COLOMBIA – ANTI-DUMPING DUTIES ON FROZEN FRIES FROM BELGIUM, GERMANY AND THE NETHERLANDS RECOURSE TO ARTICLE 21.5 OF THE DSU BY THE EUROPEAN UNION REQUEST FOR CONSULTATIONS
Document: REQUEST FOR CONSULTATIONS
Date: 4 June 2024
Document codes: WT/DS591/13
Complainant: EU
Respondent: Colombia
Third parties: Brazil, China, Honduras, India, Japan, Russia, Turkey, U.S.
Dispute stage: Panel
Agreements cited: Art. 1, 2.1, 2.4, 2.4.1, 2.6, 3, 3.1, 3.2, 3.4, 3.5, 3.6, 3.7, 3.8, 5.3, 5.8, 6.1.2, 6.2, 6.4, 6.5, 6.5.1, 6.8, 6.9, 9.1, 9.2, 9.3, 11.1, 12.2, 12.2.2, 18.1, Annex II  Anti-dumpingArt. 10  Customs valuationArt. VI  GATT 1994

COLOMBIA – ANTI-DUMPING DUTIES ON FROZEN FRIES
FROM BELGIUM, GERMANY AND THE NETHERLANDS
RECOURSE TO ARTICLE 21.5 OF THE DSU BY THE EUROPEAN UNION
REQUEST FOR CONSULTATIONS
The following communication, dated 31 May 2024, from the delegation of the European Union to the
delegation of Colombia, is circulated to the Dispute Settlement Body in accordance with Article 21.5
of the DSU.

My authorities have instructed me to request consultations with the Republic of Colombia (Colombia)
pursuant to Articles 1, 4 and 21.5 of the WTO Understanding on Rules and Procedures Governing
the Settlement of Disputes (DSU), Article 17 of the Agreement on Implementation of Article VI of
the General Agreement on Tariffs and Tra de 1994 (Anti-dumping Agreement) and Article XXIII of
the General Agreement on Tariffs and Trade 1994 (GATT 1994), concerning the anti-dumping (AD)
duties on certain imports of potatoes, prepared or preserved (otherwise than by vinegar or acetic
acid), fro zen (frozen fries) originating from Belgium, Germany and the Netherlands imposed by
Colombia. The European Union (EU) also refers to the "Agreed Procedures under Article 21 and 22
of the Dispute Settlement Understanding", dated 10 October 2023 (Sequencing Agreement), which
apply "for the exclusive purposes of this dispute" and in particular paragraph 1 thereof, which
governs the procedures for the Parties to consult for purposes of compliance proceedings in this
dispute.
This request for consultations is ma de with respect to a "disagreement", under Article 21.5 of the
DSU, "as to the existence or consistency with a covered agreement of measures taken to comply
with the recommendations and rulings" in the Award, and in the Panel Report as modified by the
Award in DS591: Colombia — Anti-Dumping Duties on Frozen Fries from Belgium, Germany and the
Netherlands (DS591 Colombia — Frozen Fries). Pursuant to Article 25.4 of the DSU, Article 21.5 of
the DSU applies mutatis mutandis to the Arbitration Award in this dispute.
The Award of the Arbitrators in DS591 - Colombia — Anti-Dumping Duties on Frozen Fries
(WT/DS591/ARB25 and WT/DS591/ARB25/Add.1) (Award of the Arbitrators) was issued and notified
to the Dispute Settlement Body (DSB) on 21 December 2022. The Arbitrat ors recommended that
Colombia bring into conformity with the Anti -Dumping Agreement those measures found in the
Award, and in the Panel Report as modified by the Award, to be inconsistent with that Agreement.1
On 10 March 2023, Colombia and the European Union informed the DSB that they had agreed that
the reasonable period of time (RPT) for Colombia to implement the recommendations of the Award
of the Arbitrators would expire on 5 November 2023 (WT/DS591/10).

1 The Panel, pursuant to Article 19.1 of the DSU, recommended that Colombia bring its measures into
conformity with its obligations under the GATT 1994 and the Anti-Dumping Agreement.

By Resolution 065 of 10 April 2023 2, published in Official Journal 52.362 of 11 April 2023 3, the
Foreign Trade Directorate of the Ministry of Trade, Industry and Tourism (MINCIT) ordered 'the
launch of an administrative procedure for the purpose of complying with the World Trade
Organization (WTO) Panel ruling and the arbitration award in the appeal in case DS -591'. On
21 November 2023, Colombia published Ministerial Resolution 286 finalising the administrative
review initiated by Resolution 065 of 10 April 2023 4 published in the Official Journal 52.588 of
23 November 20235.
On 7 December 2023 Colombia circulated its Status Report under Article 21.6 of the DSU regarding
the implementation of the Award of the Arbitrators in this dispute (WT/DS591/12) and claimed that
"it has now fully implemented all of the relevant panel and arbitral findings and has complied with
its WTO obligations". According to the Status Report "Colombia revised several aspects of the original
determination in order to comply with the advers e findings concerning the dumping margin
calculation, the injury and causation analyses, as well as confidentiality " and "concluded that the
anti-dumping duties at issue should be continued, on the basis of the modifications made".
The European Union disagrees with Colombia as to the consistency with the covered agreements of
the measures Colombia has taken to comply with the rulings of the panel and the Arbitrators in
DS591 - Colombia — Frozen Fries, as detailed below.
The measures that the EU would like to address in the consultations (the "measures at issue " or
"measures taken to comply ") are the anti -dumping duties imposed by Colombia on imports of
potatoes, prepared or preserved (otherwise than by vinegar or acetic acid), frozen (frozen fries),
originating in Belgium, the Netherlands and Germany. The measures at issue include, and are
evidenced by, the following instruments/documents:
- Ministry of Trade, Industry and Tourism Resolution 065 of 10 April 20236, published in Official
Journal 52.362 of 11 April 20237;
- Ministry of Trade, Industry and Tourism Technical Report, Public Version, of the
Administrative Review to Comply with the Report Issued by the World Trade Organization –
WTO Panel and the Final Arbitration Ruling Handed Down in Case DS-591, 20238;
- Ministerial Resolution 286 finalising the administrative review initiated by Resolution 065 of
10 April 20239 published in the Official Journal 52.588 of 23 November 202310.
This request also covers any annexes thereto, notices, preliminary findings, reviews, amendments,
supplements, replacements, renewals, extensions, implementing measures or any other related
measures.
By using flawed methodologies for calculating dumping in its measures taken to comply, Colombia
artificially created and/or inflated dumping margins for the exporting producers. On this basis, the
measures at issue appear to be inconsistent with Colombia 's obligations under the following
provisions of the Anti-Dumping Agreement and the GATT 1994:
1. Article 2.4.2 of the Anti-Dumping Agreement because Colombia, in its implementation, has
not established the existence of margins of dumping on the basis of a comparison of a
weighted average normal value with a weighted average of prices of all comparable export

2 https://www.mincit.gov.co/getattachment/58b980c6-23f7-4e2b-8382-20a93c919304/Resolucion-065-
del-10-de-abril-de-2023.aspx , last accessed on 22 April 2024
3 https://svrpubindc.imprenta.gov.co/diario/index.xhtml , pages 6 – 9, last accessed on 22 April 2024.
4 https://www.mincit.gov.co/getattachment/7df676b8-c5ab-4792-a988-f77ca562db4f/Resolucion-286-
del-21-de-noviembre-de-2023.aspx , last accessed on 22 April 2024.
5 https://svrpubindc.imprenta.gov.co/diario/index.xhtml;jsessionid=5d1a778f0169ddb2c8181e2ecf52 ,
pages 14 – 21, last accessed on 22 April 2024.
6 https://www.mincit.gov.co/getattachment/58b980c6-23f7-4e2b-8382-20a93c919304/Resolucion-065-
del-10-de-abril-de-2023.aspx , last accessed on 22 April 2024.
7 https://svrpubindc.imprenta.gov.co/diario/index.xhtml , pages 6 – 9, last accessed on 22 April 2024.
8 http://srvcalidad.mincomercio.gov.co/Practicas-Comerciales/Mincomercio/rev-ad-papa-2023-T1.pdf ,
pages 543 – 641, last accessed on 22 April 2024.
9 https://www.mincit.gov.co/getattachment/7df676b8-c5ab-4792-a988-f77ca562db4f/Resolucion-286-
del-21-de-noviembre-de-2023.aspx , last accessed on 22 April 2024.
10 https://svrpubindc.imprenta.gov.co/diario/index.xhtml;jsessionid=5d1a778f0169ddb2c8181e2ecf52 ,
pages 14 – 21, last accessed on 22 April 2024.

transactions or by a comparis on of normal value and export prices on a transaction -to-
transaction basis. Instead, Colombia has established the existence of margins of dumping
on the basis of a comparison of a simple average normal value with a weighted average of
prices of export transactions.
2. Articles 2.4 and 2.1, in particular in light of Article 2.2, footnote 2, Article 2.4.2, Article 2.6
and paragraph 3 of Annex II of the Anti-Dumping Agreement because, with respect to certain
exporting producers, Colombia did not perform a fair co mparison between the export price
and the normal value. In particular, for the comparison regarding certain transactions in
certain product types Colombia wrongly used a normal value based on arbitrarily selected
transactions within the product type, disregarding all other relevant transactions.
3. Articles 1 and 9.3, of the Anti -Dumping Agreement and Article VI of the GATT 1994 as a
consequence of the breaches of the Anti -Dumping Agreement described in paragraphs 1.
and 2. above.
In light of the foregoing, it appears that the measures taken by Colombia to comply with the
recommendations and rulings of the panel and the Arbitrators in DS591 Colombia — Frozen Fries
are inconsistent with its obligations under the Anti -Dumping Agreement and the GATT 1994.
The measures taken by Colombia adversely affect exports to Colombia of frozen fries from Belgium,
Germany and the Netherlands and also nullify or impair the benefits accruing to the European Union
and its Member States, directly or indirectly, under the covered agreements.
The European Union reserves the right to address additional measures and claims under other
provisions of the covered agreements regarding the above matters during the course of
consultations.
The European Union looks forward to receiving Colombi a's reply to this request and to finding a
mutually convenient date for the consultations in line with the principles included in the Sequencing
Agreement.