U.S. Dairy Export Council Questions Transparency in Mincomercio Investigation
n a recently submitted memorandum, USDEC criticized key aspects of the investigation, particularly the lack of transparency and limited access to the public case file. “This lack of procedural safeguards undermines the right to a fair defense by keeping the arguments of the Colombian industry secret,” the Council stated.
Investigation Under Resolution 192
The investigation, initiated on July 3, 2024, under Resolution 192, seeks to determine whether U.S. powdered milk imports have received subsidies that harm Colombia’s domestic industry. In September 2024, Mincit imposed a provisional tariff of 4.86% on these imports, a measure set to remain in effect until January 16, 2025.
Since the investigation began, U.S. exporters have questioned Mincit’s actions. According to Simón Hernández, a consultant for USDEC, “The investigation was initiated ex officio without meeting the necessary standards and has been conducted with confidentiality practices that contradict Colombia’s tradition of ensuring due process in such cases.”
Concerns Over Evidence-Gathering Process
A key point of contention is the evidence-gathering phase, regulated by Resolution 322 issued on October 28, 2024. Originally scheduled to run until January 30, 2025, this phase was abruptly closed on December 13, 2024, with Mincit claiming that the evidentiary objectives had been met. This sudden change disrupted the defense teams' planned schedules.
USDEC also highlighted the lack of real-time updates to the public case file, a critical tool for ensuring the right to defense and rebuttal. “Adhering to Article 41 of Law 1437 of 2011, which mandates an up-to-date public case file, is essential for guaranteeing a fair and transparent process,” the Council emphasized.
Implications and Future Outlook
USDEC urged Mincit to uphold Colombia’s international commitments, including those under the U.S.-Colombia Free Trade Agreement and the World Trade Organization. The Council reaffirmed its commitment to working collaboratively with Colombian market stakeholders to promote dairy consumption and sustainability while ensuring fair competition.
This case highlights the delicate balance between protecting domestic industries and respecting the rights of international trade partners, a critical issue in today’s increasingly interconnected global economy.
