WORLD TRADE  
ORGANIZATION  G/ADP/Q1/COL/3 
G/SCM/Q1/COL/3 30 October 2007 
 
 
(07-4718) 
Committee on Anti-Dumping Practices Committee on Subsidies and Countervailing Measures Original:   Spanish 
 
  
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS 
 
Replies to Questions Posed by the EUROPEAN COMMUNITIES
1 
and the UNITED STATES2 Regarding the  
Notification of COLOMBIA3 
  
 The following communication, dated 22 October 2007, is being circulated at the request of 
the delegation of Colombia.  
_______________ 
 
 
REPLIES BY COLOMBIA TO THE QUESTIONS POSED
 
BY THE EUROPEAN COMMUNITIES  
 
Question 1  
 
 The wording in Article 19(b) does not seem to fully cover the criteria set out in 
Article 3.3(b) of the ADA, which refers to conditions of competition between the imported products and the conditions of competition between the imported products and the like domestic product.  In the light of this, could Colombia please explain how it applies 
Article 19(b)? 
 
Reply
 
  For the purposes of the cumulative assessment of the dumping, the investigating authority examines the similarity between the imported products  from various origins that are the subject of the 
investigation and the domestic product.  In this connection, the authorities must ensure that the 
imported products and the domestic  product meet the criteria laid down in Article 4 of Decree 991, 
which defines the concept of like product . 
  The investigating authority also tak es into account the following criteria, inter alia :  the 
characteristics of the product, the use of the produc t corresponding to these characteristics, as well as 
the degree of interchangeability, fungibility, or subs titutability of the said goods, which will make it 
possible to determine whether the products investigat ed originating in various countries are in fact 
intended for the same market or whether, on the co ntrary, they are intended for different markets. 
 
                                                     
 
1 G/ADP/Q1/COL/1-G/SCM/Q1/COL/1. 
2 G/ADP/Q1/COL/2-G/SCM/Q1/COL/2. 
3 G/ADP/N/1/COL/2. G/ADP/Q1/COL/3 
G/SCM/Q1/COL/3 Page 2 
 
 
  Question 2
 
 
 Article 40 states that "in special circumstances, INCOMEX may undertake an 
investigation on its own initiative if there is sufficient evidence to presume the existence of 
injury caused by dumped imports".  Please explain the term "special circumstances". 
 
Reply  
  The provision in Article 40 echoes that in Ar ticle 5.6 of the Anti-Dumping Agreement.  Even 
though there is no definition of special circumstances in the Agreement, or in the domestic legislation 
(Decree 991 of 1998), in 2003 Colombia initiated an ex officio investigation into textile filaments and 
fibres originating in Asian countries, in which ther e were special circumstan ces in the form of the 
following facts.  
- As part of the technical analyses undertaken in order to raise the tariff on these goods 
up to the level bound in the WTO, Colombian textile enterprises handed over to the Ministry economic and financial figures concerning the domestic industry. 
- There was evidence of negative performance in the domestic industry as a result of 
the low prices of the imports from Asian countries. 
- Based on this information, it was determined that the elements needed to proceed with 
an anti-dumping investigation existed. 
- The investigation procedure finally ende d without the imposition of anti-dumping 
duties. 
Question 3
 
 
 Please describe the procedure to be followed if interested parties do not provide the necessary information and hence do not comply with Article 47 of the Law. 
 
Reply
 
  Pursuant to Article 49 of Decree 991, following the preliminary determination the 
investigating authority may send out new questionnaires to interested parties.  Nevertheless, if these 
parties do not reply to the questionnaires, the inves tigating authority abides by the principle of best 
available information and thus terminates the inves tigation on the basis of the information contained 
in the investigation file.  
 It should be noted that the investigating authority undertakes a further analysis of the 
information available by consulting external sources  of information such as international databases, 
official studies, specialized publications, inter alia , which give it sufficient conclusive elements to 
take a final decision regarding an investigation.  
Question 4
 
 
 Please describe all the opportunities parti es have to defend their interest during the 
course of an anti-dumping proceeding before th e authorities, either in writing or orally, 
according to Colombia's law. 
  G/ADP/Q1/COL/3 
 G/SCM/Q1/COL/3 
 Page 3 
 
 
  Reply  
  - Dispatch and receipt of questionnaires
 (Article 47):  Within seven working days 
following the publication of the resolution on initiation, the Ministry of Trade, 
Industry and Tourism sends to interested  parties and diplomatic or consular 
representatives of the country of origin or of export a copy of the said resolution and the questionnaires relating to the request.  Other interested parties are convened 
within the same period by a public noti ce in a national newspaper with a broad 
circulation in order that they may expr ess their duly substantiated views and present 
or request the evidence they consider relevant. 
   Interested parties must return the form s, duly completed, accompanied by supporting 
documents and evidence, within 40 calendar days following the date of their dispatch. 
 
 - Joint hearings of interested parties
 (Article 52):  During public hearings, the rule is 
that interested parties shall have the right, on justification, to present other information orally within the proceedings. 
  - Presentations
 (Article 53):  Parties interested in the investigation have an opportunity 
to present their views on the investigation in  writing and/or to rebut evidence adduced 
and examined therein. 
  - Transmission of the document containing the essential facts
 (Article 54):  The 
opinion of the Trade Practices Committee on the results of the investigation is sent to 
interested parties in a document containi ng the essential facts which form the basis 
for the decision whether to apply definitive measures.  The parties may provide their 
comments in writing within a period of ten calendar days. 
  - Access to the record
 (Article 58):  In the course of the investigation, any person may 
have access to the non-confiden tial documents in the record. 
 Question 5
 
 
 Does Colombia's Law contain specific rules on  sampling, reflecting Article 6.10, 6.10.1, 
6.10.2 and 9.4 of the Anti-Dumping Agreement? 
 Reply
 
  The domestic regulations do not reflect the provisions laid down in Articles 6.10, 6.10.1, 6.10.2 and 9.4.  In any event, in specific cases, Co lombia is obliged to apply the provisions in the 
Agreement, which have been incorporated into  domestic legislation through Law No. 170 of 1994. 
 
 In general terms, Article 15 (Decree 991) establishes the procedures for calculating the 
margin of dumping.  Consequently, 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. 
 G/ADP/Q1/COL/3 
G/SCM/Q1/COL/3 Page 4 
 
 
  REPLIES BY COLOMBIA TO THE QUESTIONS POSED
 
BY THE UNITED STATES  
 
 The following questions refer to Colombia's D ecree 991 of 1998 (herei nafter "the Decree") 
notified to the WTO's Committee on Anti-Dumping Practices. 
 
Question 1  
 
 In the event of a disagreement over the scope  of an anti-dumping measure or applicable 
duty rates, what procedures exist to address dis putes between the administering authority, the 
Colombian Foreign Trade Institute (INCOMEX), and the National Revenue and Customs Directorate? 
 
Reply
 
 
 The Colombian regulations do not provide for any special procedures to be followed in the event of a disagreement between the Ministry of Trade, Industry and Tourism
4 and the National 
Revenue and Customs Directorate (DIAN) regarding the scope of an anti-dumping measure.  Nevertheless, in practice, doubts raised by the DIAN are dealt with directly by the Ministry of Trade, 
Industry and Tourism through written communications clarifying the official interpretation to be 
given to the issue.  In some inst ances, the Ministry has to issue a substantiated resolution clarifying 
doubts regarding the scope of a measure and it is th e responsibility of the DIAN to implement it, as 
determined by the competent administrative authorities.  
Question 2
 
 
 Article 4 of the Decree identifies as being outside the ordinary course of trade "sales 
between related or associated parties which do not reflect prices and costs comparable with those in trade between independent parties".  Pl ease describe the criteria used to define such 
sales, and how these criteria relate to the requi rements under Article 2 of the Agreement on 
Implementation of Article VI of the GATT 1994 ("the Anti-Dumping Agreement"). 
 
Reply
 
  In Colombia, the criteria used to determine whether there is a relationship between two or 
more enterprises are the following:  (a) one of them directly or indirectly controls
5 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 th ere are grounds for believing that the effect of the 
relationship is such as to cause the producer c oncerned to behave differently from non-producers. 
  Consequently, sales between enterprises that meet any of the criteria mentioned in the 
preceding paragraph are deemed to be "sales between  associated or related parties".  In addition, 
Article 6 of Decree 991 of 1998 reflects the requireme nts laid down in Article 2 of the Anti-Dumping 
                                                     
 
4 It should be noted that in the latest review of its trade policy (WT/TPR/S/1 72) Colombia notified that 
the competent national authority for investigating dumpi ng, subsidy and safeguard cases is the Foreign Trade 
Directorate of the Ministry of Trade, Industry and Tourism through the Trade Practices Sub-Directorate.  Consequently, the references to the INCOMEX appearing in Decree 991 of 1998 should now apply to the 
Foreign Trade Directorate and the Trade Practices Sub-Directorate.  Likewise, the references to the Ministry of 
Foreign Trade should now apply to the Ministry of Trade, Industry and Tourism. 
5 One is deemed to control another when the former is  legally or operationally in a position to exercise 
restraint or direction over the latter.  G/ADP/Q1/COL/3 
 G/SCM/Q1/COL/3 
 Page 5 
 
 
  Agreement (AD) and in this respect such sales are not taken into account when analysing the dumping 
practice and the authority may use the construc ted export price method or a reasonable basis 
determined by the authority.  Question 3
 
 
 Once INCOMEX has accepted an application for anti-dumping duties, as described in 
Article 43 of the Decree, when and in what manner will the administering authority notify the government of the exporting Member concerned, as specified in Article 5.5 of the Anti-Dumping 
Agreement?  
Reply
 
  The investigating authority notifies the government of the exporting Member of the 
submission of the request for an investigation within the period between the acceptance of an 
application and the initiation of an investigation (Article 45 of Decree 991 of 1998).  This is in 
conformity with Article 5.5 of the Anti-Dumping Ag reement.  The notification is in the form of a 
written communication to the government of th e exporting Member through its diplomatic 
representations in Colombia or the Colombian diplom atic representations in the country investigated. 
 Question 4
 
 
 Please describe the procedures INCOMEX uses to confirm the information in the 
petition regarding exporters of subject mercha ndise, and what additional steps are taken to 
identify other exporters. 
 
Reply  
  The information in the application for an inves tigation regarding the list of exporters that sell 
the product investigated to Colombia is verified  through the import declarations submitted by the 
DIAN, in which the business name and contact  details of the foreign supplier appear. 
 
 In addition, the investigating authority info rms the Colombian diplomatic representations in 
the exporting Member that the investigation has b een initiated and sends them questionnaires to be 
given to the producers and exporters of the goods inv estigated.  With this procedure it is hoped that 
exporters not mentioned by the applicants will ta ke part in the procedure by replying to the 
questionnaires. 
  Lastly, the investigating authority also gi ves questionnaires to importers of the product 
investigated requesting details concerning their suppliers abroad.  
Question 5
 
 
 What specific steps need to be taken by  an interested party to be recognized by 
INCOMEX and afforded the opportunity to partic ipate in a proceeding, as provided for in 
Articles 6 and 12 of the Anti-Dumping Agreement? 
 Reply
 
  Article 4 of Decree 991 of 1998 considers the fo llowing to be "interested parties":  (1) The 
applicant;  (2) The exporters, foreign producers or impor ters of the product subject to investigation, or 
the trade or business associations a majority of w hose members are producers, exporters or importers G/ADP/Q1/COL/3 
G/SCM/Q1/COL/3 Page 6 
 
 
  of the product;  (3) The government of the exporting Member;  and (4) Domestic producers of the like 
product or trade and business associations a majo rity of whose members produce the said product in 
the national territory.  
 According to this definition, parties that  meet any of the aforementioned criteria are 
automatically recognized as "interested parties".  Nevertheless, Colombian or foreign persons not 
covered by the list in the preceding paragraph may request recognition as an "interested party" in a 
written communication sent to the investigating authority.  
 Colombian legislation gives interested parties th e opportunity to take part in the investigation 
procedure in the following way.  
- Publication of the decision to initiate an investigation:  From this moment on any 
interested party may submit its comments on the investigation. 
- Questionnaires:  Through replies to the ques tionnaires circulated by the investigating 
authority. 
- Public invitation to participate:  Interest ed parties and other interested persons may 
express their views on the investigation. 
- Examination of evidence:  Interested pa rties may request and provide evidence to 
substantiate their claims. 
- Public hearing:  Interested parties may present their arguments orally and confront 
them. 
- Claims:  Interested parties may present th eir views on the investigation in writing 
and/or rebut evidence adduced or examined  in the course of the investigation. 
Question 6
 
 
 Please elaborate how the administering auth ority conducts on-the-spot investigations 
(i.e., verifications) consistent with Article 6 and Annex I of the Anti-Dumping Agreement.  For 
example: 
 
Reply  
 
 Article 51 of Decree 991 of 1998 provides that, for the purpose of verifying information received or obtaining more elements needed for th e investigation, the investigating authority may 
make any verification visits it considers relevant .  In Colombia, this Article applies both to 
verification visits within Colombia as well as visits to the exporting country. 
 
 In order to carry out visits abroad, the Colomb ian authority applies the provisions laid down 
in Annex I to the Anti-Dumping Agreement, which ha ve been incorporated into domestic legislation, 
together with the WTO Anti-Dumping Agreement, by means of Law 170 of 15 December 1994.  
 (a) How and when does INCOMEX notify th e exporting Member of its intention to 
conduct an on-the-spot investigation; 
  G/ADP/Q1/COL/3 
 G/SCM/Q1/COL/3 
 Page 7 
 
 
  Reply  
  For on-the-spot visits Colombia applies the provisions in Annex I to the Anti-Dumping Agreement.  In practice, Colombia has onl y made three visits to exporting countries
6, when, in 
accordance with Annex I, the visit was notified by means of written communications 30 days prior to 
the definitive date of the visit.  
 (b) when in the investigation process can an on-the-spot investigation take place;  
 Reply
 
  Article 51 of Decree 991 of 1998 does not determ ine any particular period.  Consequently, 
verification visits may be made as of the date of initiation of the investigation and up until its final 
conclusion.  Verifications are preferably made befo re the termination of the period for examination of 
evidence. 
 
 (c) how and when does INCOMEX notify  the company to be verified;  and 
 
Reply
 
 
 The practice followed by Colombia is to notif y enterprises 30 days prior to the planned date 
of the visit.  The notification proposes a tentative date for the visit, which requires express agreement 
before scheduling the definitive date.  
 (d) how and when does INCOMEX report on th e results of a verification, and how is 
this report made available to interested parties? 
 
Reply
 
  During the on-the-spot visit, the officials responsible for conducting it draw up a public and confidential version of the record in which they set  out the results of the verification undertaken, as 
well as additional information obtained during the vis it.  This document is drawn up not only by the 
responsible Colombian officials but also by re presentatives of the Government of the exporting 
country and the foreign producers participating.  Where necessary, the reco rd declares that the 
information verified as well as that obtained duri ng the visit is confidential.  In such cases, the 
information is included in the confidential file.  After the visit has ended, the record and the 
accompanying non-confidential documents are included in the public file available to interested 
parties for consultation.  
Question 7
 
 
 Please explain INCOMEX's procedures re garding the timely dissemination of 
information by the administering authority to th e other interested parties of a proceeding, in 
accordance with Article 6 of the Anti-Dumping Agreement. 
 
                                                      
6 To Trinidad and Tobago:  low carbon steel;  Korea:  tyres;  and Taiwan:  smooth and textured 
filaments and synthetic fibres. G/ADP/Q1/COL/3 
G/SCM/Q1/COL/3 Page 8 
 
 
  Reply
 
  As determined in Article 6 of the Anti-Dumpi ng Agreement, in Colombia the information on 
the investigation is disseminated through the following procedures: 
 
 - Initiation of the investigation
:  (Articles 46 and 47 of Decree 991 of 1998) 
 
After the resolution on initiating an i nvestigation has been published, the 
investigating authority informs interested pa rties of the initiation of the investigation 
in writing and dispatches questionnaires.  A notice is also published in a national 
newspaper with broad circulation calling on all other interested parties to express 
their views and present or request the evidence they consider relevant (Article 47 of Decree 991 of 1998).  The parties have a pe riod of 40 calendar days, renewable for 
ten further days, in which to reply. 
 
 - Preliminary determination
:  (Article 49 of Decree 991 of 1998) 
 
Following the adoption of the preliminary determination, new questionnaires may be 
sent out within seven working days followi ng the issue of the resolution adopting the 
preliminary determination.  Interested parties must reply within a non-renewable 
period of 45 calendar days. 
  - Final determination
:  (Article 54 of Decree 991 of 1998) 
 
For the purposes of the final stage of the i nvestigation, the investigating authority 
informs interested parties of the essential facts containing the final results of the 
investigation, which form the basis for the decision whether to apply definitive 
measures.  The parties have a period of ten calendar days in which to express their comments in writing in this respect. 
  - Records
: 
 
The investigating authority keeps a public vers ion of the record for consultation by all 
interested parties, which in cludes the request submitted by the domestic industry as 
well as all information provided by the inte rested parties and automatically compiled 
since the initiation of the investigation.  When initiating action, a separate record is 
also opened to incorporate the documents of a confidential nature provided by the 
authorities, the applicant or interested parties. 
  - Web page
: 
 
The Ministry of Trade, Industry and Tour ism updates the information on the various 
stages of the investigation carried out by the Sub-Directorate of Trade Practices.  
Interested parties may therefore consult the timetables for the investigation under way 
on the Internet, together with the questio nnaires and public notices, the administrative 
acts and public reports issued at each stage of the investigation. 
  G/ADP/Q1/COL/3 
 G/SCM/Q1/COL/3 
 Page 9 
 
 
  Question 8  
 
 Please explain INCOMEX's procedures that will be used to disclose to interested parties 
information received by the administering author ity beyond written submissions (e.g., through 
a telephone conversation, ex parte  meeting, public hearing, or through internal research), in 
accordance with Article 6 of the Anti-Dumping Agreement. 
 
Reply  
 
 Regarding information received by telephone or in the course of meetings outside the 
procedure, it should be noted that Colombia's  domestic regulations do not provide any special 
procedure for taking into account this type of inform ation.  Nevertheless, if the investigating authority 
considers such information to be relevant to the pr ocedure, it requests that the information or claims 
be submitted in writing in order to include them in th e record and provide other interested parties with 
an opportunity to contradict them.  During the public  hearings, the domestic regulations provide that 
interested parties shall have the right, on justifica tion, to present other information orally within the 
proceedings.  The Sub-Directorate of Trade Prac tices shall only take this information and the 
arguments put forward during the hearing into acc ount if they are reproduced in writing and made 
available to other interested parties within ten working days following the holding of the hearing. 
 Question 9
 
 
 What specific opportunities exist for int erested parties to access non-confidential 
information in a proceeding to allow parties to defend their interests during a proceeding, in 
accordance with Article 6 of the Anti-Dumping Agreement. 
 
Reply  
  Colombia's legislation requires that interest ed parties providing confidential information 
should submit public summaries in order to allow other interested parties a reasonable understanding 
of the substance.  These summaries are include d in the public record for consultation and 
contradiction.  (See Article 59 of Decree 991 of 1998). 
 
Question 10
 
 
 Please identify the specific procedures used  by the administering authority to protect 
confidential information from inadvertent disclosu re, in accordance with Article 6.5 of the Anti-
Dumping Agreement. 
 
Reply  
  Documents of a confidential nature provided by  the interested parties receive the appropriate 
treatment in accordance with Colo mbia's Political Constitution and may be inspected only by the 
authorities.  Persons providing confidential doc uments must attach non- confidential summaries 
thereof, together with appropriate justification for the request for confidentiality.  These summaries 
must be in sufficient detail to permit a reasonabl e understanding of the substance of the information 
submitted in confidence. 
 
 In exceptional circumstances, duly substantiate d, such parties may indicate that such 
information is not susceptible of summary.  If the in vestigating authority cons iders that the documents 
provided as confidential are not confidential in nature , it shall request the persons providing them to 
waive such confidentiality or to state the reas ons why they are unwilling to do so.  Information G/ADP/Q1/COL/3 
G/SCM/Q1/COL/3 Page 10 
 
 
  provided as confidential may not be disclosed without the specific permission of the party submitting 
it.  
Question 11
 
 
 Please describe what specific steps INCOME X follows to ensure that non-confidential 
summaries provide sufficient detail to allo w interested parties to have an adequate 
understanding of the summarized confidential info rmation, in accordance with Article 6.5.1 of 
the Anti-Dumping Agreement. 
 
Reply  
  Colombia's regulations do not lay down any specific requirements on non-confidential 
summaries.  Nevertheless, as stated in the reply to question 10, the investigating authority is 
empowered to request that confidentiality be waived  if the information provided as confidential is not 
of a confidential nature.  
Question 12
 
 
 Article 37 contains the only apparent reference in the Decree to judicial review.  Please 
enumerate what opportunities are available to int erested parties for administrative or judicial 
review of an anti-dumping proceeding, as provided for in Article 13 of the Anti-Dumping Agreement.  Please also identify the specific la ws, regulations, and authority that would govern 
such appeals. 
 Reply
 
  As regards administrative review, it should be  pointed out that according to provisions in 
regulations that have precedence (Code of Admi nistrative Disputes – Decree Law 01 of 1984), in 
Colombia administrative acts of a general nature  by government authorities, as is the case for 
reasoned resolutions issued in anti-dumping proce dures, may be contested through an action for 
immediate revocation before the Ministry of Trade, Industry and Tourism. 
  Pursuant to the Code of Administrative Disputes,  in Colombia, judicial review in respect of 
anti-dumping duties may be initiated by the natural or legal persons affected by the measure through 
an action for nullity and refund of the duty before the judicial administrative tribunal and the Council 
of States;  or through an appeal for protection or  an appeal for compliance before any judge of the 
Republic when it is considered that the administra tive acts by the competent authority disregard the 
rules on which they should be based and also when th ey have been issued in an irregular manner or 
ignoring the right to a hearing and defence, on an unlawful basis or in violation of fundamental rights.  
Question 13
 
 
 Article 27(1) of the Decree states that the Ministry of Foreign Trade may impose 
retroactive duties "in the case of injury caused  by massive dumped imports".  Article 27 does 
not address several of the requirements impo sed by Article 10.6 of the Anti-Dumping 
Agreement for imposition of retroactive duties, such as:  (1) a history of injurious dumping, or 
that the "importer was, or should have been  aware" that the exporter practised injurious 
dumping;  (2) the injury is caused in a "relativ ely short time" in a manner that "is likely to 
seriously undermine the remedial effect of the definitive anti-dumping duty to be applied".  How does Colombia implement these requirements of Article 10.6? 
  G/ADP/Q1/COL/3 
 G/SCM/Q1/COL/3 
 Page 11 
 
 
  Reply  
  The provisions of Article 10.6 of the Anti-Dump ing Agreement have been incorporated into 
domestic legislation through Law 170 of 1994.  Accordi ngly, in order to apply retroactive duties, the 
Colombian investigating authority must comply with  the provisions of subparagraphs (i) and (ii) of 
Article 10.6.  It should be pointed out, however , that in practice Colombia has never applied 
retroactive duties for massive imports.  
Question 14
 
 
 Article 49 of the Decree states that INCOMEX shall announce the preliminary results of 
the investigation, including imposition of provi sional duties when appropriate, in a "reasoned 
resolution".  The Decree does not provide further information concerning the contents of the 
resolution.  How does Colombia implement the requirements of Article 12.2.1 of the Anti-
Dumping Agreement concerning the contents of th e public notice of imposition of provisional 
measures? 
 
Reply  
  Although Article 49 of Decree 991 does not speci fy what should be contained in a reasoned 
resolution imposing provisional duties, it should be po inted out that pursuant to Article 59 of the Code 
of Administrative Disputes, reasoned resolutions issued by Government officials must give sufficiently broad reasons for taking an administrativ e decision so those decisions that do not comply 
with such provisions may be declared null and void.  
 In the same way, the reasoned resolutions issu ed by the Directorate of Foreign Trade and the 
Ministry of Trade, Industry and Tourism on anti-dumping matters contain a sufficient summary of the technical report drawn up by the Sub-Directorate of  Trade Practices, which includes the findings and 
conclusions reached on all relevant matters of fact and law in the investigation such as:  
considerations on the legal bases for the proce dure, relationship of the countries or suppliers 
investigated, name and representative nature of the domestic enterprises that submitted the 
application, description of the products investigated  with their tariff classification, analysis of 
similarity, right of defence, technical analyses carried out in order to determine dumping, material injury and causal relationship, as well as the prin cipal reasons on which th e determination of the 
investigating authority was based.  
 Regarding the requirements laid down in Ar ticle 12.2.1 of the Anti-Dumping Agreement, 
Articles 49 and 55 of Decree 991 of 1998 provide that resolutions adopting preliminary and definitive 
decisions shall be published the day following their i ssue in the Gazette of the Ministry of Foreign 
Trade, Chapter INCOMEX (now in the Official J ournal pursuant to Law 489 of 1998).  They also 
provide that within 7 days following its publication a copy must be sent to the Member country or 
countries whose products form the subject of the dete rmination or undertaking in question, as well as 
to the other interested parties that have expressed an interest in the investigation. 
 
Question 15
 
 
 Article 55 of the Decree states that the Ministry of Foreign Trade will adopt its final 
decision concerning the investigation in a "rea soned resolution".  The Decree does not provide 
further information concerning the contents of the resolution.  How does Colombia implement 
the requirements of Article 12.2.2 of the Anti-D umping Agreement concerning the contents of 
the public notice of conclusion of an investigation resulting in the imposition of a definitive duty? G/ADP/Q1/COL/3 
G/SCM/Q1/COL/3 Page 12 
 
 
   
Reply
 
  We refer to the reply to question 14 as the pro cedure applies in the same way to the resolution 
adopting the definitive decision. 
 
__________