ARTICLE
29 August 2019

IMMEX Highlights: NAFTA Implications On IMMEX Operations

FL
Foley & Lardner
Contributor
Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives and challenges. We work hard to understand our clients’ issues and forge long-term relationships with them to help achieve successful outcomes and solve their legal issues through practical business advice and cutting-edge legal insight. Our clients view us as trusted business advisors because we understand that great legal service is only valuable if it is relevant, practical and beneficial to their businesses.
Under an IMMEX Program, a company may temporarily import materials and assets into Mexico to be used in the production of final products to be exported, or in rendering export-related services with certain benefits.
Mexico International Law
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Under an IMMEX Program, a company may temporarily import materials and assets into Mexico to be used in the production of final products to be exported, or in rendering export-related services with certain benefits. 

IMMEX authorized companies may, as a general rule, import raw materials and take advantage of benefits such as the exemption from the payment of import duties, preferential fixed customs processing fees, and when applicable, an exemption in the payment of countervailing duties.

However, it is worth noting that in accordance with the North American Free Trade Agreement (NAFTA), when importing materials originating from non-NAFTA countries (non-NAFTA materials) to incorporate into final products to be exported to NAFTA countries, the exemption from the payment of import duties is restricted. 

According to NAFTA, duties upon the importation of non-NAFTA materials (even under an IMMEX program) must be paid, but may be deferred until the moment of the exportation of the final product or within 60 days after the date of exportation.

Under NAFTA provisions, duties could be reduced or exempt in an amount not exceeding the lesser of: (i) the custom duties to be paid on the imports into Mexico, or (ii) the custom duties payable in the NAFTA country upon the importation of the finished goods (Lesser of the two rule). Under this rule, it is most likely that duties to be paid in Mexico will not be reduced nor exempt since for almost all the cases no duties will be paid upon the importation of final products to the United States of America or Canada.

It is worth mentioning that under the applicable law in Mexico, for purposes of calculating the amount to be paid upon the importation of non-NAFTA materials incorporated into finished products to be exported to other NAFTA countries, IMMEX exporting companies may apply preferential duty rates under other free trade agreements entered into by Mexico or those established in other Mexican trade facilitation programs (i.e.: Sectorial Promotion Programs), instead of applying the general import duty rates (most favored nation rates).

As a final consideration, please note that if the final products are exported to countries other than NAFTA countries, NAFTA restrictions will not be applicable and consequently no duties shall be paid upon the temporary importation into Mexico of non-NAFTA materials.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
29 August 2019

IMMEX Highlights: NAFTA Implications On IMMEX Operations

Mexico International Law
Contributor
Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives and challenges. We work hard to understand our clients’ issues and forge long-term relationships with them to help achieve successful outcomes and solve their legal issues through practical business advice and cutting-edge legal insight. Our clients view us as trusted business advisors because we understand that great legal service is only valuable if it is relevant, practical and beneficial to their businesses.
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