WORLD TRADE  
ORGANIZATION  G/SG/N/16/COL/4 
26 June 2006 
 
 (06-3111) 
Committee on Safeguards Original:   Spanish 
  
 
NOTIFICATION UNDER SECTION 16.1 OF THE PROTOCOL ON THE 
 ACCESSION OF THE PEOPLE'S REPUBLIC OF CHINA 
 TO THE WTO 
 
Made-Up Products
 
 
  The following communication, dated 14 June 2006,  is being circulated at the request of the 
delegation of Colombia.  
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  Pursuant to the provisions concerning the notif ication of safeguard actions under section 16 of 
the Protocol on the Accession of the People's Rep ublic of China to the WTO, Colombia hereby 
notifies that its competent authorities have ordere d, by Resolution No. 0097 of 2 May 2006 of the 
Ministry of Commerce, Industry and Tourism, the closure of the investigation initiated by 
Resolution 0662 of 28 November 2005 of the Ministry of Commerce, Industry and Tourism, concerning the following products:  1. Product subject to investigation
:  Made-up products classified under the following Colombian 
Harmonized Customs Tariff subheadings:  61.08.21.00.00, 61.08.22.00.00, 61.08.29.00.00, 
61.10.11.00.00, 61.10.12.00.00, 61.10.19.00.00, 61.10.20.00.00, 61.10.30.10.00, 61.10.30.90.00, 61.10.90.00.00, 62.12.10.00.00, and 62.12.30.00.00. 
2. It should be noted that Colombia is keepi ng open the investigation regarding imports of 
articles of men's underwear classified under tari ff subheadings 61.07.11.00.00, 61.07.12.00.00 and 
61.07.19.00.00 and the transitional measures the Co lombian Government adopted by Decree 364 of 
8 February 2006, as notified in note MPC-089-06 of  17 February 2006 from the Permanent Mission of 
Colombia to the WTO. G/SG/N/16/COL/4 
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  MINISTRY OF TRADE, INDUSTRY AND TOURISM 
 
RESOLUTION NO. 0097 OF 2 MAY 2006 
 
Ordering the closure and ending of administrative investigations 
initiated by Resolution 0662 of 28 November 2005 
 
THE DIRECTOR OF FOREIGN TRADE 
 
In exercise of the authority conferred on her by law, particularly Article 18.5 
of Decree Law 210 of 2003, and pursuant to Decree 1480 of 2005, and 
 
CONSIDERING 
 
That the request of the companies C.I. Antonella S. A., Confecciones Leonisa S. A., Industrias 
Printex S. A., and Punto Sport Ltda., which represent a major proportion of the domestic industry, the 
Directorate of Foreign Trade of the Ministry of Trade, Industry and Tourism, by Resolution 0662 of 
28 November 2005, ordered the initiation of an ad ministrative investigation for the purpose of 
determining the imposition of safeguard measur es on imports of articles of women's underwear 
originating from the People's Republic of China cl assified under tariff subheadings:  62.12.10.00.00, 
62.12.30.00.00, 61.08.21.00.00, 61.08.22.00.00 and 61.08.29.00.00, contained in files SA-215-04-40, 
SA-215-04-41 and SA-215-04-42; 
 That at the request of a major proportion of the do mestic producers of sweaters, represented by the 
companies Tejidos Modolana Ltda., Tejidos Osilo Ltda., Peláez Restrepo Cia. Ltda., Tejidos Jamer 
Ltda., Vogarís S. A., Confecciones Alison Ltda., Pecora Ltda., Tejidos Galia Ltda., Hernández 
Hernández  Amilcar, Luís Alejandro Ayala Bernal, Tejidos Maricela Lt da., Tejidos Nono S.A., Tejidos 
San Romo S. A., and Tejidas Acapulco Ltda., likewise ordered by Resolution 0662 of 2005, the 
initiation of an administrative investigation fo r the purpose of determining the imposition of 
safeguards on imports of the said products classi fied under tariff subhead ings 61.10.11.00.00, 
61.10.12.00.00, 61.10.19.00.00, 61.10.20.00.00, 61.10.30.10.00, 61.10.30.90.00 and 61.10.90.00.00, contained in file SA-215-04-43; 
 
That the said investigations were conducted on th e basis of Decree 1480 of 11 May 2005 regulating 
the procedure for the application of transitional pr oduct-specific safeguard measures, provided for in 
section 16 of the Protocol of Accession on the People's Republic of China to the World Trade Organization; 
 
That the requesting party referred to in the firs t preambular paragraph of this Resolution, in 
communications of 7 and 21 April 2006 submitted to th e Ministry of Trade, Industry and Tourism by 
a legal representative, formally withdrew the re quest for the application of safeguard measures 
referred to in Resolution 0662 of 2005, since it will be submitting a request for an investigation for the 
purpose of applying anti-dumping duties on imports  of women's underwear, pursuant to Decree 991 
of 1998, instead of the safeguard measures; 
 That with regard to the investigation concer ning imports of sweaters, the Trade Practices Sub-
Directorate found inconsistencies in the fina ncial and economic information accompanying the 
request, and by communications of 23 December 2005 and 28 February 2006, asked the requesting 
companies to correct the figures, the differences noted being relevant to the analysis to be carried out 
in the investigation for the adoptio n of definitive safeguard measures. 
 That in view of the fact that two months have elap sed since that last request without any reply having 
been obtained, it is understood that the requesti ng companies wittingly allowed the deadline set in  G/SG/N/16/COL/4 
 Page 3 
 
 
  Article 13 of the Administrative Disputes Code to expi re and that this amounts to a tacit withdrawal of 
the request;  That Article 8 of the Administrative Disputes Code provides expressly for requests to be withdrawn at any time, although the authorities are free to pursue the measures if they deem th is to be necessary in 
the public interest; 
 That in view of the express withdrawal of the re quest in the case of the ar ticles of women's underwear 
and the tacit withdrawal of the request in the case of  the sweaters, the investigations should be closed 
and the relevant files archived without prejudice to the ability of the interested parties to file a new 
request on the same matter at some later date. 
 In view of the foregoing,  
RESOLVES 
 
Article 1 .  To order the closure of the administrative investigation initiated by Resolution 0662 of 
28 November 2005 issued by the Foreign Trade Directorate, concerning imports of articles of women's underwear and sweaters originating from th e People's Republic of China classified under 
tariff subheadings 62.12.10.00.00, 62.12.30.00.00, 61.08.21.00.00, 61.08.22.00.00, 61.08.29.00.00, 61.10.11.00.00, 61.10.12.00.00, 61.10.19.00.00, 61.10.20.00.00, 61.10.30.10.00, 61.10.30.90.00 and 
61.10.90.00.00, and as a consequence to end the in vestigations in accordance with the preamble to 
this Resolution.  Article 2 .  To notify this resolution to known importe rs, exporters and domestic  and foreign producers 
of the product under investigation and to the Gove rnment of the People's Republic of China through 
its diplomatic representative in Colombia. 
 Article 3 .  To send a copy of this resolution to the National Customs and Excise Directorate in the 
interest of matters falling within the latter's competence.  Article 4 .  In accordance with the provisions of Article  49 of the Administrative Disputes Code, this 
resolution is not open to appeal. 
 Article 5 .  This resolution shall take effect from the da te of its publication in the Official Journal. 
 
FOR PUBLICATION, COMMUNICATION AND EXECUTION 
 Done at Bogotá, D.C., on 2 May 2006 
   (signed) 
Flor Maria Pinilla Poveda 
 
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