WORLD TRADE  
ORGANIZATION  G/ADP/Q1/COL/2 
G/SCM/Q1/COL/2 8 October 2007 
 
(07-4271) 
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures Original:   English 
 
 
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS 
 
Questions Posed by the UNITED STATES  
Regarding the Notification of COLOMBIA1 
 
  
 The following communication, dated 2 October 2007, is being circulated at the request of the 
Delegation of the United States.   
 
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 The following questions refer to Colombia's  Decree 0991 of 1998 ("Decree"), as notified to 
the WTO's Committee on Anti-Dumping Practices.   
 
Question 1 
 
 In the event of a disagreement over the scope of an antidumping measure or applicable duty 
rates, what procedures exist to address disputes be tween the administering authority, the Colombian 
Foreign Trade Institute (INCOMEX), and the Na tional Revenue and Customs Directorate.   
 
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".  Please describe the criteria used to define such sales, and how these criteria relate to the requirements under Article  2 of the Agreement on the Implementation of 
Article VI of GATT 1994 ("the Antidumping Agreement").    Question 3 
 
 Once INCOMEX has accepted an application for antidumping duties, as described in 
Article 43 of the Decree, when and in what ma nner will the administering authority notify the 
government of the exporting Member concerned, as specified in Article 5.5 of the Antidumping 
Agreement?   
                                                     
 
1 G/ADP/N/1/COL/2 (12 March 2007).   G/ADP/Q1/COL/2 
G/SCM/Q1/COL/2 Page 2 
 
 
  Question 4 
 
 Please describe the procedures INCOMEX uses to confirm the information in the petition 
regarding exporters of subject merchandise, and wh at additional steps are taken to identify other 
exporters.   
 
Question 5 
 
 What specific steps need to be taken by an interested party to be recognized by INCOMEX 
and afforded the opportunity to participate in a proceeding, as provided for in Articles 6 and 12 of the 
Antidumping Agreement?    
Question 6 
  Please elaborate how the administering aut hority conducts on-the- spot investigations 
(i.e., verifications) consistent with Article 6 and Annex I of the Antidumping Agreement.  For 
example:     a) how and when does INCOMEX notify the exporting Member of its intention to 
conduct an on-the-spot investigation;   
 b) when in the investigation process can an  on-the-spot investigation take place;   
 c) how and when does INCOMEX notify the company to be verified;  and  
 d) how and when does INCOMEX report on the r esults of a verification, and how is this 
report made available to interested parties.   
 Question 7 
 
 Please explain INCOMEX's procedures regarding the timely dissemination of information by the administering authority to the other interested pa rties of a proceeding, in accordance with Article 6 
of the Antidumping Agreement.  Question 8 
 
 Please explain INCOMEX's procedures that will be  used to disclose to interested parties 
information received by the administering aut hority beyond written submissions (e.g., through a 
telephone conversation,  ex parte  meeting, public hearing, or thro ugh internal research), in accordance 
with Article 6 of the Antidumping Agreement.   
 
Question 9 
 
 What specific opportunities exist for interest ed 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 Antidumping Agreement.   
 
Question 10 
 
 Please identify the specific procedures used by the administering authority to protect 
confidential information from inadvertent disclos ure, in accordance with Article 6.5 of the 
Antidumping Agreement.    G/ADP/Q1/COL/2 
 G/SCM/Q1/COL/2 
 Page 3 
 
 
  Question 11 
 
 Please describe what specific steps INCOMEX follows to ensure that non-confidential 
summaries provide sufficient detail to  allow interested parties to ha ve an adequate understanding of 
the summarized confidential information, in acco rdance with Article 6.5.1 of the Antidumping 
Agreement.    
Question 12 
  Article 37 contains the only apparent referenc e in the Decree to judicial review.  Please 
enumerate what opportunities are available to interest ed parties for administrative or judicial review 
of an antidumping proceeding, as provided for in Article 13 of the Antidumping Agreement.  Please 
also identify the specific laws, regulations, and au thority that would govern such appeals.   
 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 dumpe d imports".  Article 27 does not address several 
of the requirements imposed by Article 10.6 of  the Antidumping Agreement for imposition of 
retroactive duties, such as:  (1) a history of inju rious dumping, or that the "importer was, or should 
have been aware" that the exporter practiced inju rious dumping;  (2) the injury is caused in a 
"relatively 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?    Question 14 
 
 Article 49 of the Decree stat es that INCOMEX shall announce the preliminary results of the 
investigation, including imposition of  provisional duties when appropriate, in a "reasoned resolution".  
The Decree does not provide further information con cerning the contents of the resolution.  How does 
Colombia implement the requirements of Article 12.2.1 of the Antidumping Agreement concerning 
the contents of the public notice of im position of provisional measures?   
 
Question 15 
 
 Article 55 of the Decree states that the Ministry  of Foreign Trade will adopt its final decision 
concerning the investigation in a "reasoned reso lution".  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 Antidumping Agreement concerning the contents of the public notice of conclusion of an investigation resulting in the imposition of a definitive duty?   
 
 
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