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Trade remedies in Colombia: anti dumping investigations, provisional and definitive duties, sunset reviews and penalties for not paying them
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Last verified: 2026-10-26 · Status: Stable
Colombia's anti dumping rules, set out in Decreto 1794 de 2020 under the WTO Anti Dumping Agreement, let the domestic industry ask the Ministry of Commerce to investigate imports sold below normal value that cause or threaten material injury. The petition must be backed by producers with more than 50 percent of the output of those taking a position, margins below 2 percent are de minimis, and a preliminary determination comes two months after opening. Provisional duties last up to 4 months as a rule, definitive duties expire after five years unless a sunset review extends them, and importers that fail to pay them are fined 40 percent of the unpaid duties.
USD figures use the TRM (tasa representativa del mercado) of COP 3,158.43 per US dollar, valid 24 to 26 October 2026, from the official TRM series certified by the Superintendencia Financiera and published on the national open data portal. Amounts in UVT use the 2026 UVT of COP 52,374 (DIAN Resolución 000238 de 2025). Conversions are for orientation only.
Key facts
| De minimis dumping margin | 2 % of export priceDecreto 1794 de 2020 art. 2.2.3.7.1.1, as of 2026-10-26 · in force |
|---|---|
| Negligible import share from one country | 3 % of imports of the like productDecreto 1794 de 2020 art. 2.2.3.7.4.1 num. 2, as of 2026-10-26 · in force |
| Share of output of producers taking a position needed to back a petition | 50 %Decreto 1794 de 2020 art. 2.2.3.7.5.1, as of 2026-10-26 · in force |
| Maximum duration of provisional anti dumping duties as a rule | 4 monthsDecreto 1794 de 2020 art. 2.2.3.7.7.3, as of 2026-10-26 · in force |
| Expiry of definitive anti dumping duties absent a sunset review | 5 yearsDecreto 1794 de 2020 art. 2.2.3.7.7.8, as of 2026-10-26 · in force |
| Fine for not paying anti dumping, countervailing or safeguard duties | 40 % of unpaid dutiesLey 2586 de 2026 art. 15 num. 15.15.2.3, as of 2026-10-26 · in force |
The rule
1. Anti dumping investigations cover imports from WTO members sold at dumped prices that cause or threaten material injury to the domestic industry, or materially retard its establishment, and are applied and interpreted in line with the WTO Anti Dumping Agreement. A margin below 2 percent of the export price is de minimis, and imports from a country are normally negligible below 3 percent of imports of the like product, unless countries individually under 3 percent together exceed the joint threshold. The dumping analysis period is normally 12 months and never less than 6 months before the petition.
Cost to do it: Preparing a petition requires price, cost and injury data and usually economic and legal advisers; there is no filing fee in the decree.
Example: A Colombian steel producer gathers 12 months of import prices and its own sales data before petitioning against imports of a specific product. / A foreign exporter with a margin of 1.5 percent of its export price falls under the de minimis threshold and the case against it ends.Decreto 1794 de 2020, adding chapter 7 to title 3, part 2, book 2 of Decreto 1074 de 2015 (Ministerio de Comercio, Industria y Turismo), Art. 2.2.3.7.1.1, art. 2.2.3.7.1.2, art. 2.2.3.7.1.3, art. 2.2.3.7.4.1 num. 2 and art. 2.2.3.7.6.1 par. 1, 2020-12-30 official text · verified 2026-10-26
Cost to do it: Preparing a petition requires price, cost and injury data and usually economic and legal advisers; there is no filing fee in the decree.
Example: A Colombian steel producer gathers 12 months of import prices and its own sales data before petitioning against imports of a specific product. / A foreign exporter with a margin of 1.5 percent of its export price falls under the de minimis threshold and the case against it ends.Decreto 1794 de 2020, adding chapter 7 to title 3, part 2, book 2 of Decreto 1074 de 2015 (Ministerio de Comercio, Industria y Turismo), Art. 2.2.3.7.1.1, art. 2.2.3.7.1.2, art. 2.2.3.7.1.3, art. 2.2.3.7.4.1 num. 2 and art. 2.2.3.7.6.1 par. 1, 2020-12-30 official text · verified 2026-10-26
2. The investigation is opened at the written request of the domestic industry or on its behalf; the request counts as made on behalf of the industry when backed by producers whose combined output is more than 50 percent of the production of those expressing support or opposition. The investigating authority evaluates merit within 15 days of filing; the Dirección de Comercio Exterior opens the case by resolution published in the Diario Oficial. Questionnaires go out within 5 days and must be returned within 30 days (extendable by 5). A preliminary determination is issued two months after the opening is published; essential facts are sent within two months of the preliminary determination, parties comment within 10 days, and after the Trade Practices Committee's recommendation the final decision is adopted within 5 days and published.
Cost to do it: Respondents bear the cost of answering questionnaires and verification visits, which may take place in the exporting country.
Example: A Colombian importer of the product under investigation registers as an interested party and answers the importer questionnaire within 30 days. / A US exporter that does not answer the questionnaire faces a duty based on the best information available, usually the petitioner's data (art. 2.2.3.7.6.15).Decreto 1794 de 2020, Art. 2.2.3.7.5.1, art. 2.2.3.7.6.4, art. 2.2.3.7.6.6, art. 2.2.3.7.6.7, art. 2.2.3.7.6.9, art. 2.2.3.7.6.16 and art. 2.2.3.7.6.17, 2020-12-30 official text · verified 2026-10-26
Cost to do it: Respondents bear the cost of answering questionnaires and verification visits, which may take place in the exporting country.
Example: A Colombian importer of the product under investigation registers as an interested party and answers the importer questionnaire within 30 days. / A US exporter that does not answer the questionnaire faces a duty based on the best information available, usually the petitioner's data (art. 2.2.3.7.6.15).Decreto 1794 de 2020, Art. 2.2.3.7.5.1, art. 2.2.3.7.6.4, art. 2.2.3.7.6.6, art. 2.2.3.7.6.7, art. 2.2.3.7.6.9, art. 2.2.3.7.6.16 and art. 2.2.3.7.6.17, 2020-12-30 official text · verified 2026-10-26
3. The Dirección de Comercio Exterior may impose provisional duties after the preliminary determination, by a resolution subject only to direct revocation, to prevent injury during the investigation. They last up to 4 months, or up to 6 months at the request of a representative share of exporters; where a duty lower than the margin is examined, 6 or 9 months. Importers may post a guarantee instead of paying. If definitive duties end up lower, the difference is refunded or the guarantee reduced; refunds of definitive duties paid in excess are decided within 90 days of the importer's request.
Cost to do it: Duty at the rate set in the resolution, on top of the ordinary tariff, or a guarantee for the same amount.
Example: An importer of COP 315,843,000 of goods subject to a 20 percent provisional duty pays or guarantees COP 63,168,600 in addition to the ordinary duty. / On a US$100,000 shipment a 20 percent provisional duty adds US$20,000, refunded in part if the definitive duty is lower.Decreto 1794 de 2020, Art. 2.2.3.7.7.3, art. 2.2.3.7.7.4, art. 2.2.3.7.8.1 and art. 2.2.3.7.8.5, 2020-12-30 official text · verified 2026-10-26
Cost to do it: Duty at the rate set in the resolution, on top of the ordinary tariff, or a guarantee for the same amount.
Example: An importer of COP 315,843,000 of goods subject to a 20 percent provisional duty pays or guarantees COP 63,168,600 in addition to the ordinary duty. / On a US$100,000 shipment a 20 percent provisional duty adds US$20,000, refunded in part if the definitive duty is lower.Decreto 1794 de 2020, Art. 2.2.3.7.7.3, art. 2.2.3.7.7.4, art. 2.2.3.7.8.1 and art. 2.2.3.7.8.5, 2020-12-30 official text · verified 2026-10-26
4. A definitive anti dumping duty expires after five years, or earlier if that is enough to remove the injury. It may be extended if a sunset review, started before expiry on the authority's initiative or at the duly supported request of the domestic industry, finds that removal would likely lead to dumping and injury continuing or recurring. Anti circumvention measures may extend duties to changes in trade patterns aimed at avoiding them.
Cost to do it: Duty continues for the extended period; interested parties bear the cost of participating in the review.
Example: A Colombian distributor should check the expiry date of a duty affecting its supplier and register in any sunset review. / A foreign producer can lose access on equal terms for another five years if a sunset review extends the duty.Decreto 1794 de 2020, Art. 2.2.3.7.7.8, art. 2.2.3.7.7.9 and art. 2.2.3.7.10.3, 2020-12-30 official text · verified 2026-10-26
Cost to do it: Duty continues for the extended period; interested parties bear the cost of participating in the review.
Example: A Colombian distributor should check the expiry date of a duty affecting its supplier and register in any sunset review. / A foreign producer can lose access on equal terms for another five years if a sunset review extends the duty.Decreto 1794 de 2020, Art. 2.2.3.7.7.8, art. 2.2.3.7.7.9 and art. 2.2.3.7.10.3, 2020-12-30 official text · verified 2026-10-26
5. Importers that do not declare and pay anti dumping, countervailing or safeguard duties that apply are fined 40 percent of the unpaid duties, on top of paying them; where several rates apply, the highest is used. The same 40 percent fine applies to imports lacking a required non preferential origin certificate when the goods do not meet the non preferential origin rule.
Cost to do it: 40 percent of the unpaid trade remedy duties, plus the duties and interest; the reductions for voluntary admission of art. 19 apply.
Example: An importer that failed to pay COP 63,168,600 of anti dumping duties owes that amount plus a COP 25,267,440 fine and interest. / Unpaid duties of US$20,000 lead to a US$8,000 fine, or US$1,600 if admitted voluntarily before a DIAN requirement.Ley 2586 de 2026 (customs sanctions), Art. 15 num. 15.15.2.2 and 15.15.2.3, 2026-06-19 official text · verified 2026-10-26 · changed: Ley 2586 de 2026, in force 19 June 2026, replaced the trade remedy fines of Decreto Ley 920 de 2023.
Cost to do it: 40 percent of the unpaid trade remedy duties, plus the duties and interest; the reductions for voluntary admission of art. 19 apply.
Example: An importer that failed to pay COP 63,168,600 of anti dumping duties owes that amount plus a COP 25,267,440 fine and interest. / Unpaid duties of US$20,000 lead to a US$8,000 fine, or US$1,600 if admitted voluntarily before a DIAN requirement.Ley 2586 de 2026 (customs sanctions), Art. 15 num. 15.15.2.2 and 15.15.2.3, 2026-06-19 official text · verified 2026-10-26 · changed: Ley 2586 de 2026, in force 19 June 2026, replaced the trade remedy fines of Decreto Ley 920 de 2023.
| Stage | Term | Article |
|---|---|---|
| Evaluation of the petition's merit | 15 days from filing | 2.2.3.7.6.4 |
| Questionnaires sent after opening | 5 days | 2.2.3.7.6.7 |
| Answers to questionnaires | 30 days, extendable by 5 | 2.2.3.7.6.7 |
| Preliminary determination | 2 months after the opening is published | 2.2.3.7.6.9 |
| Essential facts sent | 2 months after the preliminary determination | 2.2.3.7.6.16 |
| Comments on essential facts | 10 days | 2.2.3.7.6.16 |
| Final decision after the committee's recommendation | 5 days | 2.2.3.7.6.17 |
| Definitive duty expiry | 5 years, unless extended after a sunset review | 2.2.3.7.7.8 and 2.2.3.7.10.3 |
Anti dumping investigation timeline (Decreto 1794 de 2020).
Worked example
- Colombian producers representing 70 percent of the output of those taking a position petition against imports of a chemical from two countries. MinCIT evaluates the petition in 15 days and publishes the opening in the Diario Oficial (Decreto 1794 de 2020 art. 2.2.3.7.6.4 and 2.2.3.7.6.6).
- Two months later it imposes a 20 percent provisional duty. A Colombian importer with a US$100,000 shipment pays or guarantees US$20,000 on top of the ordinary duty (art. 2.2.3.7.7.3 and 2.2.3.7.7.4).
- The definitive duty is set at 15 percent; the importer's guarantee is reduced to the lower amount, and the duty runs for five years unless a sunset review extends it (art. 2.2.3.7.8.1 and 2.2.3.7.7.8).
Step by step
- 1. Monitor Diario Oficial and MinCIT notices of openings for the tariff lines you import or produce.
- 2. Register as an interested party and answer questionnaires within 30 days; ask for confidential treatment of sensitive data.
- 3. Attend the public hearing, submit evidence and arguments, and comment on the essential facts within 10 days.
- 4. Once duties are imposed, apply them in every import declaration; check country of origin and any non preferential origin certificate required.
- 5. Diary the five year expiry and participate in any sunset review.
Common traps
- Ignoring the questionnaire. The authority then decides on the best information available (Decreto 1794 de 2020 art. 2.2.3.7.6.15).
- Rerouting through third countries. Anti circumvention measures can extend the duty, and missing non preferential origin certificates are fined 40 percent of the duties (art. 2.2.3.7.7.9; Ley 2586 de 2026 art. 15 num. 15.15.2.2).
- Assuming duties end automatically at five years. A sunset review started before expiry keeps them in place while it runs (art. 2.2.3.7.10.3).
Sources
- Decreto 1794 de 2020, anti dumping regulation, DIAN legal compilation
- Ley 2586 de 2026, customs sanctions, DIAN legal compilation
- TRM official series, national open data portal
- DIAN Resolución 000238 de 2025, 2026 UVT
Related pages
- trade/importing-and-exporting
- trade/trade-agreements-and-rules-of-origin
- trade/classification-valuation-and-advance-rulings
- taxes/customs-duties
- regulation/compliance-essentials
- /country/colombia/
- /calendar/
- Live dashboard
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