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

Status: Pending

Subject: Anti-Dumping Agreement, Customs Valuation Agreement, GATT 1994,

Respondent: Colombia

Complainant(s): Brazil, Honduras, United States, China, European Union, Russian Federation, Turkey, Japan, India,

Dispute Number: DS591

Link to Dispute Site:

On November 15, 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.

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

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

On July 13, 2020, Colombia and the European Union informed the DSB that they had agreed to Procedures for Arbitration under Article 25 of the DSU in this dispute. Such procedures were entered into by Colombia and the European Union to give effect to the communication JOB/DSB/1/Add.12 (“Multi-Party Interim Appeal Arbitration Arrangement Pursuant To Article 25 Of The DSU (MPIA)”) and with the objective of setting a framework for an Arbitrator to decide on any appeal of any final panel report issued in this dispute.

Following the agreement of the parties, the panel was composed on August 24, 2020. On March 31, 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, the panel did not expect to issue its final report to the parties before the fourth quarter of 2021. The Chair indicated that this was due to, amongst other reasons, the timing of the complainant's request to commence the organizational phase of the proceedings, the parties' requests for additional time to prepare submissions, as well as certain procedural and logistical challenges presented by the global COVID-19 pandemic.

On April 20, 2021, Colombia and the European Union requested the DSB to circulate to Members a revised version of the agreed Procedures for Arbitration under Article 25 of the DSU that supersede those signed by the parties on July 13, 2020.

Panel Proceedings
Brief Date Brief Description
09/24/2021 U.S. Third-Party Executive Summary
09/17/2021 U.S. Third-Party Responses to Panel Questions
07/28/2021 U.S. Third-Party Oral Statement
05/21/2021 U.S. Third-Party Submission


Article 25 Arbitration Proceedings
Brief Date Brief Description
11/15/2022 U.S. Third-Party Oral Statement 
10/27/2022 U.S. Third-Party Executive Summary
10/27/2022 U.S. Third-Party Submission