Colombia — Anti-Dumping Duties on Frozen Fries from Belgium, Germany and the Netherlands

 

Short title:	Colombia — Frozen Fries
Complainant:	European Union
Respondent:	Colombia
Third Parties (original proceedings):	Brazil; China; Honduras; India; Japan; Russian Federation; Turkey; United States
Agreements cited: (as cited in request for consultations)	Art. 1, 2.1, 2.4, 2.4.1, 2.6, 3, 3.1, 3.2, 3.4, 3.5, 3.6, 3.7, 3.8, 5.1, 5.3, 5.4, 5.8, 6.1.2, 6.2, 6.4, 6.5, 6.5.1, 6.8, 6.9, 9.1, 9.2, 9.3, 11.1, 12.2, 12.2.2, 18.1, Annex II  Anti-dumping Art. 10  Customs valuation Art. VI  GATT 1994
Agreements cited: (as cited in panel request)	Art. 1, 2.1, 2.4, 2.4.1, 2.6, 3, 3.1, 3.2, 3.4, 3.5, 3.6, 3.7, 3.8, 5.3, 5.8, 6.1.2, 6.2, 6.4, 6.5, 6.5.1, 6.8, 6.9, 9.1, 9.2, 9.3, 11.1, 12.2, 12.2.2, 18.1, Annex II  Anti-dumping Art. 10  Customs valuation Art. VI  GATT 1994
Consultations requested:	15 November 2019
Panel requested:	17 February 2020
Panel established:	29 June 2020
Panel composed:	24 August 2020
Art 25 DSU Arbitration award circulated:	21 December 2022

 

Summary of the dispute to date

 

The summary below was up-to-date at 17 February 2023 

 

Consultations

 

Complaint by the European Union

 

On 15 November 2019, the European Union requested consultations with Colombia regarding the anti-dumping duties imposed by Colombia on imports of potatoes, prepared or preserved (otherwise than by vinegar or acetic acid), frozen (frozen fries), originating in Belgium, the Netherlands and Germany.

 

The European Union claimed that the measures appear to be inconsistent with:

 

- Articles 1, 2.1, 2.4, 2.4.1, 2.6, 3.1, 3.2, 3.4, 3.5, 3.6, 3.7, 3.8, 5.1, 5.3, 5.4, 5.8, 6.1.2, 6.2, 6.4, 6.5, 6.5.1, 6.8, 6.9, 9.1, 9.2, 9.3, 11.1, 12.2, 12.2.2, 18.1 and paragraphs 3 and 6 of Annex II of the Anti-Dumping Agreement;

 

 - Article 10 of the Customs Valuation Agreement; and

 

- Article VI of the GATT 1994.

 

Panel and Appellate Body proceedings

 

On 17 February 2020, the European Union requested the establishment of a panel. At its meeting on 28 February and 5 March 2020, the DSB deferred the establishment of a panel.

 

At its meeting on 29 June 2020, the DSB established a panel. Brazil, China, Honduras, India, Japan, the Russian Federation, Türkiye and the United States reserved their third-party rights.

 

On 13 July 2020, the European Union and Colombia informed the DSB that they had agreed to Procedures for Arbitration under Article 25 of the DSU in this dispute (“Agreed Arbitration Procedures”). These procedures, which were subsequently revised on 20 April 2021, were entered into by the parties “to give effect to communication JOB/DSB/1/Add.12” (that is, the Multi-Party Interim Appeal Arbitration Arrangement Pursuant To Article 25 Of The DSU (MPIA)) and “to decide any appeal from any final panel report as issued to the parties in [this] dispute.”

 

Following the agreement of the parties, the panel was composed on 24 August 2020.

 

On 31 March 2021, the Chair of the panel informed the DSB that, taking into account the working procedures and the timetable prepared in consultation with the parties, including the parties' requests for additional time to prepare submissions, as well as certain procedural and logistical challenges presented by the global COVID-19 pandemic the panel did not expect to issue its final report to the parties before the fourth quarter of 2021.

 

On 29 August 2022, the panel, having consulted with the parties, adopted Additional Working Procedures to facilitate arbitration under Article 25 of the DSU (“Additional Working Procedures”). On the same day, the panel issued its final report to the parties and informed them that the panel report would be circulated to Members, following translation, on 19 September 2022.

 

Subsequently, the panel received a communication from Colombia requesting the panel to suspend its work in accordance with Article 12.12 of the DSU in order to facilitate arbitration under the Agreed Arbitration Procedures. According to these procedures, Colombia's request constituted a joint request by both parties. On 16 September 2022, the panel granted the request effective the same day, and determined not to circulate its final report to Members unless it was subsequently requested to resume its work within the time-period specified in Article 12.12 of the DSU.

 

Arbitration under Article 25 of the DSU

 

On 6 October 2022, Colombia filed a notice of recourse to Article 25 under the Agreed Arbitration Procedures. This notice, which the parties refer to as a “Notice of Appeal”, was circulated to the DSB on 10 October 2022. It included the full text of the final panel report transmitted by the panel to the parties, third parties and the pool of arbitrators and, absent circulation by the panel to Members, thereby made the panel report public.

 

The following is a summary of the panel report as included in Colombia's Notice of Appeal:

 

On 12 October 2022, Members were informed of the Arbitrators selected for this dispute and the election of the Chair (WT/DS591/8).

 

On 15 November 2022, the hearing in this Arbitration was held. Pursuant to procedures adopted by the Arbitrators for partial public viewing of the hearing, opening statements were video recorded for parties and third parties that waived the confidentiality of their statements. This video recording may be accessed at the following link by logging in with your WTO username and password. To register for a user name (a myWTO account), click here.

 

The final award was issued to the parties in English on 19 December 2022. On 21 December 2022, in accordance with Article 25.3 of the DSU, the award in three working languages of the WTO was notified to the DSB, the Council for Trade in Goods, and the Committee on Anti-Dumping Practices and circulated to Members.

 

Reasonable period of time

 

On 20 January 2023, Colombia informed the DSB that it intended to implement the arbitrators' award in a manner that respects its WTO obligations and that it would need a reasonable period of time to do so.