How can a Colombian manufacturer challenge anti-dumping duties imposed by another country?
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Grupo Devoument Abogados
Grupo Devoument Abogados
A Colombian company that faces anti-dumping duties abroad has four legal avenues, depending on where the measure was imposed:
1. Domestic appeal in the importing country. Every country with anti-dumping laws must provide a domestic review or appeal mechanism. The manufacturer can request: Administrative Review. Show that prices, costs, or export volumes changed. Present audited financial records, cost structures, invoices, and trade data. Request recalculation of the anti-dumping margin. Judicial Review. If the administrative authority denies relief, the company can sue before: A trade court. An economic appeals tribunal Or the administrative court of that country. Example: United States → U.S. Court of International Trade European Union → European General Court
2. WTO Dispute Settlement (Estado vs. Estado). A private Colombian company cannot sue at the WTO, but Colombia (the State) can request consultations if: The investigation violated WTO Anti-Dumping Agreement rules There was lack of transparency, biased calculation, or no injury to domestic industry. Steps: Request consultations at the WTO. If no resolution → WTO dispute panel Possible appeal to the Appellate Body If Colombia wins → the importing country must remove or modify the duty. This requires diplomatic and legal coordination with: MinCIT (Ministerio de Comercio, Industria y Turismo) Dirección de Comercio Exterior Embajada en el país denunciado.
3. Bilateral or regional trade agreement mechanisms. If duties were imposed by a country with a treaty with Colombia (TLC, FTA, CAN, Mercosur, etc.), the company can ask the Colombian government to activate: Dispute resolution chapter, Joint committee consultations, Technical panels. Often these are faster and less political than a full WTO case.
4. Price Undertakings (“Compromiso de precios”). The exporter can negotiate directly with the foreign authority: Adjust minimum export price, Modify distribution structure, Change commercial terms. If accepted, duties can be suspended or eliminated without litigation. Final conclusion. Legally: You can file defenses and data without an attorney. Practically: Companies almost always need one to avoid mistakes, negotiate, and get duties reduced or eliminated.
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