Mexico
Answer ... These include:
- the Foreign Trade Law;
- the Customs Law;
- the General Rules and Standards Applicable to Mexican Foreign Trade Matters; and
- the General Import and Export Tax Law.
Mexico
Answer ... The Ministry of Economy, through the International Trade Practices Unit (UPCI), is responsible for all stages of trade remedy investigations (anti-dumping, subsidies and safeguards). In other words, the UPCI issues both dumping and injury determinations.
Before issuing a final determination, the Ministry of Economy must submit its determination to the Foreign Trade Commission, an inter-ministerial and advisory body responsible for issuing non-binding opinions. The minister of economy signs all final determinations and orders, which are subsequently published in the Official Gazette of the Federation. The Customs Administration is responsible for collecting anti-dumping duties and enforcing countervailing measures.
Mexico
Answer ... The Ministry of Economy, through the UPCI, issues both dumping and injury determinations and submits them to the Foreign Trade Commission. The Customs Administration is responsible for collecting anti-dumping duties and enforcing countervailing measures. Both bodies are very vigorous in enforcing trade remedy matters.
Mexico
Answer ... Investigation procedures regarding unfair international trade practices and safeguard measures will be initiated:
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ex officio in special circumstances where the Ministry of Economy has sufficient evidence of:
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- price or subsidy discrimination; or
- damage; or
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at the request of a party. The request of a party may be submitted by legally constituted organisations, individuals or legal entities that produce:
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- identical or similar goods to those that are being imported or intended to be imported under conditions of unfair international trade practices; or
- in the case of safeguard measures, merchandise that is identical, similar or directly competitive to that which is being imported in such quantities and under such conditions that it is causing serious injury or threat of serious injury to the domestic industry.
- Applicants must represent at least 25% of the total production of the identical, similar or directly competitive merchandise produced by the domestic industry.
- In the corresponding request, arguments that support the need to apply compensatory quotas or safeguard measures must be submitted in writing to the Ministry of Economy and stated under oath.
Mexico
Answer ... It is difficult to estimate how long it takes to negotiate trade remedies. This usually depends on economic and political factors, as well as on the number of participating countries.
Mexico
Answer ... See question 4.4.
Mexico
Answer ... Determinations that impose or deny the imposition of anti-dumping and countervailing duties can be challenged in court. However, the complainant must first challenge the final determination before the Ministry of Economy before seeking redress before the Federal Court of Administrative Justice (FCAJ).
The first administrative appeal must be filed within 30 business days of publication of the final determination. Only the claimant(s) and the Ministry of Economy intervene in the administrative appeal process. The Ministry of Economy has three months to resolve the administrative appeal. If the ministry fails to do so, the final determination is presumed to be confirmed.
After the ministry issues a decision (or if it fails to do so within three months), the claimant can file a judicial appeal before the FCAJ. The Specialised International Trade Court of the FCAJ will conduct all court proceedings, such as:
- admitting the claim; and
- summoning parties and third parties (ie, parties with opposite interests to those of the claimant).
Once all procedural steps have been completed, the Specialised International Trade Court will remit the case to one of the two Superior Chambers of the FCAJ, which will issue the decision.
The judgment of the Superior Chamber can be appealed through an amparo action before a Collegiate Circuit Court of the Judicial Branch. As a result of a recent Supreme Court precedent, the specialised Circuit Court of Antitrust and Telecommunications has jurisdiction to hear trade remedy amparos.
Mexico
Answer ... Businesses must comply with trade restrictions, including export and import control measures, as these are published in the Official Gazette of the Federation and are therefore subject to mandatory compliance. In case of doubt, a business should submit an information request to the competent authority. Businesses are advised to maintain a department or person in charge of regulatory compliance.
In addition, businesses should consider implementing an ‘integrity policy’, as defined in the General Law of Administrative Liabilities. An integrity policy is an organisational, best practices, human resources and whistle-blower manual. When a company with an integrity policy engaged in corruption matters relating to import-export regulations, the Anti-corruption Authority must take into account the integrity policy when imposing sanctions, which may reduce the level of the fine or sanction.
Anyone that enters Mexico with prohibited goods or removes prohibited goods from Mexico commits an offence and is liable to:
- a fine of between 70% and 100% of the commercial value of the goods; and
- where applicable, forfeiture of the goods in favour of the Federal Treasury (Customs Law).
Additionally, criminal smuggling can be prosecuted under Article 102, Section III of the Tax Code and is subject to three to nine years’ imprisonment, regardless of the imposition of monetary sanctions. Legal persons can also be subject to criminal penalties, including:
- suspension of activities;
- closure of branches; or
- a prohibition against conducting activities.
Exporters that fail to comply with export regulations cannot obtain customs clearance for the export of their products.
Administrative penalties may be imposed on exporters that:
- forge or alter documents; or
- fail to provide information on matters relating to origin, licences and quotas.
These penalties may amount to twice the value of the goods.
An exporter that fails to comply with export regulations may also be subject to criminal sanctions, including for failure to comply with environment-related measures. For example, a party that exports protected wildlife animals or their parts without complying with the relevant export regulations may be sentenced to between one and nine years’ imprisonment.