WORLD TRADE  
ORGANIZATION  G/ADP/N/1/COL/3 
12 August 2010 
 
 (10-4293) 
Committee on Anti-Dumping Practices Original:   Spanish 
  
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLE 18.5 OF THE AGREEMENT 
 
COLOMBIA 
 
 
 The following communication, dated 10 August 2010,  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 Decr ee 2550 of 2010 regulating the application of 
anti-dumping duties in Colombia.  G/ADP/N/1/COL/3 
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  OFFICIAL JOURNAL, YEAR CXLV, No . 47771, 15 JULY 2010, PAGE 200 
 
DECREE 2550 OF 2010 
(15 July) 
 
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 Constitution, in 
conformity with Article 10 of Law 7 of 1991, and having heard the opinion of the Customs, Tariffs 
and Foreign Trade Committee, and 
 
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 in implementation of Article 10 of Law 7 of 1991, pursuant to the recommendation of 
the Higher Council for Foreign Trade, and consider ing that it is necessary to bring domestic 
legislation into line with changes in foreign trade, in the light of technical and legislative progress in 
this field, such as that envisaged in Law 170 of  15 December 1994, incorporating in the national 
legislation the Agreement Establishing the Worl d Trade Organization (WTO) and the Agreement on 
Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, for the purpose of 
counteracting material injury to domestic produc tion caused by dumping, the National Government 
issued Decree 991 of 1998, regulating the application of anti-dumping duties; 
 
 That the Customs, Tariffs and Foreign Trade Committee, at its Session 215 held on 13 April 2010, recommended amendment of Decree 991 of 1998 in order to update the regulations in 
conformity with the administrative structure of  the Ministry of Trade, Industry and Tourism 
established by Decree 210 of 2003 and reorganize and upda te the national regulations pursuant to the 
provisions in the Agreement on Implementation of Article VI of the General Agreement on Tariffs 
and Trade 1994. 
 
DECREES: 
 
TITLE I 
 
GENERAL PROVISIONS 
 
CHAPTER I 
 
Application 
 
Article 1.- Sphere of application.   This Decree regulates the provisions applicable to investigations 
into imports of products originating in Member  countries of the World Trade Organization (WTO) 
that are dumped, when they cause or threaten to  cause material injury to a domestic industry or 
material retardation of this domestic industry. 
 
 This legal framework shall also apply to imports from non-Members of the WTO with which 
Colombia has signed international trade agreements  or treaties and to imports of products from 
countries with which Colombia has no internati onal commitments regarding the application of 
anti-dumping duties.  G/ADP/N/1/COL/3 
 Page 3 
 
 
  Article 2.- Grounds for the decisions.   Anti-dumping duties shall only be applied following 
investigations initiated and conduc ted in accordance with the provisions laid down herein.  The 
WTO Agreement on Implementation of Article VI  of the General Agreement on Tariffs and 
Trade 1994 shall take precedence over the provisions laid down in this Decree.  
 The decisions referred to in this Decree sha ll take into account Colombia's obligations under 
the international trade agreements to which it is  party, where applicable.  The case-law of the 
WTO Dispute Settlement Body in respect of the rules in the WTO Agreement on Implementation of 
Article VI of the General Agreement on Tariffs and Trade 1994 may be considered when conducting 
investigations. 
 
Article 3.- General interest.   The investigation and the impositi on of anti-dumping duties shall be in 
the public interest.  Anti-dumping duties have a corrective and preventive purpose when confronted 
with material injury, threat of material injury or material retardation of a domestic industry, provided 
that there is a link to the unfair practice, and in general terms any importer of products to which such 
duties apply. 
  Duties are imposed specifically on known pr oducers and exporters of a country in the 
investigation and, where applicable, on a country.   
CHAPTER II 
 
Definitions 
 
 Article 4.-  For the purposes of this Decree and pursuant to the provisions in the WTO Agreement on 
Implementation of Article VI of the General Agreement on Tariffs and Trade, the following 
definitions apply:  
(a) Threat of material injury.   The clear imminence of material injury to a domestic 
industry; 
(b) Investigating authority.   The Foreign Trade Directorate of the Ministry of Trade, 
Industry and Tourism, through the Sub-Directorate of Trade Practices in the Directorate of Foreign Trade; 
(c) Injury.   Unless otherwise specified, material in jury to a domestic industry, threat of 
material injury to a domestic industry or material retardation of such an industry; 
(d) Anti-dumping duty.   Customs duty applicable on imports of products to restore the 
terms of competition distorted by the dumping; 
(e) Days.   All the days mentioned in this Decree mean working days, unless otherwise 
specified.  If the last day of a specified period is a holiday or rest day, the period shall 
be extended until the next working day; 
(f) Date of sale.   As a general rule the date of sale is that indicated in the document 
establishing the essential conditions and terms of  the sale, for example, the contract, 
the date of the purchase order, that of the confirmation of the purchase order, or that of the invoice; G/ADP/N/1/COL/3 
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  (g) Massive imports.   Imports of the product subject to investigation, from the date of 
initiation of the investigation to the date of imposition of provis ional measures, whose 
volume and other circumstances, such as the rapid build-up of inventories, seriously 
impair or could seriously impair the reme dial effect of the definitive anti-dumping 
duty; 
(h) Dumping margin.   The amount by which the price of the export product is lower 
than the normal value.  The margin shall be calculated for each unit of the product 
imported into national customs territory at dumping prices. 
The margin of dumping shall be considered to be de minimis if it is less than 2 per 
cent, expressed as a percentage of the export price; 
 
(i) Best information available.   Known facts on the basis of which preliminary or final 
determinations, affirmative or negative, may be made in cases in which an interested 
party refuses access to, or otherwise does not provide, necessary information within a reasonable period or significantly impedes the investigation; 
(j) Month.   Month means the ordinary calendar month; 
(k) Ordinary course of trade.   Transactions which reflect market conditions in the 
country of origin carried out habitually or within a representative period between 
independent buyers and sellers; 
(l) Material retardation.   This concept refers to cases in which the product under 
investigation is not yet being produced, as well as to those cases in which, although 
some production has occurred, it has not a ttained a sufficient level to permit the 
examination of the other two types of injury; 
(m) Related parties.   This shall mean specifically the relationship between two or more 
enterprises in the following situations: 
1. One of them directly or indirectly controls the other; 
 
2. both of them are directly or indirectly controlled by a third person;  or 
 
3. together they directly or indirectly control a third person, provided that there 
are grounds for believing that the effect of  the relationship is such as to cause 
the producer concerned to behave differently from non-related producers. 
 
For the purposes of this definition, control is the power to govern the financial and 
operating policies of an enterprise by having: 
 
(a) More than one half of the voting power of the enterprise; 
 
(b) power over more than half of the voting rights by virtue of an 
agreement with other investors; 
 
(c) such voting rights and power und er the enterprise's articles of 
association or an agreement; 
 
(d) power to appoint or remove the majority of members of the board of 
directors or equivalent governing body;  or  G/ADP/N/1/COL/3 
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(e) power to cast the majority of votes at meetings of the board of 
directors or equivalent governing body; 
 
(n) Interested parties.   "Interested parties" shall mean: 
1. The applicant; 
 
2. exporters, foreign producers or importe rs of the product under consideration, 
trade or business associations a majority of whose members are producers, exporters or importers of the product; 
 
3. the government of the country investigated; 
 
4. domestic producers of the product like to  that under investigation or trade or 
business associations a majority of whose members produce the said product 
in the national territory; 
 
5. Colombian or foreign persons other than those indicated above, as 
determined by the investigating authority; 
 
(o) Export price.  The price actually paid or payabl e for the product under consideration 
sold for export to Colombia; 
(p) Product under consideration.   Imported product that is the subject of the 
investigation; 
(q) Like product.   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 charact eristics closely resembling those of the 
product under consideration.  For these purposes, the physical and chemical characteristics, the details of the raw mate rials used, the manufacturing or production 
process, channels of distribution, tariff classification, inter alia , may be taken into 
consideration for the purposes of provi ng that the products are alike; 
(r) Normal value.   In general and in the ordinary course of trade, the comparable price 
actually paid or payable for a product like to that exported to Colombia when sold for 
consumption in the country of origin or export.  In the absence of such a price, the normal value shall be established 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 
export price in a third country with a market economy. G/ADP/N/1/COL/3 
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  TITLE II 
 
APPLICATION OF ANTI-DUMPING DUTIES TO MEMBERS OF 
THE WORLD TRADE ORGANIZATION 
 
CHAPTER I 
 
Determination of the existence of dumping 
 
SECTION I 
 
Calculation of dumping 
 
Article 5.- Dumping.   A product is considered as being dumped, i.e. is imported into the 
Colombian market, at a price that is less than its  normal value, if the export price of the product 
exported to Colombia is less than the comparable price of a like product destined for consumption in 
the country under investigation.  For the purposes of determining dumping in an investigation, the 
Articles in this Section shall be taken into consideration. 
 Article 6.- Export price.   Initially the price actually paid or payable for the product under 
consideration shall be taken into account.  If ther e is no export price or where it appears to the 
investigating authority 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 
shall 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 are not sold in the condition as 
imported, the price shall be calculated on such reas onable basis as the authority may determine.  In 
calculating this price, the necessary adjustment shall be made to allo w for all costs incurred prior to 
sale, such as costs of transpor t, insurance, maintenance, loading and unloading, import duties and 
other levies arising subsequent to export from the c ountry of origin, a reasonable margin of general, 
administrative and selling costs, profits a nd any commission usually paid or agreed. 
 
Article 7.- Normal value in the ordinary course of trade.   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, in the ordinary course of trade.  
Article 8.- Determination of the normal value in other transactions.   Pursuant to Article 2.2 of the 
WTO Agreement on Implementation of Article VI of  the General Agreement on Tariffs and Trade, 
where there are no sales of the like product in the or dinary course of trade in the domestic market of 
the country of origin or export or where, because of the low volume of sales or because of any other 
particular situation in the domestic market of the said country, such sales do not permit a proper 
comparison, the normal value may be determined by  considering the export price for the like product 
exported to an appropriate third c ountry, provided that it is representa tive, and the price calculated for 
a like product.   In the latter case, the price 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 investigation or the data provided by other 
producers of the good like that investigated, or any other reliable method determined by the investigating authority shall be used in order to  obtain the data.  Profits shall not exceed those 
normally earned from the sale of products of the same category on the domestic market of the country 
of origin.  G/ADP/N/1/COL/3 
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  Paragraph:   Sales of the like product destined for consumption in the domestic market of the 
exporting country shall be considered a sufficient qua ntity for the determination of the normal value if 
such sales constitute 5 per cent or more of sales of the product under consideration to Colombia.  The 
foregoing shall be without prejudice to a demonstra tion that sales in the domestic market of the 
exporting country at a lower ratio are nonetheless of sufficient magnitude to provide for a proper 
comparison. 
 Article 9.- Exclusion of sales for the determination of the normal value.  Without prejudice to the 
provisions in the preceding Article, in determining normal value all those sales on the domestic market of the exporting country or sales to a third country that do not constitute sales in the ordinary 
course of trade, more specifically those that reflect sustained losses, may be disregarded. 
  Among other factors, the ordinary course of tr ade shall be considered not to include sales 
made at a loss within the terms of this Decree, or  sales between related or associated parties which do 
not reflect prices and costs comparable with tho se in transactions between independent parties. 
 
 Sales that reflect sustained losses shall mean those over a period of time of six months to 
one year in which the weighted average is below the weighted average per unit cost.  They may be 
taken into account by the investigating authority if they represent a significant volume.  If 80 per cent 
of total sales exceed the cost, the i nvestigating authority may take into account all the sales in order to 
determine the normal value. 
 
Article 10.- Comparison between the normal value and the export price.  The export price and the 
normal value shall be examined on a fair and co mparable basis, taking into account the agreed 
conditions and terms for the delivery of the goods, preferably at the ex -factory level and in respect of 
transactions made at as nearly as possible the same time.  Likewise, the investigating authority, 
depending on the specific circumstances, may apply ad justments to allow for differences which affect 
price comparison.  Article 11.- Adjustments.  In order to make a fair comparison between the 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 the price comparison. 
  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 da ta for the latest financial year available. 
 
 The investigating authority shall ensure that there is no duplication of adjustments already 
made.   When a participant in the investigation request s that some adjustment be taken into account, 
he shall furnish evidence that  the request is justified. 
 
 For this purpose, the following aspects shall be taken into account: 
 
1. When the comparison of the normal va lue, the export price and the necessary 
adjustments requires a conversion of currenci es, such conversion shall 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 sales shall be used. 
 G/ADP/N/1/COL/3 
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   Fluctuations in exchange rates shall be  disregarded and in the investigation the 
authorities shall allow exporters up to 60 days  to adjust their export prices to reflect 
sustained movements in exchange rates during the period of investigation. 
 
2. If the export price has been constructed a nd for this reason price comparison has been 
affected, the investigating authority shall est ablish the normal value at a level of trade 
equivalent to the level of trade of the r econstructed export price or shall make due 
allowance for the adjustment elements pr ovided in this Decree for this purpose. 
 Article 12.- Adjustments to the export price.  The investigating authority may, among other 
adjustments, make those related to the following factors: 
 
(a) The amounts directly connected with the costs incurred by the exporter, taking into 
account conditions and terms agreed with  the buyer for delivery of the goods, 
according to Incoterm; 
 
(b) the amounts for costs in providing gua rantees, technical assistance and other 
after-sales services for the product to be exported to Colombia; 
 
(c) the costs of commission paid in connec tion with the sales under consideration.  
Wages paid to full-time sales pe rsonnel shall also be deducted; 
 
(d) in cases where the export price is constructed, pursuant to Article 6 of this Decree, 
costs, including duties and taxes incurred between import and resale, as well as the corresponding profits, shall be taken into account. 
 
Article 13.- Adjustments to the normal value.  The investigating authority may, among other 
adjustments, make those related to the following factors:  
1. The amount corresponding to a reasonable estimate of the value of the difference in 
the characteristics of the product in question. 
 
2. The amount of customs duties or indirect taxes actually payable for a like product or 
materials physically incorporated into it when destined for consumption in the 
country of origin or of export.  If they are exempt or refunded when the product is exported to Colombia, they shall not be adjusted. 
 
3. The following selling costs: 
 
(a) Costs of transport, insurance, maintenance, unloading and allied costs 
incurred in forwarding the product in question from the exporter's warehouse to the first independent buyer; 
 
(b) costs of packaging the product in question; 
 
(c) costs of the credits granted for the sales in question.  The volume of the 
refund shall be calculated in relation to the currency of the invoice; 
 
(d) costs of commission paid in conn ection with the sales in question; 
 
(e) wages paid to full-time sales personnel shall also be deducted; 
  G/ADP/N/1/COL/3 
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  (f) direct costs of providing guarantees, technical assistance and other after-sales 
services. 
 Article 14.- Margin of dumping.  The amount by which the export price is less than the normal 
value.  The dumping margin shall normally be established on the basis of a comparison of the 
weighted average normal value and a weighted average of prices of all comparable export transactions 
or by a comparison of the normal value and export prices on a transaction-by-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 the investigating authority finds a pattern of 
export prices which differs significantly among different  purchasers, regions or time periods, and if an 
explanation is provided as to why such differences cannot be duly taken into account by a weighted 
average or transaction-by-transaction comparison.   
SECTION II 
 
Special conditions for countries with centrally-planned economies 
 
 
Article 15.- Normal value.  In the case of imports 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 sold  in a third country with a market economy for 
domestic consumption - substitute country - or, faili ng that, for export, or on the basis of any other 
method deemed appropriate by the investigating authority.  
 The product on the basis of which the normal va lue is determined shall originate in the 
substitute country.  When the normal value is determ ined according to the export price in a substitute 
country, that price shall be related to a market other than Colombia.   For the purpose of selecting and evaluating the relevance of selecting a particular country with a market economy from which to obtain the normal  value, the investigating authority shall take 
into account, inter alia , the following criteria: 
 
1. The production processes in the country with  a market economy and the country with 
a centrally-planned economy; 
 
2. the scale of production; 
 
3. the quality of the products. 
  
CHAPTER II 
 
Determination of the existence of materi al injury, threat of material injury, 
material retardation of the establishment of an industry in 
Colombia and the causal link 
 Article 16.- Existence of material injury.  A determination of injury shall be based on evidence and 
shall involve an objective examination of the eff ect of the dumped imports on the domestic industry 
producing like goods.  This shall involve an examination of the following elements:  G/ADP/N/1/COL/3 
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  1. Behaviour of all economic factors and indices having a bearing on the state of the 
domestic industry, including actual or potential decline in sales, profits, output, market share, productivity, return on inv estment or utilization of capacity, factors 
affecting domestic prices, the magnitude of the margin of dumping, actual or 
potential negative effects on cash flow, inventories, employment, wages, growth, 
ability to raise capital or investments. 
 
The foregoing list is not exhaustive nor can one or several of these factors necessarily give decisive guidance. 
 
2. Volume of dumped imports.  It shall be determined whether there has been a 
significant increase, either in absolute terms or relative to total production or 
consumption in the country, inter alia .  The volume of dumped imports shall 
normally be regarded as negligible if the volume of dumped imports from a particular 
country accounts for less than 3 per cent of the imports of the like products into 
Colombia, unless countries which individually account for less than 3 per cent of 
imports of the like products in Colombia colle ctively account for more than 7 per cent 
of such imports. 
 
3. The effect of the dumped imports on prices.   The investigating authority shall take 
into account, inter alia , whether there has been significant price undercutting by the 
product under consideration as compared with the price of the 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, on the part of the domestic industry. 
 
4. The demonstration of the causal link betw een the dumped imports and the injury to 
the domestic industry shall be based on an examination of all relevant evidence available to the investigating authority at each stage of the investigation and shall 
include, among other things, an evaluation of all the relevant economic factors and 
indices mentioned in subparagraphs  1, 2 and 3 of this Article. 
 
5. The investigating authority shall examine any known factors other than the dumped 
imports which at the same ti me are injuring the domestic industry in order to follow 
the principle of non-attribution of the injury caused by this other factor to the dumped imports.  Factors which may be relevant in this respect include examining the volume 
and the prices of imports not sold at dumping prices, contraction in demand or 
changes in the patterns of consumption, trade-restrictive practices of foreign and 
Colombian producers and competition between  them, developments in technology, 
and the export performance and produc tivity of the domestic industry. 
 First paragraph:   The effect of the dumped imports sh all be assessed in relation to the domestic 
production of the like product when available data pe rmit the separate identification of that production 
on the basis of such criteria as the production pro cess, producers' sales and profits.  If such separate 
identification is not possible, the effects of the dumped imports shall be assessed by examining the production of the narrowest group or range of produc ts which includes the like product, for which the 
necessary information can be provided.  
Second 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 link between th e dumped imports and that material injury. 
  G/ADP/N/1/COL/3 
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  Article 17.- Threat of material injury.  When an applicant considers th at the request for application 
of an anti-dumping duty is justifie d even before the injury has occu rred, it shall be based on facts and 
not merely on allegation, conjecture or remote possibilit y.  The determination of this threat of material 
injury from dumped imports shall also take into account the imminent occurrence of the factors 
described in Article 16 of this Decree, in cluding the existence of such factors as: 
 
1. A significant rate of increase of dumped imports into the Colombian market 
indicating the likelihood of substantially  increased imports.  The likelihood of 
substantially increased importation may also be determined on the basis, inter alia , of 
the following facts:  the existence of a supply or sales contract, the award of a tender, 
a negotiable offer or other comparable contr act.  The existence of letters of credit for 
payment abroad of imports of the product under consideration may also be taken into 
account. 
 
2. Sufficient freely disposable, or an immine nt, substantial increase in, capacity of the 
exporter, indicating the likelihood of a substa ntial increase in dumped exports to the 
Colombian market, also taking into account the availability of other export markets to absorb any additional exports. 
 
3. The fact that the product under considera tion is being imported at prices that will 
have a significant depressing or suppressing effect on domestic prices or the sales 
volumes of domestic producers and would lik ely increase demand for further imports;  
and 
 
4. Inventories of the product under c onsideration in the country of export. 
 
First paragraph:  No one of these factors by itself can necessarily give decisive guidance, but all or 
some of the factors considered must lead to the conclusion that further exports at dumping prices are imminent and that, unless remedial action is taken, material injury would occur.  Second paragraph:  The causal link between imports at dumping prices and the threat of material 
injury shall be assessed taking in to account the likely effects on the economic factors and indices and 
in conformity with the provisions of subparagraph 4 of the preceding Article. 
 Article 18.- Material retardation of the establishment of a domestic industry.  In determining 
material retardation of the establishment or th e expansion of an industry in Colombia, the 
investigating authority shall examine, inter alia , the following factors: 
 
1. Feasibility studies, loans negotiated and/or  contracts for procurement of machinery 
relating to new investment projects or the e xpansion of existing plant or proof of the 
cancellation or retardation of a planned project. 
 
2. Existence of dumped imports. 
 
3. The appropriate and sufficient supply of  the market, taking into account the volume 
of dumped imports, the volume of other impor ts and the actual and potential output of 
the project. 
 
4. The volume of domestic production compared to the size of the domestic market. 
 G/ADP/N/1/COL/3 
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  First paragraph:  No one of these factors by itself can necessar ily give decisive guidance.  Specific 
facts shall be put forward in order to sustain cl aims of retardation, determining the following: 
 
(a) When the production plans were first agreed and confirmed; 
(b) when the goods affected were first imported; 
(c) when dumping of the product under consideration commenced;  and 
(d) when the production plans were formally cancelled or postponed. 
Second paragraph:  The proof of the causal link between the dumped imports and the material 
retardation of the establishment or the expansion of a domestic industry shall be based on an 
examination of the relevant evidence available to the investigating authority at each stage of the 
investigation and shall include, among other elemen ts, an evaluation of a ll the relevant economic 
factors and indices in subparagraphs  1, 2 and 3 of this Article. 
 Article 19.- Cumulative assessment of the in jury in establishing a domestic industry.  Where 
imports of a product are considered to be coming from more than one country and are simultaneously 
subject to an anti-dumping investigation, the investigating authority may cumulatively assess the 
effects of such imports if it determines that:  
(a) The margin of dumping established in re lation to imports of the product under 
consideration from each supplier country is more than de minimis and the volume of 
imports of each product under considerati on from each country is not negligible; 
(b) the cumulative assessment of the effects of th e imports is appropriate in the light of 
the conditions of competition between th e imported products and the like domestic 
product. 
Article 20.- Period for examination of injury.  Unless the investigating authority determines 
otherwise, the factors mentioned in Article 16 of th is Decree shall be examined with reference to a 
period comprising the three years preceding the submission of the application. 
  With regard to threat of inju ry, the examination period shall be  that indicated in the preceding 
paragraph, unless the domestic producers s how that this period is not relevant. 
  In order to assess the injury, the information shall be submitte d in detail, preferably broken 
down into half-yearly periods. 
 
CHAPTER III 
 
Domestic industry 
 
Article 21.- Concept.  For the purposes of this Decree, th e term "domestic industry" shall be 
interpreted as referring to domestic producers as a whol e of like products or to those of them whose 
collective output of the products constitutes a majo r proportion of the total domestic production of 
those products.  
 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 e ither support for or opposition to the application.  G/ADP/N/1/COL/3 
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   In the course of the investigation and sole ly for the purposes of authentication, if some 
producers are related to exporters or importers in conformity w ith the concept of relationship 
indicated in this Decree for the allegedly dumped product in the country or countries where the application is made and the subsequent investig ation conducted or are them selves importers of the 
product under consideration, this te rm may be interpreted as referring to the remaining producers. 
 
 No investigation shall be initiated wh en domestic producers expressly supporting the 
application account for less than 25 per cent of total production of the like product produced by the domestic industry.  
 In the case of fragmented industries involving  an exceptionally large number of producers, 
the investigating authority may determine a perc entage of support and oppos ition other than that 
mentioned by using statistically valid sampling techniques.  Paragraph:  In exceptional circumstances, the national te rritory may, for the production in question, 
be divided into two or more competing market s and the producers within each market may be 
regarded as a separate industry if the producers with in such market sell all or almost all of their 
production of the product in question in that market, and the demand in that market is not to any substantial degree supplied by producers of the product  in question located elsewhere in the territory.  
If the national territory has been divided into two or more competing markets and producers are 
considered to be a separate industry because demand in  that market is not supplied to any substantial 
degree, injury may be found to exist even where a major portion of the total domestic industry has not 
suffered injury, provided there is a concentration of dumped imports into such an isolated market and 
provided further that the dumped imports are causing in jury to the producers of all or almost all of the 
production within such market.  
 
CHAPTER IV 
 
Investigation procedure 
 
Article 22.- Initiation of the investigation.  The investigation may be undertaken upon a written 
application by or on behalf of th e domestic industry.  The investig ating authority may initiate the 
procedure upon a written application by or on beha lf of the domestic industry if it considers it has 
suffered injury from imports of like products at dum ping prices effected not earlier than six months 
and not later than 12 months prior to the application.  
 In special circumstances, the investigating authority may undert ake an investigation ex officio 
if there is sufficient evidence submitted by th e domestic producers affected or concerned and 
reasonably available to them that enables the exis tence of injury, threat of injury or material 
retardation caused by the imports at dumping prices to be determined.  Article 23.- Application by or on behalf of the domestic industry.  It shall be considered that an 
application has been made by or on behalf of the domestic industry on the basis of the degree of 
support among domestic producers of the like pr oduct allegedly imported at dumping prices. 
 Article 24.- Requirements and submission of the application.  The application mentioned shall 
include evidence of the dumping, injury and a causal link between the dumped imports and the 
alleged injury that is reasonably available to the applicant.  The applicant shall indicate whether the 
injury is material injury, threat of material injury  or material retardation of this domestic industry.  
Simple assertion, unsubstantiated by relevant evidence,  shall not be considered an application for the 
purposes of this Decree.  G/ADP/N/1/COL/3 
Page 14  
 
   Likewise, the application shall be drawn up in accordance with the requirements laid down in 
the manual provided by the Trade Practices Sub-Di rectorate, using the forms and attaching the 
information and evidence required therein.  This do cumentation shall be subm itted to and filed with 
the Correspondence Office in the Ministry of Trade,  Industry and Tourism or with the Foreign Trade 
Directorate's Departmental Directorates or Service Points.  In the latter case, the application for an 
investigation shall be considered to have been s ubmitted two days after being filed, the time required 
by the Departmental Directorates or Service Points to forward it to the Trade Practices 
Sub-Directorate of the Foreign Trade Directorate.   The application shall also contain, at least, the following particulars: 
 
1. The identity of the applicant.  The name or trade name and proof that it represents the 
domestic industry.  For this purpose, the applicant shall provide the certificate from the National Producers Register issued by the group in charge of rules of origin and 
domestic production at the Ministry of Trade, Industry and Tourism or its 
representatives, or any other type of document  that reliably proves such status and the 
applicant's percentage of the volume of total production. 
 
 Where an application is made on behalf of  the domestic industry, it shall identify the 
domestic industry on behalf of which it is  made by a list of all known domestic 
producers or associations of domestic producer s of the like product and shall provide 
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 product under consideration 
allegedly dumped. 
 
3. A description of the product under cons ideration allegedly dumped, indicating its 
commonly used tariff heading. 
 
4. The country or countries of origin and export. 
 
5. The names and legal addresses of the impor ters, exporters and foreign producers, if 
known. 
 
6. Information on prices at which the product under consideration 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 prices at which the product is sold 
from the country or countries of origin or export to a third country or to third countries or on the reconstructed value of the product.  This information may be 
taken, inter alia , from price lists, quotations, invoices, market surveys, specialized 
reviews or import statistics. 
 
7. Information on export prices or, where appr opriate, on the prices at which the product 
is first resold to an independent buyer in Colombia.  This information may be taken, 
inter alia , from price lists, quotations, invoices, market surveys, specialized reviews 
or import statistics. 
 
8. Information on the trend in the volume of  imports of the product under consideration 
allegedly dumped, their effect 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. 
  G/ADP/N/1/COL/3 
 Page 15 
 
 
  9. 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. 
 
10. Elements for determining the causal link between the dumping and the injury. 
 
11. The evidence it is intended to adduce. 
 
12. Identification of the confidential documen tation, justification of its confidentiality 
and a non-confidential summary or version thereof. 
 
13. Power of attorney when acting through an agent. 
 
14. Evidence of the existence and represen tation of legal persons appearing among the 
applicants. 
 
First paragraph:  The application shall be accompanied by tw o copies, one to be placed in the public 
file and the other for the confidential file.  Likewi se, all information shall be submitted in Spanish or, 
if not, the respective official translation shall be attached.  Second paragraph:  The application referred to in this Ar ticle, as well as the completed forms and 
the evidence and information required therein, ma y be sent electronically in accordance with the 
guidelines drawn up by the investigating authority for this purpose. 
 Article 25.- Acceptance of application.  If the investigating authority, on examination of the 
application, finds that it meets the requirements of  the preceding Article, it shall accept it.  Acceptance 
shall be notified to the applicant within the next five days. 
 
 If the investigating authority finds it necessar y 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 
information requested. 
 
 If, after one month following the request for missing information, such information has not 
been supplied in full, the applicant shall be cons idered to have withdrawn the application and the 
information supplied shall be returned to the applicant. 
 
Article 26.- Evaluation of the grounds for the app lication in order to decide whether to initiate 
an investigation.  The investigating authority shall have a period of 20 days following the date of 
dispatch of the notification of accep tance to evaluate, as far as possibl e, the accuracy and adequacy of 
the information and evidence provided and to de cide whether there are grounds to initiate an 
investigation. 
 
 At this stage, the investigating authorit y may order and examine evidence ex officio  or at the 
request of an interested party.   Determination of the grounds for initiating a dumping investigation shall be subject to 
compliance with the following: 
 
1. Confirmation, by verifying the degree of support for, or opposition to, the application, 
that it has been made by or on behalf of the domestic industry.  For this purpose, the investigating authority may send notifica tions to the known domestic producers or 
associations, which within five days from th e day following the date of dispatch of 
the notification shall express in writing their support for, or opposition to, the 
application.  This period may be extended by up to five days, at the request of a party. G/ADP/N/1/COL/3 
Page 16  
 
   If no reply is received within the specified period, this shall indicate that there has 
been no expression of interest on the part of the domestic producer or association 
concerned. 
 
2. The existence of evidence that constitutes sufficient proof of dumping, the existence 
of injury or threat of injury or retard ation and a causal link between these elements. 
 Paragraph:   For the purposes of establi shing the accuracy and adequacy  of the evidence supplied by 
the applicant in order to determine whether there is  sufficient evidence to justify the initiation of an 
investigation, the investigating authority may, either ex officio or at the request of a party, extend the 
period specified in the first paragraph of this  Article, once only, for up to 20 additional days. 
 Article 27.- Confidentiality of the application for an investigation.  The investigating authority 
shall avoid any publicizing of the submission of an application for an investigation before a decision 
to initiate an investigation has been made.  However, in the pe riod between the acceptance of an 
application and the initiation of an  investigation, it shall notify the government of the exporting 
country or countries concerned that an application has been submitted.  Article 28.- Initiation of the investigation.  If, in evaluating the application the Foreign Trade 
Directorate finds that there are grounds for initia ting an investigation, it shall adopt a reasoned 
resolution to that effect to be published in the Offi cial Journal.  Likewise, if the Directorate finds no 
grounds for initiating an investigation, it shall adopt  a reasoned resolution to that effect within the 
same time-limits.  Article 29.- Dispatch and receipt of questionnaires.  Within seven days following the date of 
publication of the resolution ordering the initiation of  the investigation, the investigating authority 
shall forward a copy of the resolution to importers , exporters or foreign producers concerned by the 
application, at the address indicated therein, and to  the diplomatic or consular representatives of the 
country of origin or of export, indicating where the forms designed for the purpose of requiring information on the case may be consulted.  Other inte rested parties shall be convened within the same 
period by a notice published in the Official Journal so that they may express their duly substantiated 
views and present or request the evidence they consider relevant. 
 
 The aforementioned interested parties shall retu rn 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 one month following the date of  their dispatch.  This period may be extended by 
up to ten additional days in the event of a duly ju stified request by the interested parties.  This 
extension applies to all those that have responded to the notification. 
  Replies sent by interested parties shall be submitted in Spanish, or failing that shall be 
accompanied by an official translation.  The rep lies shall be accompanied by two copies, one to be 
placed in the public file and the other in the confiden tial file.  These requirements shall apply to all the 
documents intended to demonstrate the claims made  by each party interested by the investigation. 
 
 If the product under consideration has special characteristics that indicate that the goods 
mentioned in the application are not like goods, inte rested parties may request that these goods be 
specifically excluded by the inv estigating authority in the preliminary or final stages of the 
investigation, provided that due proof is given. 
 
Paragraph:  The dispatch and receipt of replies to ques tionnaires by the interested parties mentioned 
in this Article may be sent electronically in acco rdance with the guidelines drawn up for this purpose 
by the investigating authority.   G/ADP/N/1/COL/3 
 Page 17 
 
 
  Article 30.- Acceptance of the application by fo reign producers, exporters and authorities in the 
exporting country.  Within seven days following the date of publication of the resolution to initiate 
the investigation, the investigating authority shall provide the text of the application to the foreign 
producers, exporters, authorities of the exporting c ountry, and other interested parties which so 
request, subject to the requirement to protect confidential information. 
 
Article 31.- Preliminary determination.  Within a period of two months of the day following the 
date of publication of the resolution initiating the inv estigation, the Foreign Trade Directorate shall, in 
a reasoned resolution, announce the preliminary resu lts of the investigation and, where appropriate, 
shall order the imposition of provisional duties.  Th e resolution in question shall be published in the 
Official Journal. 
  Within seven days following its publication, a copy of the resolution 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 other interested parties that have expressed an interest in the investigation and 
have supplied their address. 
  Where justified by special circumstances, th e Foreign Trade Directorate may, ex officio  or at 
the request of an interested party, extend the pe riod indicated for the preliminary determination by up 
to 30 calendar days.  
Paragraph:  Documentation and information received with in 15 days preceding the expiry of the 
time-limit for the adoption of the preliminary dete rmination, including any extension, may not be 
considered at this stage, but will in any even t be taken into account for the conclusion of the 
investigation.  
Article 32.- Examination of evidence.  The investigating authority shall, ex officio  or at the request 
of an interested party, examine the evidence it considers useful, necessary and effective for the 
purpose of verifying the facts investigated.  Or al and documentary evidence shall be accepted, 
together with the other evidence provided in this Decree in conformity with the provisions laid down 
in the WTO Agreement on Implementation of Article  VI of the General Agreement on Tariffs and 
Trade 1994. 
 
 The time-limit for examination of evidence shall expire two months after the date of publication of the resolution containing the prelim inary determination.  Without prejudice to the 
foregoing, the investigating authority may ex officio  order evidence as of the initiation of the 
investigation until the preparation of the fina l recommendation by the Trade Practices Committee. 
 
 The investigating authority may order the ex amination of evidence or information and may 
request them in the country or countries of origin investigated, through the competent national authorities.  The foregoing shall be without prejudice to the provisions on verification visits in the territory of the country investigated.  
 Interested parties shall have the right, on justifi cation, to meet with the investigating authority 
throughout the period of the investigation.  The in vestigating authority shall only take into account 
information presented orally if it is provided in  writing and made available in the course of the 
meeting.  Such documents shall be made available to other interested parties. 
 
 The investigating authority shall duly take in to account any problems that may be faced by 
interested parties, in particular small enterpri ses, in presenting the information requested and shall 
provide them with any assistance practicable.  G/ADP/N/1/COL/3 
Page 18  
 
  Article 33.- Visits for verification purposes.  For the purpose of verifying information received or 
obtaining more elements needed for the review  or corresponding examination, the investigating 
authority may make any verification visits it consid ers relevant at any time during the conduct of the 
investigation or prior to the commencemen t of the period for submitting arguments. 
 The decision and intention to make a verification visit, as well as the agreed dates and places, 
shall be notified to the enterprises concerned at least ten days in advance of the visit so that they may 
inform the investigating authority of any objections .  If no reply is received within this period, the 
investigating authority may assume  that there is no objection. 
  Prior to the visit, the enterprises involved sha ll be informed of the general nature of the 
information to be verified, as well as any other info rmation which, in the view of the investigating 
authority, should be provided.   The foregoing shall not prevent the investiga ting authority from seeking clarification of the 
information obtained or further details in  the course of the verification visit. 
 
Article 34.- Verification visits in the country investigated.  The investigating authority may make 
verification visits in the territory of the country i nvestigated subject to appropriate notification to the 
government of the country in question and provided that there is no objection to the visit.   The results of the verification visits shall be  made known to all interested parties by the 
investigating authority, except for an y relevant confidential information. 
  The verification team may include government officials or non-governmental experts, who may be subject to penalties if they fail to comply with the provisions on the confidential nature of the 
information. 
 
 The inclusion of such officials or experts sh all be notified to the enterprises and national 
integration bodies in the country where the enterprises to be visited have their legal domicile. 
 Paragraph:  If the visits mentioned in this Article are conduc ted at the request of an interested party, 
the travel and accommodation costs of the investigating team shall be paid by the requesting party in 
accordance with the scale drawn up by the National G overnment for missions abroad by government 
officials.  If several parties have requested the visit, the costs shall be shared equally among all 
interested parties.  Article 35.- Public hearings of interested parties.  Within ten days following publication of the 
resolution adopting the preliminary determination, parties interested in the investigation and in 
general any persons who have demons trated a legitimate interest in the investigation may request the 
holding of a hearing of interested parties represen ting different interests so  that opposing views may 
be presented and rebuttal arguments put forward concerning the elements evaluated during the 
investigation up to the preliminary stage.  In holdi ng such hearings, account shall be taken of the need 
to protect the confidentiality of the information provided. 
 
 The convening and holding of such a hearing sh all not place any interested party under an 
obligation to attend and failure to do so sha ll not be prejudicial to that party's case. 
  The investigating authority shall have five days from the day following the application in 
which to convene a hearing.  The hearing shall be  held within one month from the day following the 
date of submission of the request or of an ex officio  invitation. 
  G/ADP/N/1/COL/3 
 Page 19 
 
 
   The investigating authority shall only take into account the arguments put forward in the 
course of the hearing if they are reproduced in wr iting and made available to other interested parties 
within three days following the holding of the hearing.  Article 36.- Best information available.  In cases in which an interested party refuses access to, or 
otherwise fails to provide, necessary information w ithin a reasonable period or significantly impedes 
the investigation, preliminary and final determinati ons, affirmative or negative, may be made on the 
basis of the facts available.   If any of the evidence or information presented is rejected, the investigating authority shall 
explain the reasons for its determin ation and shall give a reasonable ti me for the submission of further 
explanations.  If the authority considers that the expl anations are not satisfactory, it shall explain the 
reasons for which it has rejected the evidence or  information in the de terminations published. 
 Article 37.- Arguments.  Within 15 days following the expiry of the period for the examination of 
evidence, interested parties participating in the i nvestigation shall be give n an opportunity to submit 
their arguments and views concerning the investiga tion in writing and to rebut the evidence adduced 
and examined therein.  Article 38.- Presentation of the final report.  Within a period of three months from the day 
following publication of the resolution adopting th e preliminary determination, the Trade Practices 
Sub-Directorate shall convene the Trade Practices  Committee to present the final results of its 
investigation, in order for this Committee to fo rm an opinion.  The aforementioned period may be 
extended by the Foreign Trade Directorate for up to one month if it considers that special circumstances justify such an extension.  
 If the Trade Practices Committee requests the Trade Practices Sub-Directorate for more 
information on the results of the investigation, th e meeting may be suspended for the length of time 
considered necessary.   Once the Trade Practices Committee has given its op inion on the results of the investigation, 
the Trade Practices Sub-Directorate shall, within the following three days, send the interested parties 
participating in the investigati on a document containing the essential facts which form the basis for 
the decision whether to apply defin itive measures so as to enable them, within a period of ten days, to 
provide the Committee with their comments in writing.  These comme nts may only refer to facts or 
circumstances put forward before the expiry of th e period specified in Article 37 of this Decree. 
 
 Replies shall be sent to the Secretariat of the Trade Practices Committee, which shall present 
them to the Committee, together with the comments of the Trade Practices Sub-Directorate, within a 
period of ten days, so that the Committee may cons ider them and make a final recommendation to the 
Foreign Trade Directorate.  Article 39.- Conclusion of the investigation.  Within 15 days following the formulation of the 
recommendation by the Committee referred to in th e preceding Article, the Foreign Trade Directorate 
shall adopt the appropriate decision in a reasoned resolution.   This resolution shall be published in the Offici al Journal.  Within seven days following its 
publication, a copy shall be sent to the Member c ountry 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 investigation and supplied their address.  The copies may be sent 
electronically in accordance with the guidelines draw n up by the investigating authority for this 
purpose.  G/ADP/N/1/COL/3 
Page 20  
 
  Article 40.- Technical information meetings.  The investigating authority shall hold technical 
information meetings with interested parties wh ich so request, within three days from the day 
following publication of the preliminary and final r esolutions in the Official Journal.  Technical 
meetings shall primarily be for information and thei r purpose shall be to explain the method used in 
determining the margins of dumping, as well as the inju ry or threat of injury or retardation and the 
arguments concerning causality.  Prior to the meeti ng, interested parties may formulate in writing 
questions which they consider rele vant provided that they are related to the information published. 
 Article 41.- Early termination.  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 according to the terms 
defined in subparagraph (h) of Article  4 and paragraph 2 of Article 16. 
  If the requesting party withdraws its applicati on for the imposition of provisional or definitive 
measures before the Foreign Trade Directorate ha s taken any decision, the investigation shall 
immediately be deemed to  have been concluded. 
 
 If the aforementioned withdrawal occurs after the Foreign Trade Directorate has decided to 
impose provisional measures, these shall be annulled ex officio.  Article 42.- Information supplied by interested parties.  During the course of an investigation, the 
investigating authority shall satisfy itself of the accuracy of the information supplied by interested 
parties on which its conclusions are based.  The fo regoing shall be without prejudice to the provisions 
in Article 36 of this Decree.  Article 43.- 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. 
 
Article 44.- Confidentiality of documents.  When initiating the investigation, the investigating 
authority shall open a separate file in which shall be placed the documents which the authorities, the 
applicant or the interested parties provide on a confid ential basis.  Such documents shall be treated as 
confidential in accordance with the provisions of the Political Constitutio n and other relevant 
regulations and may only be inspected by the competent 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 and shall be in the form of an indica tion of the figures and information provided in the 
confidential version or parts of the text shall be crossed out.  In exceptional circumstances, duly 
substantiated, parties may indicate that such in formation is not susceptible of summary.  If the 
investigating authority considers that the documen ts provided as confidential are not confidential in 
nature, it shall request the person providing them to waive such confidentiality or to state the reasons 
why they are unwilling to do so.  
 The confidential nature of a document shall not prevent the authorities from requesting it for 
the proper exercise of their functions.  The authorities shall be 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.   G/ADP/N/1/COL/3 
 Page 21 
 
 
  Paragraph:  When, pursuant to this Article, docum ents are provided as confidential and 
non-confidential summaries are not supplied, or th e confidentiality is not waived without any 
justification, these documents shall be  disregarded in the investigation. 
 
CHAPTER V 
 
Imposition and collection of anti-dumping duties 
 
SECTION I 
 
Anti-dumping duties 
 
Article 45.- Anti-dumping duties.  The Foreign Trade Directorate may determine and order the 
collection of anti-dumping duties on any dumped impor t found to be causing or threatening to cause 
material injury to the domestic industry or materia lly retarding the establishment of such an industry. 
 
 The amount of duties may normally be expressed in one of the following forms or as a combination thereof, as an ad valorem percentage or in accordance with a base price. 
 Article 46.- Calculation of duties.  Whenever the information so permits and the characteristics of 
the investigation so allow, duties may be calculated by reference to the amount sufficient to eliminate 
the material injury, the threat of material injury  or material retardation of a domestic industry. 
  For this purpose, the following may be taken into account:  
(a) The price of the imported product in the domestic market as compared to the price of 
the domestic product; 
(b) the price at which the product is sold in the domestic market; 
(c) the impact of the measures on the domestic market. 
 The application of anti-dumping duties shall not  be imposed in an amount greater than the 
margin of dumping.  
Article 47.- Provisional duties.  To prevent injury being caused dur ing the investigation period, the 
Foreign Trade Directorate of the Ministry of Trade, Industry and Tourism may, by a reasoned resolution subject only to direct revocation, impose provisional duties where, after affording the party 
being investigated reasonable opportunity to partic ipate 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 that are causi ng injury to the domestic industry and deems that 
such measures are necessary to prevent inju ry being caused during the investigation. 
  Provisional duties shall be applied for a period not exceeding four months, unless they are specifically requested, in which case the period shall not exceed six months pursuant to Article 7.4 of 
the WTO Agreement on Implementation of Article VI of the General Agreement on Tariffs and 
Trade.  When the authorities, in the course of an investigation, ex amine whether a duty lower than the 
margin of dumping would be sufficient to remove  injury, provisional duties may be applied for a 
period of six months or, at the request of  a party, for a period of nine months. 
  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 has been found 
to be imported at dumping prices and to be causing injury to an industry in Colombia. G/ADP/N/1/COL/3 
Page 22  
 
   The aforementioned resolution shall be publishe d in the Official Journal, and communicated 
in the manner and within the time-limits laid down in  Article 30 of this Decree.  A copy of this 
resolution shall be sent to the National Revenue an d Customs Directorate (DIAN), for action within 
its competence.  
Article 48.- Provision of security.  Where provisional anti-dumping duties are adopted, in lodging 
their import declaration importers may opt to pa y the respective duties or provide the National 
Revenue and Customs Directorate (DIAN) with secur ity for payment.  The security shall be provided 
for the term indicated in the resolution adopting th e duty and in accordance wi th the relevant customs 
regulations. 
 
Article 49.- Definitive duties.  When a definitive anti-dumping duty is imposed, it shall be collected 
in the amounts indicated in the relevant resolution, irrespective of the importer, on imports of the product found to be imported at dum ping prices and to be causing injury to an industry in Colombia. 
 
 The Ministry of Trade, Industry and Tourism,  after consulting the Trade Practices Committee, 
shall adopt the decision most appropriate to the in terests 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 50.- Imposition of duties on massive imports or for non-compliance.   Without prejudice to 
the provisions in the preceding Article, the Ministry of Trade, Industry and Tourism may order the 
imposition of definitive duties on imports alr eady made, in the following circumstances: 
 
1. If injury is caused by massive dumped im ports, on imports made up to 90 days prior 
to the date of imposition of the provisional duties, but under no circumstances prior to 
the date of publication of the reso lution to initiate the investigation. 
 
2. If there is non-compliance with the pri ce undertakings accepted in conformity with 
Article 60 of this Decree on imports declared  within the 90 days preceding the date of 
imposition of the provisional duties, but under no circumstances on imports declared prior to such non-compliance. 
 
Paragraph:  The massive imports referred to in this Article  shall be so characterized in the light of 
their trend between the date of initiation of the inv estigation and the date of imposition of provisional 
measures, relative to the trend in imports over a pe riod 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 51.-  Retroactivity.  Notwithstanding the provisions in the preceding Articles, when a 
definitive determination of injury or threat of in jury is made, if the effect of the dumped imports 
would, in the absence of provisional measures, have  led to a determination of injury, anti-dumping 
duties may be levied retroactively for the period for which provisional measures have been applied. 
 
 The aforementioned retroactivity shall also a pply to products entered for consumption not 
more than 90 days prior to the date of applica tion of provisional measures when it is determined, in 
relation to the dumped product under c onsideration, that there is a history of dumping causing injury 
or that the importer was, or should have been, aware of the dumping practice and that such dumping 
would cause injury and was attributable to massive  imports of a dumped product within a relatively 
short time which are likely seriously to undermine th e remedial effect of the definitive anti-dumping 
duty to be applied, provided that interested importe rs have been given an opportunity to put forward 
the comments they deem relevant.   G/ADP/N/1/COL/3 
 Page 23 
 
 
  Article 52.- Application and duration of definitive anti-dumping duties.  An anti-dumping duty 
shall remain in force for a maximum period of fi ve years, unless the causes which gave rise to it 
persist.   The National Revenue and Customs Directorat e (DIAN) shall apply the anti-dumping duties 
in accordance with the legal provisions and the re solution imposing the duties, as well as the rules 
concerning collection of duty, the provision of secur ity, procedures and other matters relating to tariff 
charges.   Under no circumstances shall investigations  in progress hinder the introduction of the goods 
into the national territory. 
  No imported product from the same country may be subject to both anti-dumping and countervailing duties for the purpose of dealing with one and the same situation arising from dumping 
or subsidization. 
 
SECTION II 
 
Anti-circumvention measures 
 
Article 53.- Anti-circumvention measures.  Circumvention shall be defined as a change in the 
pattern of trade between the country on which the anti-dumping duty has been imposed or 
third countries and Colombia, stemming from a practice, process or work for which there is insufficient cause or economic justification othe r than the imposition of the anti-dumping duty, and 
where there is evidence that the re medial effects of the duty are being nullified in terms of the prices 
or quantities of the like product. 
 
 In cases of circumvention measures in force, the anti-dumping duties imposed pursuant to this 
Decree may be extended to imports of like products or parts thereof from third countries or countries 
subject to the anti-dumping duty.   Without prejudice to other cases of circumvention,  an assembly operation in Colombia or in a 
third country shall be considered to circumvent the measures in force if the following conditions are 
met:  
1. Imports coming from the country subject to the duty of another product that has the 
same general characteristics and uses as the product under consideration. 
 
2. The parts or components have been obtained in a country subject to the duties 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 which acts as supplier on behalf of the exporter or producer. 
 
3. The product assembled or finished with su ch parts or components in Colombia is a 
like product to that subject to definitive duties. 
 
4. 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 or in a 
third country and the normal value previously established for the like product when 
subjected to the definitive anti-dumping duty. 
 
5. The operation began or increased substan tially from the moment of initiation of the 
anti-dumping investigation or just before its initiation. G/ADP/N/1/COL/3 
Page 24  
 
  6. The parts account for 60 per cent or more of the total value of the parts of the 
assembled product.  Nevertheless, circumventi on shall not be deemed to exist if the 
combined value added of the parts used during the assembly operation is 40 per cent 
or more of the cost of production or meet s the rules of origin requirement in the 
respective free-trade agreement signed by Colombia. 
 
Paragraph:  The facts described above may be evaluated in  an investigation to be initiated by the 
Foreign Trade Directorate at the request of a party and subject to a reasoned resolution.  The request 
shall contain sufficient evidence of the factors that cause the circumvention.  The investigation shall 
be carried out by the Trade Practices Sub-Dir ectorate, which may request an opinion from the 
customs authorities prior to or in the course of initi ating the investigation.  If the facts justify the 
extension of the measures, that shall be decided by  the Foreign Trade Directorate, which may impose 
definitive anti-dumping duties.  For this purpose, where applicable, the procedural provisions in 
Chapter IV of this Decree on initiating and unde rtaking investigations shall be applicable. 
 
 
CHAPTER VI 
 
Refund of excess duties paid 
 
SECTION I 
 
Provisional duties 
 
Article 54.- Provisional duties.  There shall be a refund of provisional duties paid or the security 
provided for this purpose shall be cancelled or collected in a reduced amount, as appropriate, when 
the definitive duties are lower than the provisional du ties paid or covered by security in an amount 
equivalent to the difference between them.   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 XVIIII of Decree 2685 of 1999 and any provisions that may replace, amend or 
reform it.  
SECTION II 
 
Definitive duties 
 
Article 55.- Refund of excess duties paid.  When the Foreign Trade Directorate, following an 
investigation conducted by the Trade Practices S ub-Directorate in conformity with the preceding 
Article, determines that the anti-dumping duties paid  by the importer are greater than the actual 
margin of dumping, it shall arrange for the corr esponding excess amount to be refunded, following the 
procedure indicated for reviews for chan ges in circumstances, as applicable. 
  The refund in question shall be made by the National Revenue and Customs Directorate 
(DIAN). 
 
Article 56.- Application for investigation.  The importer of a product subject to definitive 
anti-dumping duties may request an investigation with a view to obtaining a refund of the duties paid in excess of the actual margin of dumping in the immediately preceding year.  The application shall be submitted to the investigating authority within two months following the end of that period.  G/ADP/N/1/COL/3 
 Page 25 
 
 
   
 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 provi ng the amount and payment of the duty. 
 
 The application for investigation referred to in this Article shall 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 eliminated  and the relevant evidence shall be furnished 
directly to the investigating authority.   If this evidence has not been received within tw o months of the submission of the application, 
the request shall be deemed to have been withdrawn and the case shall be filed. 
 
Article 57.- Determinations.  In determinations adopted in the course of 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 the latter case, in determining whether and to what extent the refund should be made, the 
investigating authority shall take account of any cha nges in the normal value or in the costs incurred 
between the import and resale, and any movement in the resale 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 58.- Time-limit for refunds.  Refunds or definitive duties paid in excess shall be authorized 
by the Foreign Trade Directorate by means of a reasoned resolution within a maximum period of 
four months from the date of submission  of the application by the importer. 
  The refund shall be made by the National Reve nue and Customs Directorate (DIAN) within a 
period not exceeding two months from the corresponding authorization. 
 Paragraph:  The time-limits mentioned above shall not  apply if the determination to impose 
definitive anti-dumping duties forming the object of th e investigation is subject to judicial review 
proceedings. 
 
CHAPTER VII 
 
Price undertakings 
 
Article 59.- Price undertakings.  The Trade Practices Committee shall evaluate those cases in which 
the producers or exporters of the product investigated offer, through the investigating authority, at its 
suggestion or at the initiative of the parties, to re vise the export prices or to cease dumped exports to 
Colombia, as appropriate, in such as way as to eliminate the consequent injury. 
  The investigating authority shall only accept price undertakings during the two months 
following the date of publication of the resolution containing the preliminary determination. 
  Price increases under such undertakings shall not be higher than necessary to eliminate the 
margin of dumping.  G/ADP/N/1/COL/3 
Page 26  
 
   Offers shall not be considered when they do  not include the provision of information and an 
authorization to carry out the verifications which th e investigating authority deems necessary to verify 
that such offers are being met or wh en they offer quantitative restrictions. 
  The Foreign Trade Directorate, on the recommendation of the Trade Practices Committee, 
subject to evaluation by the Trade Practices Sub-Di rectorate, may suggest price undertakings but no 
exporter shall be forced to accept them.  The fact that an exporter does not offer to make such an 
undertaking or does not accept an invitation to do so shall in no way prejudice the consideration of the 
case.  
Article 60.- Procedure.   If price undertakings are submitted, th e Foreign Trade Directorate shall, in a 
reasoned resolution, communicate them within ten days following their submission to parties 
interested in the investigation, granting them a pe riod of five days to submit the comments they deem 
relevant concerning the content of the price undertakings.  
 Within 15 days following publication of the aforementioned resolution, the Foreign Trade 
Directorate shall convene the Trade Practices Co mmittee to inform it of the respective terms and 
comments and to make its recommendations in this respect.   The Trade Practices Committee shall subm it a recommendation to the Foreign Trade 
Directorate on the price undertakings so that th e latter, in a reasoned resolution, may adopt the 
decision that best suits the national interest.  This resolution shall be published in the Official Journal. 
  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, as well as to other interested parties 
that have expressed an interest in the in vestigation and have supplied their address. 
 
 In the resolution, the Foreign Trade Directorat e shall also stipulate that, if the producer or 
exporter which made the undertaking fails or refuse s to provide periodic information relating to the 
fulfilment of the undertaking, it may order the imme diate application of provisional duties, on the 
basis of the best information available, without pr ejudice to continuing the in vestigation or reinitiating 
it at the preliminary determination phase, in the event of it having ended. 
 
Article 61.- Suspension of the investigation.  If a price undertaking is accepted by the Foreign Trade 
Directorate, the resolution accepting it may order the suspension of the investigation into dumping, 
injury and the causal link, unless the party maki ng the undertaking requests otherwise within the 
month following its publication or, at the request of  the Trade Practices Committee, it is decided to 
terminate the investigation.  In such cases, the Foreign Trade Directorate may order the continuation 
of the investigation until it is completed.   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 price undertakings.  In such cas es, the Foreign Trade Dire ctorate may require that 
the undertaking be maintained for a reasonable period. 
  In the event that an affirmative determin ation is made, the resolution shall order the 
maintenance of price undertakings consistent with  their terms and the provisions of this Decree.  G/ADP/N/1/COL/3 
 Page 27 
 
 
  CHAPTER VIII 
 
Review and examination of anti-dum ping duties and price undertakings 
 
SECTION I 
 
Application 
 
Article 62.- Administrative reviews.  At any time, the investigating authority may either ex officio  
or at the request of an interested party provided th at at least one year has elapsed since the imposition 
of the definitive anti-dumping duties or the accepta nce of the price undertakings, 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 sufficien t to justify varying such determination. 
  If a foreign producer or exporter subject to the imposition of a definitive duty reduces the 
export price in such a way as to nullify the remedial effect of the duty, the procedure provided herein 
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. 
 
Article 63.- Purpose of the review.  In the application for review, interested parties may request the 
investigating authority to examine the margins of dumping, the normal value and the 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 price undertaking. 
 
 Likewise, interested parties may request the investigating authority to examine whether the 
continued imposition of the definitive anti-dumping duty or acceptance of the price undertaking is 
necessary to offset the adverse effects of dump ing which it is intended to remedy, as well as the 
likelihood of the injury continuing or recurring if th e duty were removed or modified or acceptance of 
the price undertaking was terminated.  
Article 64.- Five-year review.   Notwithstanding the foregoi ng provisions, 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, pursuant to a review initiated before 
that date on their own initiative or upon a duly su bstantiated request made by or on behalf of the 
domestic industry within a reasonable period of time  prior to that date, that the removal 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 
calculated in accordance with the provisions of the preceding paragraph, or upon request by the 
domestic industry, at least four months before the end of the fifth year. 
  The definitive anti-dumping duties shall remain in force pending the outcome of the review. 
 Article 65.- Review of the acceptance of price undertakings.  The authorities may carry out 
reviews for the purpose of determining whether th e resolution accepting the price undertakings should 
be extended.  G/ADP/N/1/COL/3 
Page 28  
 
   If, as a result of the review, it is concluded th at it is not necessary to maintain the commitment 
assumed in the price undertaking, the Foreign Trade Directorate shall issue a resolution ordering its 
termination, as well as that of the investig ation, if the latter has been suspended. 
 Article 66.- Review to determine anti-dumpi ng duties for new exporters and producers.  The 
investigating authority, at the request of an exporte r or producer of the product subject to definitive 
anti-dumping duties, may initiate a review procedure to determine the appropriate individual margins 
of dumping.   For these purposes, the exporter or producer of  the product subject to definitive anti-dumping 
duties shall submit an application accompanied by  documentation showing that the exporter or 
producer did not export the product subject to the imposition of anti-dumping duties during the investigation period and is not rela ted to any exporter or producer in the country exporting the product 
subject to anti-dumping duties to Colombia.  
 The investigating authority shall carry out a review for the purpose of establishing an 
individual weighted average margin of dumping for such exporter or producer.   The procedure applicable to these reviews shall be that established in this Chapter, but the 
time allowed shall be reduced by one quarter.  
 While the review under this Article is being carried out, the Foreign Trade Directorate shall 
suspend the application of anti-dumping duties on  the exports of these producers or exporters.  
However, imports made after the commencement of the procedure may be subject to security while 
deciding whether definitive anti-dumping duties s hould be imposed on the exports of the said 
producers or exporters and their individual margin s of dumping.  If the decision is affirmative, 
anti-dumping duties may also be imposed retroactiv ely, from the date of initiation of the review 
procedure.  
SECTION II 
 
Procedure 
 
Article 67.- Content of applications.  The applications for review and five-year review referred to in 
this Chapter shall be submitted to the Corresponden ce Office in the Ministry of Trade, Industry and 
Tourism or to the Departmental Directorates or Serv ice Points of the Foreign Trade Directorate.  In 
the latter case, the application sha ll be considered to have been s ubmitted two days after being filed, 
the time required by the Departmental Director ates or Service Points to forward it to the 
Trade Practices Sub-Directorate of the Foreign Trade 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 for the authority to review in accordance with the provisions in this 
Chapter, i.e.: 
 
(a) The change in circumstances; 
 
(b) the need to maintain the duty in or der to offset the dumping and/or prevent 
injury;  G/ADP/N/1/COL/3 
 Page 29 
 
 
  (c) the modification or elimination of the duty imposed; 
 
(d) determination of the individual margin of dumping. 
 
4. Evidence it is intended to adduce. 
 
5. Accounts and financial information concer ning production, sales, inventories, prices 
and profits and on the plant capacity and em ployment.  This information shall be 
submitted in accordance with the legislati on in force and shall be drawn up by a 
certified public accountant or the enterprise's auditor. 
 
6. Description of the trend in demand and sales  of the domestic product that is the like 
product to the product subject to the anti-dumping practice from the time at which the practice to be reviewed commenced. 
 
7. 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. 
 
8. 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 for the determina tion of anti-dumping duties for new exporters 
and producers, the information listed in subparagraphs 2 and 6 shall not be required by the authority.  
Nevertheless, information on normal valu e and export prices shall be furnished. 
 Article 68.- Acceptance, evaluation of the grounds for the application and initiation of the 
review and examination.  For the purposes of the acceptance and evaluation of the application and 
the initiation of the review or examination, the procedure followed shall be that laid down in 
Chapter IV of this Decree.  Article 69.- Invitation to participate in the review or examination.  Other parties interested in 
taking part in the review or examination shall be convened by the investigating authority in 
accordance with the provisions in  Chapter IV of this Decree. 
  Interested parties shall have a period of one month from the publication of the invitation to 
indicate their readiness to participate in the review or examination, and supply within the same period 
the information which the investigating authority may request for these purposes, including replies to 
any questionnaire.  Likewise, they shall provide a statement, accompanied by supporting evidence. 
  If there is good cause, the Foreign Trade Director ate may extend this period, once only, by up 
to ten 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 in the 
case of the five-year review which is being conducte d ex officio, the Foreign Trade Directorate shall 
order the closure of the investigation.   The absence of participants in administrative reviews for a change in circumstances initiated 
ex officio  shall lead to the closure of the procedure.  In this case, the definitive duty and the price 
undertakings shall be maintained unchanged. G/ADP/N/1/COL/3 
Page 30  
 
  Article 71.- Dispatch and receipt of questionnaires and forwarding of applications.  
Questionnaires and replies thereto, and the forwarding of applications to exporters and authorities of 
the exporting country, as well as the submission of evid ence, shall be governed by the provisions of 
Chapter IV if not covered in this Chapter. 
 
Article 72.- Examination of evidence.  The period for examining evidence shall expire two months 
after expiry of the period allowed for receiving questionnaires. 
 
Article 73.- Hearings and arguments.  Hearings may be held at any time, once only, between the 
initiation of the investigation and the expiry of th e period for examining evidence.  For this purpose 
and with regard to the time-limit and submis sion of concluding arguments, the provisions in 
Chapter IV of this Decree shall be followed. 
 
Article 74.- Conclusions of the review or examination.  Within two months following expiry of the 
period for the examination of evidence, the investig ating authority, on the basis of the evidence and 
information provided or the best information availabl e, shall draw up a technical report bringing to an 
end the review or examination for which this Chap ter provides.  The report shall contain the findings 
and conclusions with respect to the re levant questions of fact and law. 
 
 The report concluding the review or exam ination shall recommend the maintenance, 
modification or removal of the definitive an ti-dumping duty or the acceptance of the price 
undertaking.   Within the period specified in this Article, the Foreign Trade Directorate shall convene the 
Trade Practices Committee to present th e final results of the review or examination and to form an 
opinion thereon.  The aforementioned period may be extended by up to one month by the Foreign 
Trade Directorate if it considers that specia l circumstances justify such an extension. 
 Article 75.- Final determination.  For the purposes of the final determination, the provisions in 
Chapter IV of this Decree shall apply. 
 
Article 76.- Termination of the duty imposed.  If, as a result of the review  under this Chapter, it is 
concluded that there is no justification for ma intaining a definitive anti-dumping duty, the Foreign 
Trade Directorate shall terminate it immediately, and inform the National Revenue and Customs Directorate (DIAN) accordingly.  
Article 77.- Refund of anti-dumping duties.  The resolution ordering the removal or modification of 
the definitive anti-dumping duty shall establish whether it should be refunded by the National Revenue and Customs Directorate (DIAN), referring to the DIAN those matters that fall within its competence.  
Article 78.- Access to the record and pr otection of confidential information.  For the purposes of 
access to the record and protection of confidential information in the aforementioned procedures, the 
provisions in Chapter IV of this Decree shall apply.  
SECTION III 
 
Special rules applicable to reviews for chan ge of circumstances and five-year reviews 
 
Article 79.- Determination of the likelihood of continuation or recurrence of injury.   I n  
examinations and reviews carried out in accordance w ith the provisions of the preceding Chapter, the 
investigating authority shall determine whether th ere is a likelihood that the removal of a duty 
imposed or the termination of acceptance of a pr ice undertaking will lead to the continuation or 
recurrence of material injury with in a reasonably foreseeable period.  G/ADP/N/1/COL/3 
 Page 31 
 
 
   For this purpose, the investigating aut hority shall take into consideration, inter alia , the 
following factors:  
1. The real or potential volume of imports. 
 
2. The impact on prices and the possible eff ects of the imports subject to the definitive 
duty or the acceptance of the price undertaking on the domestic industry if they are removed or terminated. 
 Article 80.- Volume of imports.  The investigating authority sh all 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 price undertaking te rminated.  For this purpose, it may take into 
account relevant economic factors such as the likely increase in production capacity in the exporting country, existing inventories of the product subject  to anti-dumping duties or price undertaking, as 
well as their likely increases and any barriers to the import of the product subject to anti-dumping 
duties or price undertakings to countries other than Colombia. 
 Article 81.- Impact on price.  In evaluating the likely impact on the prices of imports of the products 
subject to the definitive anti-dumping duty or price unde rtaking, the investigating authority shall take 
into account the likelihood of such products entering Colombia at prices that would have a significant 
depressing or suppressing effect on the prices of domestic  like products, if one or the other is revoked. 
 
Article 82.- Effects on the domestic industry.  In evaluating the possible effects on the domestic 
industry of the product subject to the definitive duty or the acceptance of a price undertaking if they were removed or terminated, the investigating aut hority shall take into acc ount all relevant economic 
factors likely to have a bearing on the state of the domestic industry in Colombia, such as likely 
declines in output, sales, market share, profits, prod uctivity, return on investment and utilization of 
capacity;  negative effects on cash flow, inventorie s, employment, wages, growth, ability to raise 
capital and investment;  and negative effects on the development and production efforts of the 
domestic industry, including efforts to develop a deri vative or more advanced version of the domestic 
like product.  
Article 83.- Basis for the determination.  The presence or the absence of any factor which the 
investigating authority is required to take into account for the purpose of deciding on the likelihood 
that the material injury will continue or recur w ithin a reasonably foreseeable period of time, if the 
definitive duty is removed or the price undertaki ng terminated, do not oblige it to reach a positive 
determination on the existence of such a possibility. 
 
Paragraph:  Margins of dumping that are de minimis shall not by themselves be sufficient to require 
the investigating authority to determine that the re moval of a definitive duty or the termination of 
acceptance of a price undertaking would not be likely to  lead to the continuation or recurrence of sales 
at less than normal value.  
Article 84.- Cumulation.  The investigating authority may cumulatively assess the volume and 
impact of imports of the product subject to the definitive duty or the price undertaking from all 
countries for which examinations or reviews have b een initiated, provided that they are at the same 
procedural stage, if there is a likelihood of such imports competing with each other and with domestic 
like products in the Colombian market. 
 
Paragraph:  The investigating authority may not make the cumulative 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/3 
Page 32  
 
  TITLE III 
 
IMPOSITION OF ANTI-DUMPING DUT IES ON IMPORTS FROM COUNTRIES 
NON-MEMBERS OF THE WORLD TRADE ORGANIZATION (WTO) 
WITH WHICH COLOMBIA HAS NOT SIGNED CORRESPONDING 
TREATIES OR TRADE AGREEMENTS 
 
SINGLE CHAPTER 
 
Article 85.- Scope of application.  In procedures conducted in relation to anti-dumping duties on 
imports from countries non-Members of the WTO with which Colombia has not signed treaties or 
trade agreements, the provisions laid down in this  Decree shall apply, with the following reservations. 
 Article 86.- Evidence of injury.  Where Colombia has not entered into any international 
commitments with respect to the imposition of anti-dumping duties which require it to furnish 
evidence of injury, such imposition may be made me rely on the basis of proof of the existence of 
dumping.  For this purpose, consideration shall be gi ven to whether in the country of origin evidence 
of injury would be granted to Colombian exports.   The applicant shall provide the information referre d to in Article 26 of this Decree so that the 
investigating authority may evaluate the trend in  the accounting and financial aspects of the domestic 
industry making the application and explain the final decision by the Foreign Trade Directorate. 
 Article 87.- Normal value.  For the purposes of determining the normal value in the investigations 
provided in this Title, the investigating authority may choose, unconditionally, between the price paid 
when the like product is sold for consumption in th e 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, or the constructed price of a like product.  Article 88.- Selection of sales for calculating the normal value.  In determining the normal value, 
the investigating authority may depart from the crite ria laid down in this Decree for disregarding sales 
in the country of origin or export. 
 
Article 89.- Representativeness of the application.  An application for investigation into imports 
under this Title shall be deemed to have been ma de by or on behalf of the domestic industry if 
submitted by domestic producers accounting for 25 per cent of domestic production of the like 
product. 
 
Article 90.- Evaluation of the grounds for the application for initiation of an investigation.  The 
investigating authority shall determine the existe nce of grounds for initiati ng a dumping investigation 
into imports of products from countries covered by th is Title if it finds that the applicants account for 
25 per cent of domestic production of the like produc t and determines the existence of sufficient, 
including circumstantial, evidence of dumping. 
 
Article 91.- Initiation of the investigation and imposition of duties.  When the order is given to 
initiate an investigation into impor ts of products originating in countries with which Colombia has not 
entered into trade commitments for the purpose of  applying anti-dumping duties, the Foreign Trade 
Directorate, in accordance with Article 47 of this  Decree, may impose provisional duties at any time, 
including in the resolution deciding on initiation.  In this case, the investigating authority's 
questionnaires shall be dispatched after the imposition of the provisional duties.   G/ADP/N/1/COL/3 
 Page 33 
 
 
   Once the investigation has been initiated, the investigating authority shall make the 
non-confidential documents available to all interest ed parties, including the foreign producers, the 
authorities of the exporting country and known exporters.  Article 92.- 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 extended for equal periods  of time, unless at any time after the expiry of 
their initial period of validity, the exporters, forei gn 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 re move the duty imposed if they have evidence 
showing that there is no need to maintain it.  
TITLE IV 
 
IMPOSITION OF ANTI-DUMPING DUT IES ON IMPORTS FROM COUNTRIES 
NON-MEMBERS OF THE WORLD TRADE ORGANIZATION (WTO) 
WITH WHICH COLOMBIA HA S SIGNED CORRESPONDING 
TREATIES OR TRADE AGREEMENTS 
 
SINGLE CHAPTER 
 
Article 93.- In procedures conducted in relation to anti-dumping duties on imports from countries 
non-Members of the World Trade Organization with  which Colombia has signed treaties or trade 
agreements, the rules laid down in the r espective treaty or agreement shall apply. 
 
 Without prejudice to the foregoing, in the course of the procedures and in applying 
anti-dumping duties, the provisions of Title III of  this Decree shall apply wherever relevant. 
 
TITLE V 
 
COMMON PROVISIONS 
 
SINGLE CHAPTER 
 
Article 94.- Technical reports.  Prior to the adoption of decisions by the Foreign Trade Directorate 
or the submission of the findings of its evalua tions to the Trade Practices Committee, the Trade 
Practices Sub-Directorate shall draw up a technical  report containing the findings and conclusions 
reached with respect to all relevant points of fact and law.  
Article 95.- Content of the resolutions, prior technical reports, preliminary and definitive 
determinations.  The resolution ordering initiation of the in vestigation or a separate technical report 
shall contain the following information: 
 
1. The name(s) of the exporting country or  countries and the product in question. 
 
2. Date of initiation of the investigation. 
 
3. Description of the dumping practice(s) to be investigated. 
 
4. Summary of the factors on which the allegations  of injury, threat of injury or material 
retardation are based. 
 G/ADP/N/1/COL/3 
Page 34  
 
  5. The time-limits given to investigated c ountries and interested parties to put forward 
their views. 
 
 Resolutions on the imposition of provisional or definitive measures or separate technical 
reports shall contain sufficiently detailed explan ations concerning the preliminary and definitive 
determinations of dumping, injury and the causal li nk.  Likewise, they shall mention the questions of 
fact and of law on which the acceptance or rejection of the arguments put forward are based. 
 
 In the aforementioned resolutions or re ports, the following shall be indicated: 
 
1. The names of the suppliers or th e countries investigated concerned. 
 
2. A description of the product. 
 
3. The amount of the anti-dumping duties determined and the basis on which the 
existence of dumping has been determined. 
 
 Considerations concerning the dete rmination of injury, threat of injury or material retardation 
and the main grounds on which the determination is based. 
 
Paragraph:   The report referred to in this Article ma y be sent electronically in accordance with the 
guidelines drawn up by the investigating authority for this purpose.  Article 96.- Concurrent investigations.  Investigations to establish the correct customs valuation of 
imports conducted by the Nationa l Revenue and Customs Director ate (DIAN), as well as those 
relating to incorrect tariff classification and dumping by the Trade Practices Sub-Directorate of the 
Foreign Trade Directorate, may be carried out simultaneously.  Article 97.- Inter-institutional cooperation.  If, in the course of an administrative procedure, the 
Trade Practices Sub-Directorate has information that  leads it to believe that customs under-valuation, 
under-invoicing, incorrect tariff classification or an y other practice that may fall within the customs 
competence of the National Revenue and Customs Directorate (DIAN), National Customs Directorate, may exist, it shall ex officio  forward a copy of all relevant  documents, without prejudice 
to continuation of the pro cedure with regard to matters within its own competence.  In this case, it 
shall maintain the confidentiality applicable to the investigating authority and shall take into account 
the provisions in this Decree regarding the protection of confidential information. 
 
Article 98.- Forwarding of resolutions.  The Trade Practices Sub-Directorate shall forward to the 
National Revenue and Customs Directorate (DIAN) c opies of resolutions determining the application 
of provisional or definitive anti-dumping duties or m odifying or suspending those already established. 
 
Article 99.- Responsibilities.  For the purposes of this Decree, the Trade Practices Committee, the 
Foreign Trade Directorate and the Tr ade Practices Sub-Directorate of the Ministry of Trade, Industry 
and Tourism, shall have the following functions:  
Trade Practices Committee:   To give the Foreign Trade Directorate its opinion on price 
undertakings, the results of the final study co nducted by the Trade Practices Sub-Directorate 
in the course of the investigation, the impos ition, removal, extension or modification of 
definitive anti-dumping duties and the termination of price undertakings. 
 
It is also the Committee's responsibility to au thorize extensions of the time-limits for 
conducting and concluding investigations, where justified.  This latter responsibility shall 
include the possibility of authorizing an extensi on additional to that specified in this Decree 
for the periods for preliminary and final determinations.  G/ADP/N/1/COL/3 
 Page 35 
 
 
   The Committee shall be composed of the following: 
  - The Vice-Minister of Foreign Trade, who shall act as Chair;   - the vice-minister of the body most closel y linked to the domestic industry affected in 
the opinion of the Committee's Chair; 
  - the Director of National Customs;   - the Director of Trade Relations or the Director of Economic Integration at the 
Ministry of Trade, Industry and Tourism, depending on the country investigated, in 
the opinion of the Committee's Chair; 
  - the Deputy Director-General of  the National Planning Department; 
 
 - advisers to the Higher Council for Foreign Trade (2); 
  - the supervisor responsible for consumer  protection and metrology in the Supervisory 
Authority for Industry and Trade and the Director for Foreign Trade, who shall take part in the discussions but without voting rights. 
 
Paragraph:  In addition to the functions menti oned above, the Trade Practices Committee 
shall draw up its own rules of procedure. 
 
Foreign Trade Directorate:   To adopt a reasoned resolution on the results of the opening or 
initiation of the aforementioned procedures, the preliminary and final evaluation, to impose 
the provisional and definitive duties applicable, to  grant or adopt the extensions envisaged in 
the course of the investigation and to decide on price undertakings submitted.  The definitive 
duties shall be imposed by the Foreign Trade Directorate in accordance with the 
recommendations of the Trade Practices Committee. 
 
Trade Practices Sub-Directorate:   To conduct the investigations  covered by this Decree and 
to act as the technical secretariat for the Trad e Practices Committee, without prejudice to any 
other responsibilities. 
 
The Trade Practices Sub-Directorate shall draw up a study that includes the final results of all procedures or investigations. 
 
Article 100.- Procedures and requirements.  The Foreign Trade Directorate shall establish the 
internal procedures, the applications manual,  the forms and other requirements necessary for 
implementation of this Decree.  Likewise, it shall determine and implement the electronic mechanisms to be used in the course of  the investigations provided herein. 
 
Article 101.- Review.  The decisions adopted following the inves tigations referred to in this Decree 
may be the subject of the proceedings provided  in the Code of Administrative Litigation. 
 Article 102.- Transitional period, entry into force and repeal.  This Decree shall enter into force as 
of its publication and repeals Decree 991 of 1998,  Article 31 of Decree 2350 of 17 October 1991 and 
other rules contrary to it. 
 G/ADP/N/1/COL/3 
Page 36  
 
   Investigations under way with preliminary determ inations at the time of entry into force of 
this Decree shall continue to be governed by the previous regulations until they are completed. 
 For publication and implementation.  
Done at Bogotá, D.C. on 15 July 2010. 
 
ÁLVARO URIBE VÉLEZ 
 
The Minister of Finance and Public Credit Óscar Iván Zuluaga Escobar 
 
The Minister of Trade, Industry and Tourism 
Luis Guillermo Plata Páez 
 
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