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Antidumping Procedure in Mexico

Patricia

By: Andrea Mendoza Molina

In accordance with the provisions established by the World Trade Organization (WTO), also known as Organización Mundial de Comercio (OMC), dumping is defined as “a situation of international price discrimination.” This means that the selling price of a product in an importing country is lower than the selling price in the exporting country. Dumping is determined by comparing prices in two markets through a series of complex analyses to establish the appropriate price in the exporting country's market (normal value) and the appropriate price in the importing country's market (export price).

The Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 of the WTO (Acuerdo Relativo a la Aplicación del Artículo VI del Acuerdo General Sobre Aranceles Aduaneros y Comercio de 1994, “Anti-Dumping Agreement”) sets the basis for determining the existence of dumping, evaluating the damage caused, and providing guidelines for the initiation and investigations to establish the existence, degree, and effects of alleged dumping.

In Mexico, the Ministry of Economy (Secretaría de Economía) is responsible for determining the existence of dumping through an investigation in accordance with the administrative procedure provided for in the Foreign Trade Law (Ley de Comercio Exterior) and its regulatory provisions. If the existence of dumping is confirmed, antidumping duties are applied to goods imported under conditions of price discrimination or subsidies in their country of origin.

Antidumping duties, in the case of price discrimination, are equivalent to the difference between the normal value and the export price, and in the case of subsidies, to the amount of the benefit. These duties can be provisional or definitive.

The Ministry of Finance and Public Credit (Secretaría de Hacienda y Crédito Público) is responsible for collecting the duties from individuals or entities that are obligated to pay them.

In recent months, several resolutions and notices related to antidumping duties have been published in the Mexican Official Gazette (Diario Oficial de la Federación), among which is the publication of the notice of the elimination of the definitive antidumping duties imposed on imports of steel plate in sheet form originating in the Italian Republic and Japan.

References:

https://www.wto.org/spanish/tratop_s/adp_s/adp_info_s.htm

http://www.ccpci.economia.gob.mx/swb/es/upci/p_doce_contenido1

https://www.wto.org/spanish/docs_s/legal_s/19-adp.pdf

https://www.snice.gob.mx/cs/avi/snice/drrnas.cuotascomp.acercade.html#:~:text=Las%20cuotas%20compensatorias%20se%20establecen,o%20exportadores%20del%20pa%C3%ADs%20exportador.

https://www.diputados.gob.mx/LeyesBiblio/pdf/28.pdf

https://www.dof.gob.mx/nota_detalle.php?codigo=5725052&fecha=30/04/2024#gsc.tab=0

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