DISPUTE SETTLEMENT: DISPUTE DS461

Colombia — Measures Relating to the Importation of Textiles, Apparel and Footwear


This summary has been prepared by the Secretariat under its own responsibility. The summary is for general information only and is not intended to affect the rights and obligations of Members.

  

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Short title:
Complainant:
Respondent:
Third Parties:
Agreements cited:
(as cited in request for consultations)
Request for Consultations received:

  

Summary of the dispute to date  back to top

The summary below was up-to-date at

Consultations

Complaint by Panama.

On 18 June 2013, Panama requested consultations with Colombia with respect to the imposition by Colombia of a compound tariff affecting the importation of textiles, apparel and footwear from Panama. The measure at issue is a compound tariff that Colombia has allegedly imposed by Presidential Decree No. 074 of 23 January 2013 (Decree 074/2013). Panama claims that this measure at issue is contained in:

  1. Decree 074/2013;
     
  2. Decree 1497/2011 as regards the definition of the products covered by the nomenclature of Chapters 61, 62, 63 and 64 of the Tariff Schedule; and
     
  3. Memorandum No. 000165 of 30 April 2013 from the Customs Management Department of the Directorate of National Taxes and Customs on “measures to control compliance with Decree 074 of 2013”.

Panama claims that the measure at issue is inconsistent with:

  • Articles II:1(a), II:1(b), VIII:1(a), and X:3(a) of the GATT 1994.

On 28 June 2013, Guatemala requested to join the consultations. On 19 August 2013, Panama requested the establishment of a panel. At its meeting on 30 August 2013, the DSB deferred the establishment of a panel.

 

Panel and Appellate Body proceedings

At its meeting on 25 September 2013, the DSB established a panel. China, Ecuador, El Salvador, the European Union, Guatemala, Honduras and the United States reserved their third-party rights.  Subsequently, the Philippines reserved its third-party rights. On 20 December 2013, Panama requested the Director-General to compose the panel. On 15 January 2014, the Director-General composed the panel. On 4 November 2014, the Chair of the panel informed the DSB that the start of the panel proceedings was deferred owing to the unavailability of senior Secretariat lawyers.  The panel expects to issue its final report to the parties in August 2015 at the latest.

 

 

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