New free trade agreements
Amendments to Foreign Trade Rules 2011 and exhibits

Amendments to export control forms and activities subject to export control permits
Anti-dumping duties


New free trade agreements

During the Senate's last session of 2011, held on December 15 2011, the free trade agreement between Mexico and Peru was approved by a slim majority of 55 to 47. The agreement with Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua was unanimously approved.

Amendments to Foreign Trade Rules 2011 and exhibits

On December 6, 15, 27 and 30, amendments were published to the Foreign Trade Rules 2011, including amendments to Exhibits 1, 2, 22, 24 and 29. These amendments provide customs guidelines for IMMEX companies(1) and certified IMMEX companies. In particular, they state that the consideration due to industrial associations or chambers authorised to render services in connection with the pre-validation of electronic data contained in import/export summaries or pedimentos (ie, the official import or export documents) is increased from Ps190 to Ps205 (plus value-added tax). This obligatory service is important because it allows importing or exporting companies to verify the data contained in a pedimento before customs dispatch, thereby reducing the possibility of rejection by Mexican Customs.

Amendments to export control forms and activities subject to export control permits

On December 13 2011 the forms used for applications to the Ministry of the Economy and other governmental bodies were amended to include Items 55 and 56. These items refer to statements of use and end user (Item 55), and the application for an export control permit (Item 56), in connection with conventional arms, dual-use goods, software and related technologies.

On this same date, the resolution that governs the need to apply for an export control permit for conventional arms, their parts and components, dual-use goods, software and related technologies was amended in order to supplement and specify certain information regarding the extent and applicability of several of the tariff items that are identified as being subject to an export control permit, thereby providing interested parties with greater legal certainty.

Anti-dumping duties

On December 16 2011 a preliminary determination was issued in the second administrative review of anti-dumping duties imposed on the import of agaric mushrooms from China, exported by Calkins & Burke Limited. These goods are classified under Tariff Item 2003.10.01 of Mexico's Harmonised Tariff Schedule. The proceedings continue, although the duties have been amended from $0.1809 to $1.28 per net kilogram.

On December 30 2011 a preliminary determination was issued in the anti-dumping investigation on imports of radio guide coaxial cable, with or without messenger, from China. These goods are classified under Tariff Items 8544.20.01, 8544.20.02 and 8544.20.99 of Mexico's Harmonised Tariff Schedule. The proceedings continue, with temporary duties imposed on goods manufactured and exported by Risingsun (312.85%), Chuangmei (343.42%) and all other exporters (343.42%).

For further information on this topic please contact Adrián Vázquez, Horacio A López-Portillo, Eduardo Zepeda or Veronica Vázquez Bravo at Vázquez Tercero y Asociados by telephone (+52 55 5534 36 36), fax (+52 55 5534 91 95) or email ([email protected], [email protected], [email protected] or [email protected]).

Endnotes

(1) Companies under the Decree for the Promotion of Manufacturing, Maquiladora and Export (IMMEX).