WORLD TRADE  
ORGANIZATION  G/C/W/5481 
2 May 2006 
 
 (06-2103) 
Council for Trade in Goods Original:   Spanish 
  
 
CONCERNS AND QUESTIONS DIRECTED TO COLOMBIA REGARDING CERTAIN 
CUSTOMS MEASURES APPLIED TO IMPORTS OF GOODS FROM PANAMA 
AND OTHER WTO MEMBERS 
 
 
 The following communication, dated 25 April 2006,  is being circulated at the request of the 
delegation of Panama.  
_______________ 
  
A. 
BACKGROUND  
 Over the past few years, the National Cu stoms and Excise Directorate (DIAN) of the 
Republic of Colombia has been issuing resolutions that directly affect trade from Panama, and more specifically, the trade generated by the free zone  located in our country known as the "Colón Free 
Zone". 
 
 The first of these, Resolution No. 7926 identif ying authorized sites for the entry of goods 
from Panama, was issued on 8 September 2004.   This was immediately followed by 
Resolution No. 08073 of 10 September 2004 adding an authorized site for the entry of goods from Panama.  Both resolutions were then repealed by  internal decisions of the Colombian authorities. 
 
 Subsequently, in June 2005, the DIAN of  Colombia issued Resolution No. 05474 dated 
29 June 2005 establishing indicative f.o.b. prices for footwear from Panama and China.  This was the first of a series of resolutions of which there are a to tal of 11 today, most of them still in force, and it 
is these resolutions that are causing us concern and th at are the subject of the questions we are raising 
with the delegation of Colombia today. 
 
 The resolutions issued by the DIAN of Colombia not only affect and refer directly to Panama, 
but a number of them are specifically directed at major WTO Members, including the People's Republic of China;  the Republic of Korea;  Hong Kong, China;  India;  Indonesia;  Malaysia;  
Pakistan;  Thailand;  Chinese Taipe i;  Singapore;  and the Philippines. 
 
 In the case of Panama, all of the resolutions i ssued by the DIAN affect the trade generated by 
the Colón Free Zone, which is of considerable  economic importance to our country since its 
commercial activity accounts for approximately eight per cent of our GDP.  
 
 
                                                     
 
1 This document slightly amends the previous document distributed as G/VAL/W/154 dated 
18 April 2006. G/C/W/548 
Page 2  
 
  B. 
QUESTIONS  
 Below are a number of questions to which we would appreciate answers from Colombia 
during the meeting:  1. We have heard that the National Customs and Excise Directorate (DIAN) of the Republic of 
Colombia (DIAN) is maintaining in force a number of resolutions
2 by which it applies "indicative 
prices" to certain goods originating in or im ported from Panama, China and other WTO Members. 
We would ask Colombia to clarify this informa tion and explain the reasons and legal basis for 
adopting these resolutions. 
2. In this connection, we would like to know how Colombia reconciles the measures listed 
above with its general national treatment and MF N obligations and its commitment to refrain from 
imposing discriminatory restrictions on imports from Panama and other WTO Members, when 
indicative prices are applied in particular instances. 
3. We would also like to know if Colombia current ly has any legislation, technical regulations, 
or measures of any other kind which provide for a li st of ports through which certain types of goods 
may enter the country's customs territory.  If so, how  would Colombia seek to ensure the consistency 
                                                      
2 The resolutions are: 
• Resolution No. 05474 of 29 June 2005 (establishing indicative prices for footwear from China 
and Panama); 
• Resolution No. 08628 of 20 September 2005  (establishing indicative prices for stockings and 
socks from South Korea;  North Korea;  China;  H ong Kong, China;  India;  Indonesia;  Malaysia;  
Pakistan;  Panama;  Thailand;  and Chinese Taipei); 
• Resolution No. 08743 of 22 September 2005 (establishing indicative prices for textile products 
under subheadings 52.0811.00 to 60.06.34.00 of Chapters 52, 54, 55, 56, 59, 60 and 63 of 
Colombia's Import Tariff, originating in and/or coming from South Korea;  North Korea;  China;  
Hong Kong, China;  India;  Indonesia;  Malaysia;  Pakistan;  Panama;  Thailand;  and Chinese Taipei); 
• Resolution No. 09477 of 12 October 2005  (establishing indicative prices  for certain electrical or 
gas domestic appliances from China and Panama); 
• Resolution No. 10760 of 15 November 2005 (establishing indicative prices for lighters from 
China and Panama); 
• Resolution No. 10953 of 18 November 2005  (establishing indicative prices for blankets and 
travelling rugs from South Korea;  China;  and Panama); 
• Resolution No. 11285 of 25 November 2005  (establishing indicative prices for exercise books 
from China;  Indonesia;  and Panama; 
• Resolution No. 11439 of 29 November 2005 (establishing indicative prices for textile products 
under subheadings 610120000 to 6302510000 from South Korea;  North Korea;  China; 
Philippines;  Hong Kong, China;  India;  Indonesia;  Malaysia;  Pakistan;  Panama;  Singapore;  
Thailand;  Chinese Taipei;  and Vietnam); 
• Resolution No. 05796 of 7 July 2005  (stipulating that all goods classified under Chapters 50 to 
64 of the Customs Tariff, originating in or imported from Panama and China, shall enter and be 
imported into the territory of Colombia only through El Dorado National Airport In Bogotá if arriving by air, and through the port of Barranquilla if arriving by sea), valid until 
31 December 2005 only.  However, through Resolution No. 12465 of  21 December 2005, the 
validity of this measure was extended to 30 June 2006; 
• Resolution No. 10118 of 27 October 2005 (establishing that in addition to the requirements laid 
down in Article 188 of Resolu tion No. 4240 of 2000, all commerc ial invoices for goods imported 
from Panama's Colón Free Zone must contain the name or business name, the tax identification number (NIT) and the address of the buyer in Colombia in accordance with the Single Tax 
Register ( Registro único tributario – RUT).   G/C/W/548 
 Page 3 
 
 
  of the measures adopted against Panama and othe r trading partners limiting access of goods from 
those countries to certain ports. 
4. We understand that Columbia requested a rese rvation in accordance with paragraph 2 of 
Annex III of the Agreement on Implementation of Ar ticle VII of the General Agreement on Tariffs 
and Trade 1994, which was adopted by the Committee on Customs Valuation on 18 May 2000 for 
certain textile products for periods of 1, 2 and 3 years respectively.  Is this information correct? 
5. Did this reservation expire in 2003?  If so, on what provisions of the WTO agreements does 
Colombia base its application of minimum or indicat ive prices for certain goods in respect of certain 
countries only?  What is the legal basis for su ch measures and for the products they cover? 
6. We would be grateful if Colombia could explai n how the adoption of the resolutions at issue 
can be reconciled with the obligations set forth in Article VII of the GATT 1994.  Could Colombia 
please explain the valuation methods that it normally uses for the importation of goods into its territory and how they are implemented in line w ith the measures adopted against Panama and other 
countries. 
 These questions were formulated taking account of the rights and obligations of Panama and 
Colombia as WTO Members.  Specifically, th ey are submitted pursuant to the Agreement on 
Implementation of Article VII of the General Ag reement on Tariffs and Trade 1994, and the General 
Agreement on Tariffs and Trade (GATT).  
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