WORLD TRADE G/ADP/N/1/COL/3

12 August 2010
ORGANIZATION
(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 Anti-Dumping Agreement, the Government of

Colombia encloses herewith the text of Decree 2550 of 2010 regulating the application of
anti-dumping duties in Colombia.
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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 considering 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 World 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 production 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 update 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 international commitments regarding the application of
anti-dumping duties.
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Article 2.- Grounds for the decisions. Anti-dumping duties shall only be applied following
investigations initiated and conducted 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 shall 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 imposition 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 producers 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 injury 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;
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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 provisional measures, whose
volume and other circumstances, such as the rapid build-up of inventories, seriously
impair or could seriously impair the remedial 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 attained 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 under 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
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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 importers 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 payable 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 characteristics closely resembling those of the
product under consideration. For these purposes, the physical and chemical
characteristics, the details of the raw materials used, the manufacturing or production
process, channels of distribution, tariff classification, inter alia, may be taken into
consideration for the purposes of proving 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.
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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 there 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 reasonable basis as the authority may determine. In
calculating this price, the necessary adjustment shall be made to allow for all costs incurred prior to
sale, such as costs of transport, insurance, maintenance, loading and unloading, import duties and
other levies arising subsequent to export from the country of origin, a reasonable margin of general,
administrative and selling costs, profits and 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 ordinary 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 country, provided that it is representative, 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.
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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 quantity 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 demonstration 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 trade 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 those 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 investigating 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 comparable 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 adjustments 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 calculated on the basis of relevant information for the
period of investigation or in the light of data 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 requests 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 value, the export price and the necessary
adjustments requires a conversion of currencies, 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.
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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 and for this reason price comparison has been
affected, the investigating authority shall establish the normal value at a level of trade
equivalent to the level of trade of the reconstructed export price or shall make due
allowance for the adjustment elements provided 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 guarantees, technical assistance and other
after-sales services for the product to be exported to Colombia;

(c) the costs of commission paid in connection with the sales under consideration.
Wages paid to full-time sales personnel 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 connection with the sales in question;

(e) wages paid to full-time sales personnel shall also be deducted;

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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 the 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, failing 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 value is determined shall originate in the
substitute country. When the normal value is determined 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 material 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 effect of the dumped imports on the domestic industry
producing like goods. This shall involve an examination of the following elements:
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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 investment 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 collectively 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 between 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 time 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 productivity of the domestic industry.

First paragraph: The effect of the dumped imports shall be assessed in relation to the domestic
production of the like product when available data permit the separate identification of that production
on the basis of such criteria as the production process, 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 products 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 the dumped imports and that material injury.
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Article 17.- Threat of material injury. When an applicant considers that the request for application
of an anti-dumping duty is justified even before the injury has occurred, it shall be based on facts and
not merely on allegation, conjecture or remote possibility. 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, including 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 contract. 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 imminent, substantial increase in, capacity of the

exporter, indicating the likelihood of a substantial 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 consideration 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 likely increase demand for further imports;
and

4. Inventories of the product under consideration 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 into 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 the 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 expansion 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 imports and the actual and potential output of
the project.

4. The volume of domestic production compared to the size of the domestic market.
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First paragraph: No one of these factors by itself can necessarily give decisive guidance. Specific
facts shall be put forward in order to sustain claims 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 elements, an evaluation of all the relevant economic
factors and indices in subparagraphs 1, 2 and 3 of this Article.

Article 19.- Cumulative assessment of the injury 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 relation 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 consideration from each country is not negligible;

(b) the cumulative assessment of the effects of the imports is appropriate in the light of
the conditions of competition between the 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 this Decree shall be examined with reference to a
period comprising the three years preceding the submission of the application.

With regard to threat of injury, the examination period shall be that indicated in the preceding
paragraph, unless the domestic producers show that this period is not relevant.

In order to assess the injury, the information shall be submitted in detail, preferably broken
down into half-yearly periods.

CHAPTER III

Domestic industry

Article 21.- Concept. For the purposes of this Decree, the term "domestic industry" shall be
interpreted as referring to domestic producers as a whole of like products or to those of them whose
collective output of the products constitutes a major proportion of the total domestic production of
those products.

For the purposes of initiating an investigation, an application shall be considered to have been
made by or on behalf of the domestic 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 either support for or opposition to the application.
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In the course of the investigation and solely for the purposes of authentication, if some
producers are related to exporters or importers in conformity with 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 investigation conducted or are themselves importers of the
product under consideration, this term may be interpreted as referring to the remaining producers.

No investigation shall be initiated when 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 percentage of support and opposition other than that
mentioned by using statistically valid sampling techniques.

Paragraph: In exceptional circumstances, the national territory may, for the production in question,
be divided into two or more competing markets and the producers within each market may be
regarded as a separate industry if the producers within 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 injury 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 the domestic industry. The investigating authority may initiate the
procedure upon a written application by or on behalf of the domestic industry if it considers it has
suffered injury from imports of like products at dumping prices effected not earlier than six months
and not later than 12 months prior to the application.

In special circumstances, the investigating authority may undertake an investigation ex officio

if there is sufficient evidence submitted by the domestic producers affected or concerned and
reasonably available to them that enables the existence 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 product 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.
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Likewise, the application shall be drawn up in accordance with the requirements laid down in
the manual provided by the Trade Practices Sub-Directorate, using the forms and attaching the
information and evidence required therein. This documentation shall be submitted 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 submitted 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 producers 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 consideration 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 importers, 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 appropriate, 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.
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9. An offer to submit the corresponding documents to the authorities for verification of

the information supplied, and to authorize 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 documentation, 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 representation of legal persons appearing among the
applicants.

First paragraph: The application shall be accompanied by two copies, one to be placed in the public
file and the other for the confidential file. Likewise, 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 Article, as well as the completed forms and
the evidence and information required therein, may 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 necessary 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 considered to have withdrawn the application and the
information supplied shall be returned to the applicant.
Article 26.- Evaluation of the grounds for the application 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 acceptance to evaluate, as far as possible, the accuracy and adequacy of
the information and evidence provided and to decide whether there are grounds to initiate an
investigation.
At this stage, the investigating authority 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 notifications to the known domestic producers or
associations, which within five days from the 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.
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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 retardation and a causal link between these elements.

Paragraph: For the purposes of establishing 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 period 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 initiating an investigation, it shall adopt a reasoned
resolution to that effect to be published in the Official 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 interested 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 return 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 justified 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 replies shall be accompanied by two copies, one to be
placed in the public file and the other in the confidential 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, interested parties may request that these goods be
specifically excluded by the investigating authority in the preliminary or final stages of the
investigation, provided that due proof is given.

Paragraph: The dispatch and receipt of replies to questionnaires by the interested parties mentioned
in this Article may be sent electronically in accordance with the guidelines drawn up for this purpose
by the investigating authority.
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Article 30.- Acceptance of the application by foreign 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 country, 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 investigation, the Foreign Trade Directorate shall, in
a reasoned resolution, announce the preliminary results of the investigation and, where appropriate,
shall order the imposition of provisional duties. The 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, the Foreign Trade Directorate may, ex officio or at
the request of an interested party, extend the period indicated for the preliminary determination by up
to 30 calendar days.

Paragraph: Documentation and information received within 15 days preceding the expiry of the
time-limit for the adoption of the preliminary determination, including any extension, may not be
considered at this stage, but will in any event 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. Oral 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 preliminary 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 final recommendation by the Trade Practices Committee.

The investigating authority may order the examination 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 justification, to meet with the investigating authority
throughout the period of the investigation. The investigating 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 into account any problems that may be faced by
interested parties, in particular small enterprises, in presenting the information requested and shall
provide them with any assistance practicable.
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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 considers relevant at any time during the conduct of the
investigation or prior to the commencement 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 shall be informed of the general nature of the
information to be verified, as well as any other information which, in the view of the investigating
authority, should be provided.

The foregoing shall not prevent the investigating 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 investigated 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 any 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 shall 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 conducted 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 Government 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 demonstrated a legitimate interest in the investigation may request the
holding of a hearing of interested parties representing 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 holding 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 shall not place any interested party under an
obligation to attend and failure to do so shall 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.
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The investigating authority shall only take into account the arguments put forward in the
course of the hearing if they are reproduced in writing 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 within a reasonable period or significantly impedes
the investigation, preliminary and final determinations, 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 determination and shall give a reasonable time for the submission of further
explanations. If the authority considers that the explanations are not satisfactory, it shall explain the
reasons for which it has rejected the evidence or information in the determinations published.

Article 37.- Arguments. Within 15 days following the expiry of the period for the examination of
evidence, interested parties participating in the investigation shall be given an opportunity to submit
their arguments and views concerning the investigation 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 the 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 form 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, the meeting may be suspended for the length of time
considered necessary.

Once the Trade Practices Committee has given its opinion on the results of the investigation,
the Trade Practices Sub-Directorate shall, within the following three days, send the interested parties
participating in the investigation a document containing the essential facts which form the basis for
the decision whether to apply definitive measures so as to enable them, within a period of ten days, to
provide the Committee with their comments in writing. These comments may only refer to facts or
circumstances put forward before the expiry of the 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 consider 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 the preceding Article, the Foreign Trade Directorate
shall adopt the appropriate decision in a reasoned resolution.

This resolution shall be published in the Official Journal. Within seven days following its
publication, a copy shall be sent to the Member country 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 drawn up by the investigating authority for this
purpose.
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Article 40.- Technical information meetings. The investigating authority shall hold technical
information meetings with interested parties which so request, within three days from the day
following publication of the preliminary and final resolutions in the Official Journal. Technical
meetings shall primarily be for information and their purpose shall be to explain the method used in
determining the margins of dumping, as well as the injury or threat of injury or retardation and the
arguments concerning causality. Prior to the meeting, interested parties may formulate in writing
questions which they consider relevant 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 application for the imposition of provisional or definitive
measures before the Foreign Trade Directorate has 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 foregoing 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 confidential basis. Such documents shall be treated as
confidential in accordance with the provisions of the Political Constitution and other relevant
regulations and may only be inspected by the competent authorities.

Persons who provide confidential documents 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 reasonable understanding of the substance of the information
submitted and shall be in the form of an indication 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 information is not susceptible of summary. If the
investigating authority considers that the documents 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.
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Paragraph: When, pursuant to this Article, documents are provided as confidential and
non-confidential summaries are not supplied, or the 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 import found to be causing or threatening to cause
material injury to the domestic industry or materially 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 during 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 participate 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 causing injury to the domestic industry and deems that
such measures are necessary to prevent injury 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, examine 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.
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The aforementioned resolution shall be published 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 and 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 pay the respective duties or provide the National
Revenue and Customs Directorate (DIAN) with security for payment. The security shall be provided
for the term indicated in the resolution adopting the duty and in accordance with 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 dumping 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 interests 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 already made, in the following circumstances:

1. If injury is caused by massive dumped imports, 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 resolution to initiate the investigation.

2. If there is non-compliance with the price 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 investigation and the date of imposition of provisional
measures, relative to the trend in imports over a period 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 injury 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 apply to products entered for consumption not
more than 90 days prior to the date of application of provisional measures when it is determined, in
relation to the dumped product under consideration, 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 the remedial effect of the definitive anti-dumping
duty to be applied, provided that interested importers have been given an opportunity to put forward
the comments they deem relevant.
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Article 52.- Application and duration of definitive anti-dumping duties. An anti-dumping duty
shall remain in force for a maximum period of five years, unless the causes which gave rise to it
persist.

The National Revenue and Customs Directorate (DIAN) shall apply the anti-dumping duties
in accordance with the legal provisions and the resolution imposing the duties, as well as the rules
concerning collection of duty, the provision of security, 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 other than the imposition of the anti-dumping duty, and
where there is evidence that the remedial 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 such parts or components in Colombia is a

like product to that subject to definitive duties.

4. There is evidence of dumping of the product 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 substantially from the moment of initiation of the
anti-dumping investigation or just before its initiation.
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6. The parts account for 60 per cent or more of the total value of the parts of the
assembled product. Nevertheless, circumvention 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 meets 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-Directorate, which may request an opinion from the
customs authorities prior to or in the course of initiating 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 undertaking 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 duties 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 Sub-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 corresponding excess amount to be refunded, following
the procedure indicated for reviews for changes 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.
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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 proving 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 two 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 changes 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 Revenue 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 the 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 revise 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.
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Offers shall not be considered when they do not include the provision of information and an
authorization to carry out the verifications which the investigating authority deems necessary to verify
that such offers are being met or when they offer quantitative restrictions.

The Foreign Trade Directorate, on the recommendation of the Trade Practices Committee,
subject to evaluation by the Trade Practices Sub-Directorate, 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, the 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 period 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 Committee to inform it of the respective terms and
comments and to make its recommendations in this respect.

The Trade Practices Committee shall submit a recommendation to the Foreign Trade
Directorate on the price undertakings so that the 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 investigation and have supplied their address.

In the resolution, the Foreign Trade Directorate shall also stipulate that, if the producer or
exporter which made the undertaking fails or refuses to provide periodic information relating to the
fulfilment of the undertaking, it may order the immediate application of provisional duties, on the
basis of the best information available, without prejudice to continuing the investigation 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 making 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 cases, the Foreign Trade Directorate may require that
the undertaking be maintained for a reasonable period.

In the event that an affirmative determination is made, the resolution shall order the
maintenance of price undertakings consistent with their terms and the provisions of this Decree.
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CHAPTER VIII

Review and examination of anti-dumping 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 that at least one year has elapsed since the imposition
of the definitive anti-dumping duties or the acceptance 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 sufficient 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 circumstances 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, and 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 dumping which it is intended to remedy, as well as the
likelihood of the injury continuing or recurring if the duty were removed or modified or acceptance of
the price undertaking was terminated.

Article 64.- Five-year review. Notwithstanding the foregoing 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 substantiated 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 the resolution accepting the price undertakings should
be extended.
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If, as a result of the review, it is concluded that 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 investigation, if the latter has been suspended.

Article 66.- Review to determine anti-dumping duties for new exporters and producers. The
investigating authority, at the request of an exporter 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 related 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 should be imposed on the exports of the said
producers or exporters and their individual margins of dumping. If the decision is affirmative,
anti-dumping duties may also be imposed retroactively, 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 Correspondence Office in the Ministry of Trade, Industry and
Tourism or to the Departmental Directorates or Service Points of the Foreign Trade Directorate. In
the latter case, the application shall be considered to have been submitted 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 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 order to offset the dumping and/or prevent
injury;
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(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 concerning production, sales, inventories, prices

and profits and on the plant capacity and employment. This information shall be
submitted in accordance with the legislation 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 confidential information and a non-confidential

summary thereof. If it is claimed that such 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 determination 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 value 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 Directorate 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 conducted 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.
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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 evidence, 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 the period for examining evidence. For this purpose
and with regard to the time-limit and submission 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 investigating authority, on the basis of the evidence and
information provided or the best information available, shall draw up a technical report bringing to an
end the review or examination for which this Chapter provides. The report shall contain the findings
and conclusions with respect to the relevant questions of fact and law.
The report concluding the review or examination shall recommend the maintenance,
modification or removal of the definitive anti-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 the 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 special 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 maintaining 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 protection 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 change of circumstances and five-year reviews

Article 79.- Determination of the likelihood of continuation or recurrence of injury. In

examinations and reviews carried out in accordance with the provisions of the preceding Chapter, the
investigating authority shall determine whether there is a likelihood that the removal of a duty
imposed or the termination of acceptance of a price undertaking will lead to the continuation or
recurrence of material injury within a reasonably foreseeable period.
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For this purpose, the investigating authority 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 effects 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 shall 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 terminated. 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 undertaking, 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 authority shall take into account 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, productivity, return on investment and utilization of
capacity; negative effects on cash flow, inventories, 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 derivative 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 within a reasonably foreseeable period of time, if the
definitive duty is removed or the price undertaking 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 removal 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 been 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.
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TITLE III

IMPOSITION OF ANTI-DUMPING DUTIES 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 merely on the basis of proof of the existence of
dumping. For this purpose, consideration shall be given to whether in the country of origin evidence
of injury would be granted to Colombian exports.

The applicant shall provide the information referred 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 the 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 criteria 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 made 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 existence of grounds for initiating a dumping investigation
into imports of products from countries covered by this Title if it finds that the applicants account for
25 per cent of domestic production of the like product 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 imports 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.
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Once the investigation has been initiated, the investigating authority shall make the
non-confidential documents available to all interested 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, foreign 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 remove the duty imposed if they have evidence
showing that there is no need to maintain it.

TITLE IV

IMPOSITION OF ANTI-DUMPING DUTIES ON IMPORTS FROM COUNTRIES

NON-MEMBERS OF THE WORLD TRADE ORGANIZATION (WTO)
WITH WHICH COLOMBIA HAS 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 respective 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 evaluations 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 investigation 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.
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5. The time-limits given to investigated countries 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 explanations concerning the preliminary and definitive
determinations of dumping, injury and the causal link. 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 reports, the following shall be indicated:

1. The names of the suppliers or the 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 determination 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 may 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 National Revenue and Customs Directorate (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 any 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 procedure 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) copies of resolutions determining the application
of provisional or definitive anti-dumping duties or modifying or suspending those already established.

Article 99.- Responsibilities. For the purposes of this Decree, the Trade Practices Committee, the
Foreign Trade Directorate and the Trade 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 conducted by the Trade Practices Sub-Directorate
in the course of the investigation, the imposition, removal, extension or modification of
definitive anti-dumping duties and the termination of price undertakings.

It is also the Committee's responsibility to authorize extensions of the time-limits for

conducting and concluding investigations, where justified. This latter responsibility shall
include the possibility of authorizing an extension additional to that specified in this Decree
for the periods for preliminary and final determinations.
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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 closely 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 mentioned 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 Trade 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 investigations 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.
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Investigations under way with preliminary determinations 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

__________