasonably foreseeable period.  For this 
purpose it shall consider the actual or potential volu me of exports, their effects on prices and the 
possible effects of imports of the product subject to  the definitive duty or acceptance of statements of 
intent on the domestic industry if the definitive duty imposed or the statement of intent accepted were 
revoked. 
  INCOMEX shall take into considerati on, among other factors, the following: 
  1. Previous determinations of injury, including volume, the effect on prices and the 
impact of imports of the pr oduct on the domestic industry; 
  2. Improvements in the state of the domestic industry brought about by the duty 
imposed or statements of intent;  and 
  3. Whether the domestic industry is likely to suffer material injury if the duty imposed is 
removed or statements of intent are terminated. 
 ARTICLE 82.- IMPORT VOLUME.   In evaluating the likely volume of imports of the product 
subject to definitive duty or acceptance of statemen ts of intent, in the event of the definitive duty 
being removed or the acceptance of statements of intent being terminated, INCOMEX shall examine 
whether the likely volume of imports of the product subject to anti-dumping duties would be 
significant if the duty imposed were removed or the st atement of intent terminated, either in absolute 
terms or relative to produc tion or consumption in Colombia.  In its analysis, INCOMEX may take into 
account all relevant economic factors, including the following:  G/ADP/N/1/COL/2 
Page 28  
 
   1. Any likely increase in production capacity or existing unused production capacity in 
the exporting country; 
  2. Existing inventories of the product subj ect to anti-dumping duties or a statement of 
intent in the exporting country, or likely increases in inventories;  and 
 
 3. Lists of barriers to the importation of the product subject to anti-dumping duties or a 
statement of intent into countries other than Colombia. 
 ARTICLE 83.- PRICE.   In evaluating the likely effects on the prices of imports of the product 
subject to definitive duty or a statement of intent if one or the other is revoked, INCOMEX shall take 
into account the likelihood of imports of such a produc t entering Colombia at prices that would have a 
significant depressing or suppressing effect on the prices of domestic like products.  ARTICLE 84.- IMPACT ON THE DOMESTIC INDUSTRY.   In evaluating the possible impact 
on the domestic industry of imports of the product subject to definitive duty or the acceptance of 
statements of intent, if the definitive duty were re moved or the acceptance of the statement of intent 
terminated, INCOMEX shall take into account all rele vant economic factors likely to have a bearing 
on the state of the domestic industry in Colombia, including, but not limited to, the following:   1. Likely declines in output, sales, market share, profits, productivity, return on 
investments and utilization of capacity; 
  2. Likely negative effects on cash flow, inve ntories, employment, wages, growth, ability 
to raise capital, and investment;  and 
 
 3. Likely negative effects on the developm ent and production efforts of the domestic 
industry, including efforts to develop a deri vative or more advanced version of the 
domestic like product. 
  INCOMEX shall evaluate all the relevant economic  factors described in this article within the 
context of the business cycle and the conditions of competition that are distinctive to the affected 
industry. 
 ARTICLE 85.- BASIS FOR DETERMINATION.   The presence or the absence of any factor which 
INCOMEX is required to take into account shall no t necessarily give decisive guidance with respect 
to its determination of the possibility of material injury continuing or recurring within a reasonably 
foreseeable time if the definitive duty is remove d or the acceptance of statements of intent is 
terminated.  In making that determination, INCO MEX may take into account that the effects of 
removing the duty imposed or terminating the accep tance of statements of intent may not be 
imminent, but may manifest themselve s only over a longer period of time. 
 ARTICLE 86.- CUMULATION.   In the reviews for which this Decree provides, INCOMEX may 
cumulatively assess the volume and effect of imports of  the product subject to definitive duty or the 
acceptance of statements of intent from all countries with respect to which reviews may be initiated, 
provided they are in the same procedural stage, if there is a possibility of such imports competing with 
each other and with domestic like products in the Colombian market.  
 However, INCOMEX may not make the cumu lative assessment described in the preceding 
paragraph if it determines that such imports are likely to have no discernible adverse impact on the domestic industry.   G/ADP/N/1/COL/2 
 Page 29 
 
 
  ARTICLE 87.- DETERMINATION OF LIKE LIHOOD OF CONTINUATION OR 
RECURRENCE OF DUMPING.   In a review conducted in accordance with the provisions of this 
Decree, INCOMEX shall determine whether the remova l of the duty imposed or termination of the 
acceptance of a statement of intent could lead to c ontinuation or recurrence of sales of the product in 
question at less than its normal value.  For this purpose, INCOMEX shall take into account: 
 
 1. The weighted average margins of dumping  determined in the investigation and any 
subsequent reviews;  and 
  2. The volume of imports of the product fo r the period before and the period after the 
imposition of anti-dumping duties or the acceptance of statements of intent. 
 ARTICLE 88.- CONSIDERATION OF OTHER FACTORS.   In addition to the factors mentioned 
in this Decree, if good cause is shown, INCOMEX sh all also take into account such other price, cost, 
market or economic factors as it deems necessary, if any. 
 
ARTICLE 89.- TREATMENT OF ZERO OR DE MINIMIS  MARGINS.   Margins of dumping 
that are de minimis  shall not by themselves be sufficient to require INCOMEX to determine that the 
removal of a definitive duty or the termination of  acceptance of a statement of intent would not be 
likely to lead to continuation or recurre nce of sales at less than normal value. 
 
TITLE III 
 
IMPOSITION OF ANTI-DUMPING DUT IES ON IMPORTS FROM COUNTRIES 
WITH WHICH COLOMBIA HAS NOT SIGNED CORRESPONDING 
TREATIES OR TRADE AGREEMENTS 
 
SOLE CHAPTER 
 
ARTICLE 90.- SCOPE OF APPLICATION.   In proceedings for determining the need to impose 
anti-dumping duties on imports from countries with wh ich Colombia has not signed Treaties or Trade 
Agreements, in the corresponding investigation and in applying such measures the rules laid down in 
this Decree shall be observed, with the reservations for which this Title provides. 
 ARTICLE 91.- EVIDENCE OF INJURY.   Where Colombia has not entered into international 
commitments with respect to the imposition of anti-dumping duties which require it to furnish 
evidence of injury, anti-dumping duties may be imposed  merely on the basis of proof of the existence 
of dumping.  For this purpose, consideration shall be given to whether in the country of export or 
origin evidence of injury would be granted to Colombian exports.   The applicant must provide the information refe rred to in Article 42 of this Decree, in order 
that INCOMEX may assess the behaviour of the accounting and financial aspects of the domestic industry making the application, for the purpose of explaining the final decision by the Ministry of 
Foreign Trade. 
 ARTICLE 92.- NORMAL VALUE.   For the purposes of determining normal value in the 
investigations for which this Title provides, INCOMEX may choose, unconditionally, between the 
price paid when the like product is sold for consum ption in the domestic market of the country of 
origin or export, in the ordinary course of trade, the export price for a like product exported to a third 
country, provided it is representative, and the constructed price of a like product. 
 G/ADP/N/1/COL/2 
Page 30  
 
  ARTICLE 93.- SELECTION OF SALES FOR CALCULATING NORMAL VALUE.   I n  
determining normal value, INCOMEX may depart from the criteria laid down in Article 9 of this 
Decree for disregarding sales in the country of origin or of export.  ARTICLE 94.- REPRESENTATIVENESS OF THE APPLICATION.   An application for the 
investigation of imports under this Title shall be deemed to have been made by or on behalf of the 
domestic industry if submitted by domestic pr oducers accounting for 25 per cent of domestic 
production of the like product.  
ARTICLE 95.- EVALUATION OF THE APPLICATION FOR THE INITIATION OF AN 
INVESTIGATION.   The evaluation of the justification for an investigation under this Title shall be 
governed by the provisions of Article 44 of this Decree.   The above notwithstanding, IN COMEX shall determine the exis tence of grounds for initiating 
a dumping investigation provided that it: 
 
 1. Confirms that the applicants account for 25 per cent of domestic production of the 
like product; 
  2. Determines the existence of sufficien t, including circumstantial, evidence of 
dumping. 
 
ARTICLE 96.- INITIATION OF INVESTIGATION AND IMPOSITION OF DUTIES.   When 
the order is given to initiate an investigation of imports of products originating in countries with 
which Colombia has not entered into trade commitm ents for the application of anti-dumping duties, 
INCOMEX, in accordance with Article 23 of this D ecree, may impose provisional duties at any time, 
including in the resolution ordering initiation.  In this case, INCOMEX's questionnaires shall be 
dispatched after the imposition of the provisional duti es.  Once the investigation has been initiated, 
INCOMEX shall make the non-confidential documents available to all interested parties, including 
the foreign producers, the authorities of the exporting country and known exporters.  ARTICLE 97.- IMPOSITION AND DURATION OF ANTI-DUMPING DUTIES.   Anti-dumping 
duties on imports of products originating in countries to  which this Title relates shall be imposed for a 
period of five years, which may be successively ex tended for equal periods of time, unless, at any 
time after the expiration of their initial period of va lidity, the exporters, foreign producers or importers 
of the product subject to the duty show that there is  no need to maintain it.  The authorities may, at 
any time, decide to remove the duty imposed if they  have evidence showing that there is no need to 
maintain it. 
 
TITLE IV 
 
IMPOSITION OF ANTI-DUMPING DUTIE S ON IMPORTS FROM COUNTRIES NON-
MEMBERS OF THE WORLD TRADE ORGANIZATION (WTO) WITH WHICH 
COLOMBIA HAS SIGNED CORRESPONDING TREATIES 
OR TRADE AGREEMENTS 
 
SOLE CHAPTER 
 ARTICLE 98.- SCOPE OF APPLICATION.   In proceedings for determining the need to impose 
anti-dumping duties on imports from countries non-members of the World Trade Organization (WTO) with which Colombia has signed Treati es or Trade Agreements, in the corresponding 
investigation and in applying such measures the rule s laid down in the respective Treaty or Agreement 
shall be observed.  G/ADP/N/1/COL/2 
 Page 31 
 
 
   
 Without prejudice to the provisions of the pr eceding paragraph, in conducting the proceedings 
and in applying anti-dumping duties the provisions of  Title III of this Decree shall be observed, 
wherever relevant.  
TITLE V 
 
COMMON PROVISIONS 
 
ARTICLE 99.- ADOPTION OF DECISIONS.   In cases in which any interested party refuses 
access to, or otherwise does not 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 best information available.  ARTICLE 100.- TECHNICAL REPORTS.   After the adoption of decisions by INCOMEX or the 
submission of the results of its evaluations to the Trade Practices Committee or the Ministry of 
Foreign Trade, the Investigation Division of INCOMEX's Trade Practices Sub-Directorate shall draw 
up a technical report containing the findings and conc lusions reached with respect to all relevant 
points of fact and law.  ARTICLE 101.- CONCURRENT INVESTIGATIONS.   Investigations to establish the correct 
valuation of imports conducted by the National Re venue and Customs Directorate (DIAN) may be 
carried out at the same time as investig ations into dumping conducted by INCOMEX. 
 ARTICLE 102.- INTERINSTITUTIONAL COOPERATION.   If, in the course of administrative 
proceedings, INCOMEX has information that lead s it to believe that customs undervaluation or 
underinvoicing may exist, it shall send, on its own in itiative, a copy of all relevant documents to the 
National Revenue and Customs Directorate (DI AN), without prejudice to the continuation of 
proceedings with regard to matters within its own competence.  ARTICLE 103.- FORWARDIN G OF RESOLUTIONS.   INCOMEX shall forward to the National 
Revenue and Customs Directorate (DIAN) copies of  resolutions determining the application of 
provisional or definitive anti-dumping duties or va rying or suspending duties already established. 
 ARTICLE 104.- CORRECTION OF ADMINISTRATIVE ERRORS.   INCOMEX shall establish 
procedures for correcting any errors in final determ inations within a reasonable time after publication 
of the resolutions in which they are contained.  Such procedures shall en sure the opportunity for 
interested parties to present their views regarding an y such errors.  "Administrative error" shall be 
taken to mean an error in an arithmetic function.  ARTICLE 105.- RESPONSIBILITIES.   For the purposes of this Decree, the Ministry of Foreign 
Trade, the Trade Practices Committee referred to  in Article 31 of Decree 2350 of 1991, and 
INCOMEX shall have the following functions: 
 
 1. Ministry of Foreign Trade:  To adopt final decisions resulting from investigations and 
from duty review or anti-circumvention proceed ings and to settle questions relating to 
statements of intent submitted to it; 
 
 2. Trade Practices Committee:  To give the Ministry of Foreign Trade its opinion on: 
statements of intent;  the results of th e final study conducted by INCOMEX in the 
course of the investigation;  the impositi on, removal, extension or variation of 
definitive anti-dumping duties and the termin ation of the acceptance of statements of 
intent, as well as on anti-circumvention pro ceedings.  It is also the Committee's G/ADP/N/1/COL/2 
Page 32  
 
  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 Articles 49 and 54 to the time limits for preliminary and final determinations established in this 
Decree; 
 
 3. INCOMEX:  To conduct the investigations for which this Decree provides, to make 
the evaluations and issue the recommendations  indicated therein.  To communicate, 
by reasoned resolution, the result of the in itiation of the proceedings mentioned in the 
preceding paragraph and of the preliminar y evaluation and to impose provisional 
duties, where appropriate, to communicate by resolution the terms of statements of 
intent under Article 30 of this Decree, to prepare for each proceeding or investigation 
a study that includes the final results thereo f, to grant and/or adopt the extensions 
envisaged in the course of the investigation,  without prejudice to all its other inherent 
powers as an investigating authority. 
 
ARTICLE 106.- PROCEDURE S AND REQUIREMENTS.   INCOMEX shall establish the internal 
procedures, the application manual, the fo rms and other requirements necessary for the 
implementation of this Decree.  
ARTICLE 107.- CONSULTATION OF THE SUPERVISORY AUTHORITY FOR INDUSTRY 
AND TRADE.   The Trade Practices Committee shall consult the Supervisory Authority for Industry 
and Trade or its representative before making the recommendation to the Minister of Foreign Trade 
referred to in Articles 31, 54 and 76 of this Decree.  ARTICLE 108.- ABROGATION.   This Decree abrogates any conflicting provisions, in particular 
Decree 299 of 1995, in so far as it relates to the application of anti-dumping duties. 
 ARTICLE 109.- ENTRY INTO FORCE.   This Decree shall enter into force on the date of its 
publication.  FOR PUBLICATION AND IMPLEMENTATION 
Done at Santafé de Bogotá D.C., on 
 
ANTONIO JOSÉ URDINOLA 
Minister of Finance and Public Credit 
 CARLOS RONDEROS 
Minister of Foreign Trade 
 
__________