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Cases involving the EU

WT/DS591 - Colombia – Anti-Dumping Duties on Frozen Fries from Belgium, Germany and the Netherlands

Last update: 03/07/2020

  • Complaint by: EU
  • Complaint against: Colombia
  • Third parties:
Summary of case:

On 15 November 2019, the EU requested consultations with Colombia on its anti-dumping duties on frozen fries from Belgium, Germany and the Netherlands. In this dispute, the EU challenges the anti-dumping duties imposed by Colombia on frozen fries from Belgium, the Netherlands and Germany. Exports of frozen fries from the three Member States to Colombia amounted to €23 million in 2016. These unwarranted duties imposed in November 2018 for a 2-year period, target almost all (85% or €19.3 million) of EU exports of frozen fries to Colombia and range from around 3% to 8% additional duty rate. The EU considers that these measures are incompatible with WTO law, both on substance and on procedure.Those measures present several systemic concerns, in particular with regard to dumping, injury, causality and procedural rights. Consultations took place with Colombia on 15 and 16 January 2020 but failed to resolve the issue.

Relevant WTO provision:

Articles 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, and paragraphs 3 and 6 of Annex II of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (Anti-Dumping Agreement), Article 10 of the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 (Customs Valuation Agreement) and Article VI of the General Agreement on Tariffs and Trade 1994 (GATT 1994).

Current situation:

On 15 November 2019, the EU requested consultations with Colombia concerning the imposition of anti-dumping (AD) duties on certain imports of potatoes, prepared or preserved (otherwise than by vinegar or acetic acid), frozen (frozen fries), originating in Belgium, the Netherlands and Germany (the countries concerned). Consultations took place with Colombia on 15 and 16 January 2020 but failed to resolve the issue. On 17 February 2020, the EU asked that the request for the establishment of a panel be placed on the agenda for the meeting of the Dispute Settlement Body to be held on 28 February 2020. The panel was established at the DSB meeting of 29 June 2020, after a three-month break in the DSB’s work due to COVID-19 pandemic.

Consultation:

Date of request: 15/11/2019

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