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Regulation Of The Law Of Trade Foreign

Original Language Title: Reglamento de la Ley de Comercio Exterior

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Regulation of the Law on Foreign Trade

FOREIGN TRADE LAW REGULATION

Published in the DOF on December 30, 1993

Last reform published in the DOF 22 May 2014

On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.

CARLOS SALINAS DE GORTARI, Constitutional President of the United Mexican States, exercising the powers conferred on me by Articles 89, Rfraction I, and 131 of the Political Constitution of the United Mexican States; and based on Articles 31 and 34 of the Organic Law of the Federal Public Administration, and 1o., 4. a 8o, 21 to 24, and 28 to 92 of the Foreign Trade Act, and

CONSIDERING

That the Foreign Trade Law is aimed at regulating and promoting foreign trade, increasing the competitiveness of the national economy, promoting the efficient use of resources The country's productive sector, properly integrating the Mexican economy with the international economy and contributing to the increase in the population's well-being;

That this regulatory framework consolidates and encaures the role of our country's foreign trade, promotes competitiveness through the policy of trade opening and gives confidence and legal certainty for economic operators related to international exchange;

That the National Development Plan 1989-1994 assigns to foreign trade a relevant role in the modernization of the economy and in raising the standard of living for all Mexicans and that the actions undertaken by the current administration in this area are a strong impetus for external trade, through appropriate mechanisms to promote openness to fair competition and the promotion of exports;

That Mexico's current stage of insertion into the world economy poses challenges of great complexity that force the country to adapt and improve its institutions and legal systems. that they govern them and, within this new scheme of world relations and permanent change, it is necessary to establish and maintain clear rules to normalize the behavior between the national and foreign economic agents, and between these and the State;

That it is necessary to develop and implement those aspects of the Foreign Trade Law concerning measures of non-tariff regulation and restriction, procedures on unfair practices of international trade, safeguard measures, determination of compensatory quotas and promotion of exports, as well as the organization and functioning of the Committee on Foreign Trade and the Joint Commission for the Promotion of Exports, I have had to issue the following

OUTER TRADE ACT REGULATION

TITLE I

PRELIMINARY RULES

ONLY CHAPTER

ARTICLE 1o.- For the purposes of this Regulation, the following definitions apply:

I. Law, Foreign Trade Act;

II. Secretariat, the Secretariat of Economics;

III. Commission, Foreign Trade Commission, and

IV. Joint Commission, the Joint Commission for the Promotion of Exports.

When this Regulation relates to time-limits, it shall be a matter of working days, and when it relates to months or years, it shall be months or calendar years.

TITLE II

OUTER TRADE COMMISSION

CHAPTER I

Structure

ARTICLO 2o.- The Commission will be composed of representatives of each of the following dependencies:

I. Foreign Secretary;

II. Secretariat of Finance and Public Credit;

III. Secretary for Environment and Natural Resources;

IV. Economy Secretary;

V. Secretary of Agriculture, Livestock, Rural Development, Fisheries and Food, and

VI. Health Secretary.

The Secretary of the Economy will invite representatives of the autonomous constitutional bodies Banco de Mexico and the Federal Commission to be part of this Commission. Economic Competition.

These representatives must be appointed by the presidents of these bodies and have an immediate lower level of hierarchy. They shall have the same rights and obligations as the members referred to in the first paragraph of this Article.

ARTICLO 3o.- The Commission will operate at two hierarchical levels, that of undersecretaries and that of CEOs.

In the sessions of undersecretaries, they will analyze, define and propose general guidelines and specific measures in the field of foreign trade. In addition, those matters which are subject to the agreement of the Commission at the level of Directors-General shall be resolved.

At the level of directors-general, the specific measures that correspond to the guidelines established at the level of undersecretaries, as well as the proposals that will be made, will be analyzed. considers it appropriate to raise the Commission at the level of undersecretaries.

ARTICLO 4o.- They will participate in the Commission at the level of undersecretaries:

I. By the Secretariat, the Assistant Secretary for Industry and Commerce, who will preside over it, and will exercise the vote that corresponds to the dependency; Foreign Trade and the Under-Secretary for Competitiveness and Standards. The President of the Commission at this level shall be replaced in his absence by the other sub-secretaries of the Secretariat in the order indicated in this section, and

II. By the other secretariats referred to in Article 2o. of this Regulation, the Deputy Secretary-designate for the corresponding dependency.

At this level he will serve as the Technical Secretary of the Commission, the Director General of Foreign Trade of the Secretariat, and in his absence, will be replaced by the Director General to be appointed by the Under-Secretary for Industry and Commerce.

ARTICLO 5o.- They will participate in the Commission at the level of CEOs:

I. By the Secretariat, the Director General of Foreign Trade who will preside over it, and exercise the vote that corresponds to the dependency; a representative with office of the Director-General attached to the Foreign Trade Secretariat and a representative of the Deputy Director-General of the Secretariat for Competitiveness and Regulations, appointed by the Deputy Secretary. The President of the Commission at this level shall be replaced by the Director-General appointed by the Under-Secretary for Industry and Commerce, and

II. By the other secretariats referred to in Article 2o. of this Regulation, a representative with the position of Director-General appointed by the corresponding dependency.

The assistance of a public servant may also be requested by the holder of the General Administration of Administration of the Administration Service Tax to serve as an adviser to the Commission on tariff classification and nomenclature. The Director General of Foreign Trade of the Secretariat shall appoint the Technical Secretary of the Commission at this level.

CHAPTER II

Sessions

ARTICLO 6o.- For the Commission to be able to session, the assistance of at least one representative of the Secretariat and the majority of the dependencies and bodies referred to in Article 2o. of this Regulation.

ARTICLE 7o.- Commission sessions may be ordinary or extraordinary. Ordinary sessions shall be convened every six months at the level of undersecretaries and every three months at the level of Directors-General. Extraordinary sessions shall be convened at any time by the Technical Secretary of the Commission to address urgent or priority matters.

ARTICLO 8o.- Sessions can only be attended by the representatives of the dependencies and are accredited to the Commission. To this end, the holders of such persons shall officially communicate to the holder of the Secretariat the names and posts of their representatives, holders and alternates, for the two levels referred to in Article 3o. of this Regulation.

In the sessions will participate as permanent guests, with voice only:

I. Consumer Federal Attorney's Office;

II. Tax Administration Service, and

III. Federal Regulatory Improvement Commission.

The holders of the decentralised body and the administrative bodies, as referred to in this Article, may appoint their representatives to the Commission and these in turn to their respective alternates, which must have an immediate hierarchical level lower in both cases. Such designations shall be communicated to the Secretary of the Economy.

When the Commission has to deal with foreign trade matters involving a specific sector, it may invite representatives of other agencies or entities from the Federal and State Public Administration.

CHAPTER III

Functions

ARTICLE 9o.- For the purposes of Article 6o. of the Law, the Commission will be responsible for issuing an opinion on the desirability of adopting the following measures, prior to their issue and during its term:

I. The establishment, increase, decrease, or removal of tariffs or tariff preferences for the export or import of goods;

II. The establishment, modification or removal of export or import bans on goods;

III. The establishment, modification or elimination of measures of non-tariff regulation and restriction on the export or import of goods, as well as procedures for their dispatch;

IV. The establishment, modification or elimination of measures to regulate or restrict the movement or transit of foreign goods from and to the outside;

V. The export or import quota allocation procedures;

VI. Setting, modifying, or removing source rules;

VII. The requirement of compliance with Mexican official standards by the customs authorities at the point of entry of the goods into the country;

VIII. The establishment of emergency non-tariff regulation and restriction measures, as provided for in Article 19 of the Act;

IX. Setting safeguard measures;

X. The establishment of customs measures affecting foreign trade;

XI. The establishment of simplification and administrative efficiency measures in foreign trade;

XII. The establishment of other administrative measures of Federal Public Administration agencies and entities that are intended to regulate or restrict the foreign trade in the country and the movement or transit of foreign goods;

XIII. Projects of final resolution in investigations into unfair practices of international trade and determination of quotas Compensation;

XIV. The draft resolutions in which the Secretariat, accepting the commitment of exporters or foreign governments, suspends or terminates an investigation in international trade unfair practices, and

XV. The criteria regarding the tariff classification proposed by the Secretariat of Finance and Public Credit under the Law of the General Tax Import and Export.

The Commission will periodically review the existing foreign trade regulation and restriction measures, such as previous permits, maximum quotas, country marking of origin, certificates of origin and compensatory quotas, in order to recommend the modifications to be made. It shall also be responsible for exercising the other functions entrusted to it by the Act, this Regulation and other applicable laws and regulations.

The measures referred to in the first paragraph of this Article shall be published in the Official Journal of the Federation.

ARTICLE 10.- On both levels, the President of the Commission will have the following functions:

I. Chair and coordinate the Commission's ordinary and extraordinary meetings, and

II. To instruct the Technical Secretary to draw up studies on the issues to be presented to the Commission.

ARTICLE 11.- On both levels, the functions of the Technical Secretary of the Commission will be as follows:

I. Call sessions and submit the order of the day with the appropriate documentation;

II. Submit to the consideration of the members of the Commission the studies and proposals to be drawn up by the Secretariat;

III. Receive and submit to the Commission the studies and proposals to be made by other competent agencies and agencies, and

IV. Develop the minutes of the sessions and collect the signatures.

ARTIC 12.- Federal Public Administration dependencies and entities may submit proposals in the field of their competence to the Commission. Such proposals shall be submitted by the Technical Secretary at least five days in advance of the date of the Commission's session in which they intend to be drowned, except in the case of extraordinary sessions being called.

CHAPTER IV

Commission Agreements

ARTIC 13.- On both levels, the Commission will issue its agreements according to the following procedure:

I. Each agreement will be taken by a majority of votes, once all the representatives and guests present have displayed their opinions. A vote shall be taken for each of the autonomous constitutional bodies and offices referred to in Article 2. of this Regulation. In the event of a tie, the President of the Commission shall have a vote of quality;

II. The Technical Secretary shall record in the minutes of the session each of the opinions, the vote and the content of the agreement. The minutes shall be signed by all the representatives present, and

III. Once all matters have been voted on, the President will read the agreements taken and a copy will be sent to each of the representatives and the holders of the participating autonomous constitutional bodies and bodies within a period of 15 days.

TITLE III

PREVIOUS PERMISSIONS AND EXPORT AND IMPORT QUOTAS

CHAPTER I

General Provisions

ARTICLE 14.- The provisions of this title regulate the faculty of the Secretariat to grant prior permits and assign quotas for the export or import of goods.

ARTICLE 15.- For the purposes of this Regulation, it is understood by:

I. Prior export or import permit, the instrument issued by the Secretariat for the entry or exit of goods to or from the national territory, and

II. Cupo certificate, the instrument issued by the Secretariat to assign a maximum quota or quota to the export or import.

When a permit is referred to in this title, the prior export or import permit shall be understood, and when the certificate is referred to, the quota certificate shall be understood for an export or import quota.

ARTICLE 16.- The provisions of this Regulation referring to export or import quotas shall also apply to the amounts of goods which, within a -quota, exported or imported at a preferential tariff level.

CHAPTER II

Previous Permissions

ARTIC 17.- The request for the granting of a permit, its extension, or its modification will be presented to the Secretariat in the official format which it determines. The information to be contained in the format shall be the following:

I. The name or social reason and main activity or pivot of the requester;

II. The regime that is requested, either for export or import;

III. Tariff Fraction and Detailed Description of the Merchandise;

IV. Quantity and value requested;

V. Country of origin or destination, and

VI. Where appropriate, technical specifications of the merchandise and documentation that identifies it.

ARTIC 17 A.- The formalities related to the import, export, and transit of goods, as well as regulations and restrictions (a) tariff quotas must be submitted by electronic means in terms of the relevant legislation. If necessary, the Secretariat shall be coordinated with the appropriate agency, body or entity for the attention of such formalities.

ARTICHAPTER 18.- To submit each request and collect the respective permission, the interested party or his/her representative must satisfy the requirements that establish the Law and this Regulation and provide evidence to the Secretariat.

ARTICLE 19.- Once the application has been filed, the Secretariat may require additional information or documentation from the applicant, who will have a five-day time limit for provide it. If the requirement is not met within the prescribed period, the application shall be unfiled.

ARTIC 20.- The Secretariat will resolve the request for permission or extension within the fifteen days after the date of its acceptance to procedure. After that period, the person concerned must appear before the Secretariat within five days of the decision and claim his right.

ARTICLE 21.- The Secretariat may hold the export or import of goods to the automatic permit requirement for purposes of keeping a record of the operations of the external trade, provided that there is no other administrative procedure which allows for the supervision and monitoring of such operations in a more agile manner. The Secretariat shall approve the automatic permits for all natural or moral persons who meet the legal requirements to carry out foreign trade operations.

ARTICLE 22.- The permit shall specify, inter alia, the following data: the regime, whether export or import; the name of the beneficiary; the tariff fraction; the description of the product, as well as the value and quantity authorised to import or export and the period of validity, which must be in a consistent relationship with each other in order not to hinder the use of the permit. Permissions will not be transferable.

ARTICLE 23.- The holder of a permit or his legal representative may request his modification or extensions, provided that the same is in force when the application is filed and Use the official format.

The modifications shall only proceed if they relate to the value of the goods, the country of provenance or destination, or the description of the product without altering its nature.

ARTICLE 24.- Customs may authorize one or more automatic extensions on the original validity of the import permit, provided that the person concerned demonstrates that the shipment of the goods was carried out during the period of validity of the same. The period of the extension shall be 30 days if the goods arrive by sea or seven days if they enter the country by another route.

ARTICLE 25.- Exporters or importers who have completed the order for goods that were not subject to restrictions, will be entitled to obtain the for the month following the date on which the restriction was published in the Official Journal of the Federation, provided that they show that:

I. They had paid the order or granted irrevocable letter of credit for the order, or

II. The product was in transit to be moved to its destination.

CHAPTER III

Cupos

ARTICHAPTER 26.- The instruments through which quotas are set will be published in the Official Journal of the Federation, with the following data:

I. The product subject to the quota in question;

II. The quantity, volume, or value of the quota;

III. The period of validity of the quota and, where applicable, of the corresponding permit, and

IV. The allocation procedure and requirements to be met by stakeholders.

ARTICLE 27.- When an export or import quota is allocated by public tender, the Secretariat:

I. Publish the corresponding call in the Official Journal of the Federation, at least five days before the registration period starts, and

II. It shall be made available to the interested parties, on the date indicated in the call, the basis on which the public tender shall be governed.

ARTICLE 28.- The call will contain at least the following data:

I. The description of the quota and its amount and, where applicable, the maximum amount each interested party may obtain;

II. The place, date, and time when the bidding bases and their cost will be provided, and

III. The place, date, and time for the event of the opening of positions and their award.

ARTICLE 29.- The public tender bases will specify information regarding:

I. The subject of the public tender;

II. The amount to be tendered;

III. The requirements for participating in the public tender;

IV. The period and place to present positions;

V. The place, day, and time to celebrate the opening act of postures;

VI. The warranty;

VII. The award criteria;

VIII. The validity period of the certificate, and

IX. The other data that the Secretariat deems necessary.

ARTIC 30.- The award act will be performed in the presence of representatives of the Economy and Finance and Public Credit secretariats. and, where appropriate, the competent authority, and a representative of the Internal Control Body may be invited to the Secretariat of the Economy.

ARTICLE 31.- When the Secretariat deems it necessary, in the terms of the second paragraph of Article 24 of the Law, it may assign a quota to the export or import by means of of procedures other than public tender.

In cases where the quotas are allocated directly or in the order in which the importers arrive at the customs office, the Secretariat may establish maximum individual ceilings of value, quantity or volume for certain export or import merchandise.

ARTICLE 32.- Once the act of award has been made, the Secretariat shall issue the certificate corresponding to the beneficiary of a quota. The certificate shall specify, inter alia, the following data: the system, whether export or import; the name of the beneficiary; the description of the quota; the amount of the certificate, and its period of validity.

ARTICLE 33.- The Secretariat will issue the certificate in the following terms:

I. Within five days after publication of results in the public tender case, and

II. Within seven days after the date on which all the required items were contributed, in the case of direct allocation.

ARTICLE 34.- The Secretariat shall allocate the amount of the quota to be covered by the certificates that the winners of a public tender have not claimed within the time limit specified in the bases.

ARTIC 35.- Dealing with direct allocation, after the deadline referred to in Article 33 (II) of this Regulation, the The person concerned must appear before the Secretariat within five days of the decision and claim his/her right. In the case of the final part of Article 31 of this Regulation, the Secretariat shall establish the manner in which the operation shall be recognised as being made under the quota.

ARTICLE 36.- Certificates awarded by public tender shall be nominative and may be transferred. When the holder of a certificate transfers it, the person concerned to obtain the certificate must inform the Secretariat in writing and request the issue of a new certificate. The Secretariat may assess the appropriateness of transfers in order to prevent and prevent monopolistic practices or obstacles to trade, in the terms of the law in the field.

TITLE IV

UNFAIR INTERNATIONAL TRADE PRACTICES

CAPITITLE I

General provisions

ARTICLE 37.- For the purposes of this Regulation:

I. Identical Merchandise, products that are equal in all aspects to the product under investigation, and

II. Similar goods, products that, even if they are not the same in all aspects, have similar characteristics and composition, allowing them to comply with the same functions and be commercially interchangeable with which it is compared.

ARTICLE 38.- The price discrimination margin of the commodity will be defined as the difference between its normal value and its export price, relative to the latter price.

ARTICLO 38 A.- For the purposes of Article 38 of the Act, the grant amount shall be calculated based on the benefit obtained by the recipient.

The methodology for calculating the amount of the subsidy based on the benefit obtained, may consider the particular conditions and characteristics of each grant, from the country which grants it; as well as, if there is a price discrimination investigation for the same commodity. The above methodology should consider the guidelines set out in Article 14 of the Agreement on Subsidies and Countervailing Measures of the World Trade Organization.

As a general rule, where the subsidy is granted to production, the total value of the profit shall be allocated on the basis of production or sales; the subsidy is granted for export, this benefit shall be allocated on the basis of the export sales of the product concerned.

Where the grant is granted for the acquisition, present or future, of fixed assets, the benefit shall be allocated over a period corresponding to that of the normal depreciation of such fixed assets in the industry concerned.

Where the subsidy cannot be linked to the acquisition of fixed assets, the amount of the benefit obtained during the investigation period shall be attributed to the period, unless there are special circumstances justifying the attribution to a different period.

CHAPTER II

Imports in Price Discrimination Conditions

ARTICLE 39.- In the event that the product under investigation comprises goods that are not physically equal to each other, the margin of price discrimination shall be estimated by type of goods, in such a way that the normal value and the export price involved in each calculation correspond to similar goods. As a general rule, the types of goods shall be defined according to the classification of products recognised in the accounting information system of each exporting undertaking.

When price discrimination margin is calculated by commodity type, the margin for the product under investigation will be determined as the weighted average of all margins. (i) to be considered. This weighting shall be calculated in accordance with the relative share of each type of commodity in the total volume exported from the product during the investigation period.

ARTICLE 40.- In general terms, both the normal value and the export price will be calculated according to the figures obtained from the weighted averages observed during the investigation period.

When the normal value is determined on the basis of the prices referred to in Article 31 of the Act, these shall be weighted according to the relative share held by each transaction in the the total volume of sales in the country of origin or export to a third country, as appropriate.

In the event that the normal value is established from the reconstructed value, the production costs that have been estimated for subperiods within the investigation period weighted according to the relative share held by the production of each subperiod in the total volume produced.

Export prices will be weighted according to the relative share that each transaction has on the total exported volume.

ARTICLE 41.- When, in the judgment of the Secretariat, the number of types of merchandise or the number of transactions to be investigated is exceptionally large, the margin of discrimination may be determined on the basis of a representative sample. In both cases, the samples must be selected according to generally accepted statistical criteria.

ARTICLO 42.- For the purposes of the second paragraph of Article 31 of the Act, when identical or similar merchandise is not the object of sales in the (a) normal commercial operations on the domestic market of the exporting country or where, because of a particular market situation or the low volume of sales on the domestic market of the exporting country, such sales do not allow for a valid comparison, the price discrimination margin will be determined by comparison with a comparable price of the like product where the like product is exported to a suitable third country, provided that this price is representative, or with the cost of production in the country of origin plus a reasonable amount per the concept of administrative, selling and general expenses, as well as the concept of benefits.

An amount sufficient to determine the normal value of the goods shall be considered, sales of the like product intended for consumption on the domestic market of the exporting country if these sales represent 5% or more of the sales of the product exported to Mexico; a smaller proportion will be acceptable when there is evidence to show that domestic sales, even if they represent that lower proportion, are of sufficient magnitude to allow a comparison appropriate.

ARTICLO 43.- For the purposes of the second paragraph of Article 32 of the Act, when the applicant requests the corresponding exclusion, must provide the information that justifies it. In such cases, the Secretariat may take into account the fact that, during the investigation period, the sales prices or costs and expenses have been exceptionally low or high.

Sales of identical or similar merchandise on the domestic market of the exporting country, or sales to a third country at prices below unit, fixed and unit costs variable, production plus administrative, selling and general expenses may be considered unrealised in the ordinary course of trade for price reasons, and may not be taken into account in the calculation of normal value, only if it is determined that these sales have been made during a period extended in substantial quantities and at prices which do not allow all costs to be recovered within a reasonable period. If the prices below unit costs, at the time of sale, are higher than the weighted average of the unit costs for the period under investigation, these prices will be considered to be able to recover the costs. within a reasonable time.

The extended period of time should normally be one year, and never less than six months.

Sales at prices below unit costs will be considered to have been made in substantial quantities, when the authorities establish that the average Weighted average sales prices of the transactions considered for the determination of the normal value is lower than the weighted average of unit costs, or that the volume of sales made at prices below unit costs, is not represents less than 20 percent of the volume sold in the operations considered for the calculation of the normal value.

ARTICLE 44.- The cost of production, overhead, and utility margin should correspond to normal business operations.

Regarding the cost of production, when materials and components are purchased from suppliers linked in the terms of Article 61 of this Regulation, the It should be proved that the prices of these transactions are similar to those of the purchase transactions with unrelated parties. If the acquisition prices of related parties are lower than the prices of purchase transactions with unrelated parties, for the purposes of the calculations of the cost of production, the former will be replaced by the latter.

When only purchases have been made to related suppliers, the purchase prices will be compared against the prices to which the related suppliers have sold the same materials and components to unrelated companies. If this second method is not practicable, the prices of purchase transactions with unrelated parties will be obtained by any other method of economic research and based on the facts of the knowledge.

ARTICLE 45.- For the purposes of this Regulation, the following definitions shall apply:

I. Costs and direct expenses, which are specific to the product under investigation;

II. Costs and indirect expenses, which are common to various products of the exporting company, including the investigation;

III. Costs and fixed expenses, those that are incurred regardless of whether it is produced or sold, and

IV. Costs and variable expenses, resulting from production and sales.

ARTICLE 46.- For the purposes of Article 31 (II) of the Law, the following rules apply:

I. The cost of production will include the cost of direct materials and components, the cost of direct labor, and indirect manufacturing costs. In turn, indirect manufacturing costs should include:

A. The cost of materials and indirect components;

B. The cost of indirect labor;

C. The cost of energy, including electricity and fuels;

D. The depreciation of assets for production, and

E. Other indirect expenses that are applicable.

The cost of production must be obtained by means of the weighted average cost incurred on all the plants, of each exporter, that manufacture the goods under investigation.

As a rule, the packaging cost will be considered part of the cost of production;

II. For the determination of overheads, management and sales, financial and other non-distributable expenses shall be considered in a direct manner, including those concerning research and development and the depreciation of assets not intended for production;

III. The indirect costs and expenses will be distributed to the product under investigation in a proportional manner. In particular, the pro-rata methods should assign the product under investigation a proportional contribution in each of the indirect costs and costs. The Secretariat shall reconcile the accounting information available for the purpose of verifying that, in addition to the participation assigned to the product under investigation for which it has been determined for the uninvestigated products, each of the costs and indirect costs shall be fully or partially absorbed.

The allocation methods must show an evident and reasonably verifiable relationship between the cost or expense to be distributed and the prorating basis that applies;

IV. For general expenses that are not directly assignable to the product under investigation, when the accounting information available to them is distributed as part of the Departmental and other expenses at the corporate level, both items will be prorated to the product investigated preferably on the basis of the cost of sales.

In the second case, the allocation of general expenses to the product under investigation must be equivalent to the overall expenditure observed on average for all the products of the company. For the purposes of this calculation, general expenses shall be normalized in terms of the cost of sales. Average overheads will be estimated by dividing overhead costs between the cost of sales, according to figures reported in the company's financial statements. General expenses attributable to the product under investigation shall be determined by multiplying the resulting factor by the specific sales cost to that product;

V. Both the cost of production and overhead must include all of its fixed and variable components.

Costs relating to the idleness of production factors will be considered as fixed costs and, as the case may be, will be directly assigned to the product under investigation or distributed to this in a proportional manner;

VI. Depreciation charges should include both the depreciation of assets in use, and the depreciation of assets out of use;

VII. In general terms, cost and expense recoveries must be deducted from the items to which they correspond;

VIII. Financial expenses must be estimated in net terms, excluding financial income that is not related to the normal activities of companies, such as which are derived from permanent or long-term investments;

IX. All general expenses recognized in the social year corresponding to the investigation period shall be taken into account. However, such expenditure shall be pro rata to the investigation period in a proportional manner.

As an exception to the above rule, expenses recognized in a social exercise may be distributed over a longer period, when:

A. The nature of the expense in question justifies this procedure, and

B. The Secretariat shall have prior years ' accounting information to allow it to include in the expenditure of the investigation period a participation in expenditure previously incurred to be distributed in an analogous manner;

X. The Secretariat may exclude those general expenses that are extraordinary in nature, that is to say, that occur in a haphazard or infrequent manner, essentially represent a loss of accounting capital and not related to income generation. This exclusion shall be considered exceptionally;

XI. As a general rule, the utility margin will not be greater than that typically obtained in the sale of products of the same generic category in the country of origin.

Where the margin of price discrimination is estimated by type of commodity, for the purposes of the calculation of the profit margin, the general category shall be the type of goods for which the normal value is determined according to domestic prices. In particular, the profit margin shall be estimated according to the weighted average profit margin observed in domestic sales which serve as the basis for establishing normal values from prices.

If this method is not applicable because no normal value per class of goods is determined on the basis of prices, the generic category shall be the first category of goods, according to the accounting information systems of the company, containing the product under investigation and in respect of which there are profit figures.

When accounting information is available only for corporate profits, the company as a whole will be considered as a generic category. In these cases, the profit margin for the product under investigation should be equivalent to the average margin observed for all the products of the company. In particular, the average margin should be calculated by dividing the profits, before their impact by direct taxes and by third party participation on them, between the cost of sales, according to the corporate data. The utility attributable to the product under investigation will be determined by multiplying the resulting average margin by the specific sales cost to that product.

The methods described in the preceding paragraphs should be discarded when a profit margin is obtained that does not reflect a long-term condition, but a transitional or conjunctural. In such cases, the profit margin must be calculated on the basis of additional financial information to which the investigation period is strictly applicable; if the latter procedure is not satisfactory, the Secretariat will determine the profit margin by any other method of economic and accounting research, as well as on the basis of the facts of the knowledge, and

XII. For the purposes of comparing the sum of costs and expenses with internal prices, and comparing the value of the rebuilt with the export prices, the Secretariat may consider the mismatch between production and sales that are relevant.

For the purpose of calculating the above concepts, the Secretariat shall accept as valid the generally accepted accounting principles prevailing in the country of origin provided where they do not contravene the legislation on unfair international trade practices and other applicable legal provisions.

ARTICLO 47.- Repealed.

ARTICHAPTER 48.- For the purposes of Article 33 of the Act, centrally planned economies shall be defined as non-market economies, irrespective of the name with which they are designated, whose cost and price structures do not reflect market principles, or where the companies in the sector or industry under investigation have cost and price structures that do not determine in accordance with these principles.

To determine whether an economy is a market economy, the following criteria will be taken into account, among others: that the foreign currency under investigation is In the case of international currency markets, the wages of that foreign country are to be established through free trade between workers and employers; whereas the decisions of the sector or industry under investigation on prices, costs and supply of inputs, including materials In response to market signals and without significant State interference, foreign investment and co-investment with foreign firms will be allowed; the industry will be under- (a) research has exclusively a set of book records which are used for all purposes, and which are audited in accordance with generally accepted accounting principles; that the costs of production and the financial situation of the sector or industry under investigation do not suffer distortions in relation to asset depreciation, bad debts, barter trading and debt compensation payments, or other factors that are considered relevant.

A substitute country means a third country with a market economy similar to the exporting country with non-market economy. The similarity between the substitute country and the exporting country shall be defined in a reasonable manner, so that the normal value in the exporting country can be approximated on the basis of the domestic price in the substitute country. In particular, for the purposes of selecting the substitute country, economic criteria such as the similarity of the production processes, the structure of the cost of the factors that are intensively used in this process should be considered. corresponding to the product under investigation or, if not possible, to the most restricted group or range of products that include it in both the country of origin and the country of replacement.

The goods on which the normal value is determined shall be originating in the substitute country. Where the normal value is determined according to the export price of the substitute country to a third party, that price shall refer to a market other than Mexico. If there is no substitute country with a market economy in which goods identical or similar to those exported by the country with non-market economy are produced, the Mexican market can be considered as a substitute country.

ARTICLE 49.- When, in the terms of the second paragraph of Article 34 of the Law, normal value is determined in accordance with the market price of the country of origin, the price of export must be taken to the same base.

ARTIC 50.- When the exporter and the importer are bound by any of the forms referred to in Article 61 of this Regulation or exist compensatory arrangements between the two, the export price may be calculated in accordance with the provisions of Article 35 of the Law.

In this case, all expenses incurred between the export and resale, including tax and duty payments in the importing country, as well as the margins of the utility by import and distribution.

ARTICLE 51.- In cases where the normal value is determined on the basis of the prices referred to in Article 31 of the Law, the prices actually paid shall be used. or to pay for the buyer, including discounts on list prices, bonuses and refunds. The same provision will be observed in the calculation of export prices to Mexico. This determination is independent of the adjustment for quantities referred to in Article 55 of this Regulation.

ARTICLE 52.- In addition to the adjustments referred to in Article 36 of the Law, differences in trade levels will also be adjusted to the extent that they have not been taken into consideration otherwise.

ARTICLE 53.- For the purposes of the provisions of Article 36 of the Law, adjustments for differences in terms and conditions of sale shall be made on the normal value as to the export price. For their part, adjustments for differences in quantities, physical differences and differences in tax charges shall be made exclusively on the normal value.

ARTICLE 54.- The differences between normal value and export price with respect to terms and conditions of sale will be a reason for adjustment as long as these differences relate directly to the markets under investigation. Adjustable expenses should be incidental to sales and be part of the sales price. The eligible adjustments shall include the following items:

I. Charges for packaging;

II. Charges for transportation, including freight and insurance, off-site maneuvers, port rights, and customs expenses;

III. Credit expenses;

IV. Payments by commissions, and

V. Payments for after-sales services such as technical assistance, maintenance, and repairs.

The wages paid to vendors will be adjustable to the extent that they represent variable expenses of the company and are analogous to the payment of commissions.

The above adjustments will be made by subtracting to the normal value and export price the amounts that correspond in each case.

As a general rule, no adjustments will be made for differences in general expenses, including research and development.

ARTICLE 55.- The Secretariat will adjust the normal value for differences in quantities with respect to the export price according to the following criteria:

I. When prices vary inversely with respect to quantities sold, either in terms of individual transactions or cumulative volumes per customer, both the normal value as the export price must be estimated on the basis of transactions for similar quantities. In such cases, the price discrimination margin should correspond to the weighted average margin of the specific margins for each stratum;

II. When prices vary inversely with respect to quantities sold, either in terms of individual transactions or cumulative volumes per customer, and some domestic sales are not for quantities similar to those of export sales, the normal value shall be calculated on all domestic sales, once the differences between the domestic prices resulting from differences in prices have been cancelled quantities. In particular, domestic sales prices which are not comparable to export sales shall be made in the same way as comparable domestic sales prices by adjusting the difference between the two;

III. When the exporter requests to take into account the adjustments provided for in either of the above two fractions, the following rules apply:

A. Domestic sales comparable to export sales must be common and representative of the market in the country of origin. For the purposes of this Article, common sales shall mean those that have been made on a recurring basis during the investigation period, and

B. The Differentiated Pricing by Quantity scheme should be implemented consistently, so internal sales should not be observed during the period of research whose prices are incongruous with that scheme.

Where the adjustment methods for quantities provided for in Sections I and II of this Article are not practicable, the Secretariat may make the adjustment in accordance with the facts that be aware and based on the information available.

ARTICLE 56.- When prices vary according to the physical characteristics of the goods sold, and some goods sold in the country of origin are not physically equal to the exported goods, the normal value shall be calculated on all domestic sales, once the differences between the domestic prices resulting from physical differences between the goods have been cancelled. As a general rule, domestic sales prices not comparable to export sales will be matched to comparable domestic sales prices by adjusting the difference between the variable costs of production of both types of goods.

Also, as a general rule, when prices vary according to the physical characteristics of the goods sold, and none of the goods sold in the country of origin is physically equal to the exported goods, domestic sales prices will be matched to export sales prices by adjusting the difference between the variable costs of production of both types of goods.

Generally, goods will be considered as physically different when each company's accounting information systems rank them in different product codes.

ARTICLE 57.- When the tax burden of goods sold in the country of origin is different from that of the export goods, domestic sales prices are they will make export sales prices to their counterparts by adjusting the difference between the two tax charges. Adjustable levies will be limited to indirect taxes and import taxes. Indirect taxes may be adjusted both on identical or similar goods sold in the country of origin and on domestic inputs incorporated therein. Import taxes may only be adjusted in relation to imported inputs incorporated in identical or similar goods sold in the country of origin.

ARTICLE 58.- The effects of inflation on information that will serve as a basis for determining the margin of price discrimination will be adjusted according to technical generally accepted economic and accounting.

For currency conversion purposes, the applicable exchange rate must correspond to the date on which each transaction was made.

CHAPTER III

Damage to a national production branch

ARTICULO 59.- The Secretariat shall verify, through the appropriate investigation procedure, that the damage referred to in the 39 of the Law derives from the minimum analysis of all the elements referred to in Articles 41 and 42 of the same order, as appropriate. In no case shall the investigating authority determine the existence of damage as established by civil law.

ARTICLE 60.- The applicants referred to in Article 50 of the Law shall prove that they represent at least 25 percent of the national production of the goods that be treated. However, where producers are related to exporters or importers or are themselves importers of the product under investigation, the term national production may be considered to be in the sense of covering at least 25% of the product concerned. percent of the rest of the producers. In any event, applicants shall provide the required information on national production as described in Article 63 of this Regulation.

ARTICLE 61.- To determine whether producers are related to exporters or importers, the Secretariat will use the criteria generally accepted by the national legislation and international standards. For these purposes, the Secretariat shall take into account the following assumptions:

I. If one of them holds address or liability charges at one company in the other;

II. If they are legally recognized as associated in business;

III. If they have a pattern and worker relationship;

IV. If a person directly or indirectly has the ownership, control or possession of five percent or more of the shares, social parties, contributions or securities in circulation and with the right to vote in both;

V. If one of them directly or indirectly controls the other;

VI. If both persons are directly or indirectly controlled by a third person;

VII. If together they directly or indirectly control a third person, or

VIII. If they are from the same family.

The above will proceed whenever there are reasons to assume that the effect of the linkage is of such a nature that it motivates part of the producer considered to be a different from that of the unrelated producers. A person shall be deemed to control another person when the first is legally or operationally in a position to limit or direct the second.

ARTICLE 62.- For the purposes of the second paragraph of Article 40 of the Law, you will be the following:

I. Producers who can be considered representative of national production and have quality of applicants must prove that the linkage has no effect restrictive on competition, or in the event that they themselves perform part of the investigated imports, they must demonstrate that their imports are not the cause of the distortion of domestic prices or the cause of the alleged damage, and

II. It may also be considered as representative of the national production, to the assembly of the manufacturers of the goods produced in the immediate previous stage of the same continuous line of production of the goods identical or similar to that imported under conditions of price discrimination or subsidy, where:

A. As a result of the linkage the interests of the related producer or the producer-importer agree in such a way with those of the exporters or importers that the same producers accept or encourage the performance of imports under conditions of price discrimination or subsidised and therefore would not submit an application for investigation against unfair practices;

B. The goods produced in the immediate stage prior to the manufacture of the identical or similar product to the imported product is a raw material of agricultural origin and constitutes the main input of the good in question, and

C. The agricultural origin input is used in the same continuous line of production of the processed goods, and is mainly intended for the production of the processed merchandise.

The application of this provision should be consistent with the commitments made by Mexico in international treaties or conventions.

ARTIC 63.- For the determination of the existence of damage, the Secretariat shall assess the impact of the investigated imports on the branch National production.

The applicants shall submit to the Secretariat, through the respective research forms, the information of the total national production, provided that the required figures are reasonably available. In any case, a reliable estimate, and the corresponding methodology, should always be submitted in the application of the figures for the total national production considered.

The Secretariat shall ensure that the relevant damage determination is representative of the situation of the national production branch.

ARTIC 64.- For the purposes of Article 41 of the Act, the Secretariat will take into account:

I. With respect to the volume of the imports under investigation, if there has been a substantial increase of the same in absolute terms or in relation to the domestic production or domestic consumption of the country. The Secretariat shall assess whether the imports under investigation are on the domestic market to meet the same or the current or potential consumers of domestic producers and whether they use the same distribution channels;

II. In relation to the effects of imports subject to internal price investigation:

A. The behavior and price trend of the investigated imports will be analyzed and if these show a decrease in the period investigated with for those that had been observed in comparable periods, or if these are lower than the rest of the imports that are not made under conditions of price or subsidy discrimination;

B. If there is a relationship between the decrease in import prices and the growth of imported volumes;

C. If the investigated imports have a significantly lower sales price than the comparable domestic product sales price, or The effect of the investigated imports is to depress domestic prices in another way, or to prevent the reasonable increase that otherwise would have occurred, and

D. If the level of prices to which the investigated imports are to the domestic market is the determining factor in explaining the behaviour and the participation of the same in the national market;

III. With respect to the effects of the investigated imports on the domestic production branch of identical or similar goods, a assessment of the operations of the industry in the national territory. Such assessment shall include the impact of the quantities and the prices of the investigated imports on all relevant economic factors and indices having an impact on the condition of the relevant national production branch, such as:

A. The actual and potential decrease in sales, profits, production volume, market share, productivity, performance of the investments or the use of installed capacity;

B. The factors that affect internal prices;

C. The magnitude of the price discrimination margin or, in the case of grants in agriculture, if there has been an increase in the cost of the government, and

D. The actual or potential negative effects on cash flow, stocks, employment, wages, growth, ability to raise capital, or investment;

IV. Other items that you consider to be appropriate, referring to factors or economic indices relevant to the industry in question not covered by the incites previous. In this case, the Secretariat shall identify these factors and explain the importance of these factors in the respective determination.

ARTICHAPTER 65.- The Secretariat shall evaluate the economic factors described in Articles 41 and 42 of the Law, within the context of the cycle and the specific conditions of competition for the industry concerned. For this purpose, applicants shall provide information on relevant and characteristic factors and indicators of the industry normally considering three years prior to the submission of the application, including the period under investigation, except that the undertaking concerned has been set up within a shorter period. The interested parties shall also provide economic studies, monographs, technical literature and national and international statistics on the behaviour of the relevant market, or any other documentation to identify the cycles. and the specific conditions of competition for the industry concerned.

ARTICHAPTER 66.- The effect of imports under conditions of unfair practices will be assessed against the national production branch of the identical or similar product where the available data allow the identification of the data separately according to criteria such as the production process, the sales of the producers and their profits. If it is not possible to make such a separate identification of that production, the effect of such imports shall be assessed by analysing the production of the most restricted group or range of products which includes the identical or similar product and of which provide all necessary information for the damage test.

ARTIC 67.- For damage determination, when imports of a product from more than one country are simultaneously object (a) investigations in the field of unfair international trade practices, the Secretariat may cumulatively assess the effects of imports only if it determines the following:

I. That the margin of price discrimination or the amount of the subsidy established in relation to the investigated imports from each supplier country is more that de minimis, and the volume of actual or potential imports originating in each country is not negligible, and

II. That the cumulative assessment of the effects of the imports is appropriate considering the conditions of competition between the imported products and the similar national product.

The price discrimination margin shall be considered de minimis where it is less than 2% of the export price or, normally, where the amount of the subsidy is less than 1 per cent ad valorem.

The volume of imports subject to price discrimination will normally be considered negligible when it is established that the volume of imports from a given The country accounts for less than 3% of imports of the like product, except that the countries that individually represent less than this percentage together account for more than 7% of those imports.

ARTIC 68.- For the purposes of Article 42 of the Act, the Secretariat shall take into account:

I. If a high rate of growth of the investigated imports is observed on the domestic market indicating the well-founded probability of a substantial increase in such imports in the immediate future at a level which could cause damage to the domestic production industry. To this end, the Secretariat shall consider, inter alia, whether the imports under investigation are on the domestic market to meet the same or potential current or potential domestic producers and consumers. they use the same distribution channels;

II. The freely available capacity of the exporter or an imminent and substantial increase in the exporter indicating the likelihood of a significant increase in the exports that are the subject of price discrimination or subsidies to the Mexican market, considering the existence of other export markets that can absorb the possible increase in exports;

III. If the investigated imports are made at such prices that they will have a significant impact on domestic prices by lowering or preventing them from rising. It will also be assessed whether there is a real likelihood that the prices to which the investigated imports are made will significantly increase the amount of new imports. In this case, the factors affecting domestic prices, inter alia, the modification of conditions or terms of sale to some customers as a direct consequence of the investigated imports, may be included;

IV. The stocks of the goods under investigation on the domestic market or the exporter;

V. Where appropriate, the nature of the grant in question and the likely effects on trade, and

VI. Any other demonstrable economic trend that allows us to infer that imports under conditions of price discrimination or subsidies will cause damage to the national production branch.

ARTICHAPTER 69.- The Secretariat shall examine other factors of which it is aware, other than the imports under investigation, that the the same time affects the domestic production branch, in order to determine whether the alleged damage is caused by such imports. Among the factors that the Secretariat may assess will be:

I. The volume and prices of imports that are not made in terms of price or subsidy discrimination;

II. The contraction of demand or variations in the consumption structure;

III. The restrictive business practices of foreign and domestic producers, as well as competition between them, and

IV. The evolution of the technology, productivity, and results of the export activity.

TITLE V

SAFEGUARD MEASURES

Single Chapter

ARTIC 70.- To determine the provenance of a safeguard measure, the Secretariat will conduct an investigation under the procedure administrative provisions of the Law, in this Regulation and in the international treaties or conventions of which Mexico is a party.

ARTICLO 71.- For the determination of severe damage or threat of serious damage, the Secretariat shall assess the impact of the investigated imports on the domestic production branch of identical or similar or directly competing goods.

The applicants shall submit to the Secretariat, through the respective research forms, the information of the total national production, provided that the required figures are reasonably available. In any case, a reliable estimate, and the corresponding methodology, of the figures for the total national production in question shall be submitted in the application.

ARTICHAPTER 72.- For the purposes of Article 48 of the Act, only a positive determination will be made in those cases where demonstrates, on the basis of objective evidence, the existence of a causal link between the increase in imports of the product concerned and the serious injury or threat of serious injury. Where there are other factors, other than the increase in imports, which at the same time cause damage to the domestic production branch, this damage shall not be attributed to the increase in imports.

ARTIC 73.- Repealed.

ARTICLO 74.- The Secretariat will evaluate the factors outlined in Article 48 of the Act, within the context of the economic cycle and the conditions of specific competence of the national production branch in question. For this purpose, applicants shall provide information on relevant and characteristic factors and indicators of the industry normally considering three years prior to the submission of the application, including the period under investigation, except that the undertaking concerned has been set up within a shorter period. The interested parties shall also provide economic studies, monographs, technical literature and national and international statistics on the behaviour of the relevant market, or any other documentation to identify the cycles. economic and specific conditions of competition of the national production branch concerned.

TITLE VI

PROCEDURE FOR UNFAIR INTERNATIONAL TRADE PRACTICES

CHAPTER I

General provisions

ARTIC 75.- The request by interested party to initiate an administrative investigation into unfair trade practices In addition to submitting in writing and complying with the requirements laid down in Articles 50 and 51 of the Law, it shall be submitted with the form issued by the Secretariat, the application shall contain the following:

I. The competent administrative authority to which it is promoted;

II. The name or social reason and address of the sponsor and, if applicable, his representative, accompanying the documents that credit him;

III. The main activity of the promote;

IV. The volume and value of the national production of the product identical or similar to the import;

V. Description of the participation of the promoting, in volume and value, in the national production;

VI. The legal bases on which it is based;

VII. Description of the goods for which the import is concerned, accompanying the specifications and characteristics comparatively with the national production and, the other data that the individual has identified; the volume and value that was imported or intended to be imported on the basis of the corresponding unit of measure and its tariff classification according to the Tariff of the General Tax of Import and Export;

VIII. Name or social reason and address of the persons who are aware of the import or of those who intend to import it, clarifying if such import was performed or performed on one or more operations;

IX. Name of the country or countries of origin and origin of the goods, in question, and the name or social name of the person or persons knowledge that they made or intended to export allegedly under unfair conditions to Mexico;

X. Manifestation of facts and data, accompanied by reasonably available evidence, in which your request is founded. These facts must be narrated succinctly, with clarity and precision, from which the established probability of the existence of the unfair practice of international trade is inferred;

XI. Indication of the difference between the normal value and the comparable export price or, where applicable, the impact of the subsidy on the price of export.

For the purposes of the above paragraph, the calculation methodology used for the determination of the normal value, the export price, shall be described. and the proposed adjustments, indicating the sources of information consulted in each case;

XII. In the case of grants, in addition, the information and facts related to this unfair practice, the foreign governmental authority or body involved, the form of payment or transfers and the amount of the subsidy for the foreign producer or exporter of the goods;

XIII. The evidentiary elements which make it possible to appreciate that due to the introduction to the domestic market of the goods in question, damage to the branch of the national production;

XIV. Where applicable, a description of requests for other regulatory or trade restriction measures related to the merchandise subject to the request, and

XV. Whatever is deemed necessary.

The application referred to in this Article shall have the self-working signature of the person concerned or the person acting in his/her representation.

The application and supporting documents must be submitted in original form and in as many copies as the Secretariat points out in the official form.

The transfer copies must be submitted at the latest with the response to the prevention, in as many copies as importers, exporters and, where appropriate, governments Foreign nationals are appointed in their application and in the response to prevention. Such copies shall be submitted by the means determined by the Secretariat. If this obligation is not met, the application will be abandoned.

The investigation procedure shall not preclude the dispatch to the relevant customs office of the goods involved in the investigation.

ARTICHAPTER 76.- The investigation into unfair international trade practices will comprise imports of identical or similar goods to national production which has been carried out for a period of normally one year and in no case less than 6 months, which shall be as close as possible to the submission of the application. The period of analysis to assess the damage normally shall be three years and shall include the period under investigation.

The investigation period referred to in the preceding paragraph may be amended in the case of the Secretariat for a period covering imports made with after the submission of the application.

ARTIC 77.- Notwithstanding the foregoing article, for the assessment of the damage to the national production branch, the Secretariat may require the applicant or any other national producer or person whom it considers appropriate, the information or data that it considers relevant to correspond to a maximum period of five years prior to the submission of the application.

ARTIC 78.- The Secretariat may, for one time, prevent the applicant from clarifying, correcting, or completing its application, indicating in form Its shortcomings and inaccuracies are concrete. After the twenty days referred to in Article 52 (II) of the Law, the Secretariat shall give it a course, discard it, or declare it abandoned, as appropriate.

ARTICLE 79.- A commodity will be considered to be imported when it is verified that its shipment has been agreed upon or sent to the national territory. In this case, the Secretariat may declare the initiation of the investigation, subject to examination of the legal instruments to be provided. The tenders, quotations or orders which do not necessarily bind the signatories are exempted from the previous assumption.

In the review referred to in the preceding paragraph, the Secretariat shall ensure that the operation or import operations will effectively be carried out.

In order for the Secretariat to declare the initiation of an investigation against imports that are intended to be carried out, the interested party must comply, in addition to what is stated in this article, with the provisions laid down in the Act and in this Regulation that are applicable.

ARTIC 80.- The start, preliminary, and final resolutions of investigations into international trade unfair practices contain the following data:

I. The authority that issues the act;

II. The foundation and motivation that support the resolution;

III. The name or social reason and address of the applicant or applicants for the investigation;

IV. The name or business name and address of the importer or importers, foreign exporters or, where appropriate, of the authorities or authorities of the governments foreign nationals of whom the knowledge is known;

V. The country or countries of origin or provenance of the goods concerned;

VI. The description of the merchandise under investigation, indicating the tariff fraction corresponding to the Rate of the Law of the General Taxes Import and Export;

VII. The description of the national merchandise identical or similar to the merchandise under investigation;

VIII. The investigation period, and

IX. Other than the Secretariat considers.

CHAPTER II

Starting Resolution

ARTICLO 81.- In addition to the data noted in the previous article, the commencement resolution referred to in Article 52 of the Act shall be contain:

I. A call to interested parties and, where appropriate, foreign governments, to make them appear to manifest what is at their right, and

II. The probative period.

CHAPTER III

Preliminary Resolution

ARTICHAPTER 82.- The preliminary resolution referred to in Article 57 of the Act shall contain in addition to the data referred to in Articles 80 and 81, Section II of this Regulation:

I. In the event that the existence of unfair international trade practices has been preliminarily determined:

A. The normal value and export price obtained by the Secretariat, except in the case of information that an interested party considers confidential or reserved commercial;

B. A description of the methodology that was followed for the determination of the normal value and the export price and, where applicable, the amount of the subsidy and its impact on the export price, in accordance with Chapters II and III of Title V of the Law as well as the applicable Articles of Chapter II of Title IV of this Regulation, except in the case of information which an interested party consider confidential or reserved commercial;

C. The price discrimination margin, characteristics, and grant amount;

D. A description of the damage to the national production branch;

E. The explanation of the analysis carried out by the Secretariat of the damage factors provided for in the Law and this Regulation, as well as the other factors that have taken into account. You must identify and explain the importance of each of them in the respective resolution;

F. Where applicable, the export price does not adversely apply to domestic production and a description of the procedure for determining it;

G. The amount of the interim compensatory fee to be paid, and

H. The mention that the Secretariat of Finance and Public Credit will be notified for the timely collection of compensatory payments;

II. In case they have not varied the reasons that prompted the initiation of the investigation into unfair international trade practices, the mention that continues administrative investigation without imposing countervailing quotas, or

III. In case the non-existence of unfair practices of international trade is determined, the mention of the conclusion of the administrative investigation without to impose compensatory quotas, as well as the date on which the draft resolution was submitted to the Commission and the sense in which it is opined.

CHAPTER IV

Final Resolution

ARTICLE 83.- The final resolution referred to in Article 59 of the Act shall contain, in addition to the data referred to in Article 80 of this Regulation, the following:

I. In case the existence of unfair international trade practices is confirmed:

A. The normal value and export price obtained by the Secretariat, except in the case of information that an interested party considers to be confidential or commercial reserved;

B. A description of the methodology that was followed for the determination of the normal value and the export price, and, where applicable, the amount of the subsidy and its impact on the the export price, in accordance with Chapters II and III of Title V of the Law as well as the applicable Articles of Chapter II of Title IV of this Regulation, except in the case of information which an interested party considers confidential or reserved commercial;

C. The price discrimination margin, the characteristics, and the amount of the grant, as well as the impact of the grant on the export price;

D. A description of the damage to the national production branch;

E. The explanation of the analysis carried out by the Secretariat for damage factors provided for in the Law and this Regulation, as well as the other factors that may have occurred taken into account. You must identify and explain the importance of each of them in the respective resolution;

F. Where applicable, the export price does not adversely apply to domestic production and a description of the procedure for determining it;

G. The amount of the definitive countervailing quotas to be paid;

H. The mention that the Secretariat of Finance and Public Credit will be notified for the collection of definitive countervailing quotas, and

I. The date the draft resolution was submitted to the Commission's opinion and its meaning.

II. In case the non-existence of unfair practices of international trade is determined, the mention of the conclusion of the administrative investigation without to impose compensatory quotas, as well as the date on which the draft resolution was submitted to the Commission and the sense in which it is opined.

CHAPTER V

Information technical meetings

ARTIC 84.- The Secretariat will conduct technical meetings with interested parties who request it within a five-day term, counted from the day following the publication in the Official Journal of the Federation of the preliminary and final decisions of the procedures on price discrimination or subsidies.

Technical meetings will be intended to explain the methodology used to determine the margins of price discrimination and/or the amount of the grants, as well as the damage and causality ratio.

In such meetings, interested parties shall have the right to obtain a summary of the calculations which the Secretariat has used to deliver their resolutions, that is your own information.

ARTIC 85.- A report of the technical meetings will be produced, which must be integrated into the corresponding administrative file.

CHAPTER VI

Reconciliatory Audiences

ARTICLE 86.- Interested parties may request in writing the Secretariat to convene a conciliation hearing, as of the date of publication in the Official Journal. of the Federation of the initiation of the investigation until 15 days before the closing of the probative period. The application shall contain the proposed solution formulas and the arguments for assessing their effectiveness.

When the Secretariat considers it appropriate, it may invite interested parties to a conciliatory hearing without a request from interested parties.

ARTICLE 87.- The application referred to in Article 61 of the Law will be submitted, the Secretariat will study the proposed solution formulas and, if necessary, convene at 5 days. following the admission of the application to the other interested parties to express their views within 5 days of the date of the call.

The parties called to a conciliatory hearing will not be obliged to participate in them, and if they participate they will not be obliged to accept the proposed solutions.

ARTICLE 88.- In the conciliation hearing, the Secretariat will first allow the applicant party to expose the solution formulas, to the effect that the other Interested parties may have an opinion on the proposals. The Conciliation Committee shall draw up an administrative act giving detailed account of its development, irrespective of the outcome. The minutes shall be signed by the representative of the Secretariat and the interested parties or their representatives.

Agreements, conventions or combinations that threaten free competition or otherwise impede economic competition will not be accepted in the conciliatory hearings.

CHAPTER VII

Compensatory Quotas

ARTICLE 89.- The countervailing quotas applied to imports from foreign exporters who, having granted them a defence opportunity, have not participated in the investigation, they shall be established in accordance with the price discrimination margins for which the Secretariat is aware.

ARTIC 89 A.- In terms of the provisions of Article 87 of the Law, compensatory quotas may be established based on prices or values reference. The amount of compensatory allowances to be determined shall not exceed the margin of price discrimination or the amount of the subsidy calculated.

ARTICLO 90.- For the purposes of the second paragraph of Article 62 of the Act, the compensatory fee may be less than the discrimination margin of prices or the amount of the subsidy, provided that it is sufficient to eliminate the damage to the national production branch.

ARTINULL 91.- Repealed.

ARTICLO 92.- Repealed.

ARTICHAPTER 93.- Repealed.

ARTICLO 94.- In addition to the provisions of Articles 65 and 98 of the Act, the payment of the definitive countervailing quotas may be guaranteed in the new exporter procedures, product coverage, review and review of the compensatory quota. The appropriate authority may accept the guarantees provided in the form and terms provided for in the Tax Code of the Federation and its Rules of Procedure.

The guarantees which have been lodged or, where appropriate, to be returned, with the corresponding interest, shall be cancelled or amended, (i) whether the Secretariat removes or modifies compensatory quotas, whether or not the respective difference is made.

The interest referred to in this article will be equivalent to the amount that would correspond to the returns that would have been generated if the amount of the shares were have invested in the Federation's Treasury Certificates at the highest rate, from the date on which payment of the fee was due, to the date of the refund.

ARTICLE 95.- In the case referred to in Article 44 of the Law, provisional or definitive countervailing quotas shall not apply to importers who demonstrate to the Secretariat which the goods subject to these measures are intended for a market established outside the area or region concerned. In this case, the importers concerned may choose to pay the compensatory fee or guarantee their payment as provided for in the Tax Code of the Federation.

Submitted the application and the evidence showing the facts described in the preceding paragraph, the Secretariat shall resolve the conduct within 130 working days from the date of receipt of the application. Within this period, the Secretariat may order any investigative diligence in order to ascertain the veracity of the importers ' claims. If, in the relevant resolution, the Secretariat confirms the final compensatory quota, the guarantees which have been granted shall be effective. If the compensatory quota is revoked in that resolution in favour of the importer concerned, the guarantees or, where appropriate, the sums paid, shall be cancelled, where appropriate. Interest shall be calculated in accordance with the last paragraph of the previous Article. The decision of the Secretariat shall be published in the Official Journal of the Federation and shall be notified to the person concerned. Against this resolution only the judgment of nullity will proceed before the Fiscal Court of the Federation.

ARTICLO 96.- Repealed.

ARTICLO 97.- Repealed.

ARTICLO 98.- Repealed.

CAPITITLE VIII

Review

ARTIC 99.- Under the terms of Article 68 of the Act, the Secretariat will conduct a review on the occasion of a change of circumstances by which was determined:

I. The definitive compensatory fee; or

II. The existence of price discrimination or, where applicable, the grant, and/or

III. The damage to the national production branch.

In the procedure for the review of definitive countervailing quotas, the procedural provisions laid down in the Law and in this Regulation will be observed. at the beginning of the proceedings, preliminary resolution, final resolution, conciliation hearing, compensatory quotas, commitments of exporters and governments, evidence, pleadings, public hearings, technical meetings of information, notifications, Checks and other common provisions the procedures.

ARTICLO 100.- The review procedure may be requested by interested parties who have participated in the procedure that resulted in the final compensatory fee or by any other that has not been involved in such a procedure accredit its legal interest.

The initiation of a review and the conclusion of the respective procedure will be published in the Official Journal of the Federation and will be notified to interested parties knowledge as provided for in this Regulation.

The review of definitive countervailing quotas, which have been initiated ex officio, will be subject to the procedural provisions laid down for the investigations which gave rise to the quotas which are reviewed, as appropriate.

ARTICLO 101.- Each year, during the month anniversary of the publication in the Official Journal of the Federation of the final resolution of the investigation which originally imposed the final compensatory quota irrespective of the fact that it has been amended, interested parties may request in writing that the Secretariat carry out a review.

In any event, the applicant shall provide the relevant information and evidence to justify his/her request.

Interested parties shall have the obligation to accompany their application, duly answered, with the forms to be established by the Secretariat for that purpose.

ARTICLO 102.- Repealed.

ARTICHAPTER 103.- Repealed.

ARTICLO 104.- Repealed.

ARTICLO 105.- If the revision resolves that there is no margin of price discrimination or grant amount, the quota will not be applied The Secretariat may carry out an ex officio review. In the event that the review is determined that the imports were made under conditions of price discrimination or subsidies, the Secretariat shall establish the compensatory quotas in accordance with the results of that review.

ARTICULO 106.- If in a revision they result in price discrimination margins or grant amounts different from those set in the last (i) the procedure for determining their existence will be imposed on new compensatory quotas which will replace the previous ones. These compensatory quotas will be of a definitive nature and may be reviewed in the terms of the Law and this Regulation.

ARTICLE 107.- If of the review it turns out that the importers involved paid to the customs authority in the period under review compensatory quotas in excess of Those who, in accordance with that decision, must have covered, the person concerned may ask for the full refund of the difference in their favour with the respective interests.

If the outcome of the review the Secretariat warns that the importers involved paid in the review period a compensatory fee less than that resulting from such review, The Secretariat shall confirm the application of the minor quota.

The interest referred to in this Article shall be calculated in accordance with applicable tax provisions.

ARTICHAPTER 108.- Repealed.

ARTICLO 109.- Repealed.

CHAPTER IX

Exporters of exporters and governments

ARTICHAPTER 110.- The commitments referred to in Article 72 of the Act may be submitted once the Secretariat has determined preliminarily the existence of the unfair practice and until the closing of the public hearing.

The Secretariat may require the information, data, documents and means of proof which it considers relevant to the foreign exporter or government concerned, for the purposes of evaluate the commitment.

ARTICLE 111.- The commitments referred to in this Chapter shall be submitted in writing by foreign natural or moral persons who are duly accredited to the Secretariat in the administrative investigation or in the relevant review procedure. If the undertaking is submitted by the representative of the foreign exporter or government, it shall require special power or any other equivalent legal instrument, without which the application shall not be processed.

ARTICHAPTER 112.- Repealed.

ARTICASE 113.- The commitment received, the Secretariat will forward the request to the administrative file and notify the other interested parties so that, within 10 days, counted from the effect of the notification, they shall express their views. If this is the case, the Secretariat shall call on the parties involved in the investigation concerned, a hearing to discuss the form and terms of the commitments made and the feasibility of their verification.

ARTICLE 114.- For the acceptance or rejection of the commitment, the Secretariat shall consider, among other factors:

I. If the commitment assumed causes an adverse impact, greater than that which could be caused by the compensatory quotas, in the consumer prices and in the supply of the merchandise;

II. The relative impact of engagement on the country's international economic interests;

III. The relative impact of the commitment on the competitiveness of the domestic industry producing identical or similar merchandise, as well as on employment and investment in that industry, and

IV. That foreign exporters or governments are subject to investigations in the field of unfair international trade practices or are affected by quotas compensation or equivalent measures, at home or abroad.

No commitments shall be accepted, the verification of which is not feasible, whether the Secretariat is uncertain or whether agreements, conventions or combinations are involved. the free competition or otherwise impede economic competition.

ARTICLO 115.- To accept or reject the commitment of the foreign exporter or government concerned, the Secretariat shall establish in the resolution the form and terms in which the undertaking is to be fulfilled, specifying whether the procedure in question is suspended or terminated by virtue of the procedure and, where appropriate, the grounds and grounds for rejection.

The resolution referred to in this article shall be published in the Official Journal of the Federation and the interested parties shall be notified.

ARTICLE 116.- The Secretariat shall periodically review, on its own initiative or at the request of an interested party, the timely fulfillment of the commitment assumed. If the review results in the fact that the exporter or the foreign government has failed to do so, in whole or in part, it shall impose the compensatory quota corresponding to the facts of its knowledge.

CHAPTER X

Alternative dispute resolution mechanisms

ARTICLE 117.- When it is for the Mexican government to initiate an alternative dispute settlement mechanism for unfair international trade practices in accordance with international trade agreements or conventions referred to in Article 97 of the Law, the following rules shall be observed:

I. The interested party who chooses to go to such mechanisms must submit a written request containing the following data:

A. Your name or social reason and address, as well as your legal representative including telephone and fax numbers;

B. The addresses of the interested parties that appear in the mailing list;

C. Identification of the final resolution being challenged and the issuing authority and, where applicable, the reference to the official publication of that resolution, or in case of non-disclosure published, the date on which the notification of the contested decision was received;

D. Description of the procedure in which you intervened, and

E. The violations or grievances caused by the final resolution, and

II. Once the application has been filed, the Secretariat shall request, in accordance with the provisions of the international treaty or convention concerned, the initiation of the dispute settlement.

CAPITITLE XI

Special Procedures

ARTICLO 117 A.- The procedure referred to in Article 89 A of the Act shall be substantial as follows:

I. The application shall be submitted in writing to the competent administrative unit of the Secretariat, by the individual concerned or by the person acting in his/her representation, accompanied by the supporting documents, and meet the following requirements:

A. The legal bases and reasons for the request;

B. The description of the goods concerned, their physical characteristics and technical specifications, origin, function, use and nature; components or inputs used in their manufacture and other data that individualize it, as well as the tariff description and classification according to the Tariff of the General Tax of Import and Export. The request shall be accompanied by samples, catalogues and other elements to identify the goods, and

C. The autograph signature of the data subject or who acts in its representation;

II. If appropriate, the Secretariat shall publish in the Official Journal of the Federation the decision initiating the procedure within twenty days. following the submission of the application or, where appropriate, the response to the prevention and shall notify the parties concerned that it has knowledge. In this resolution, persons who consider having an interest in the procedure shall be called upon to express, within a period of 15 days from the day following that of their publication, what is appropriate to their right, and

III. The Secretariat shall publish the final decision in the Official Journal of the Federation within a period of 60 days from the day following the publication in the Official Journal of the Federation of the decision initiating the procedure and shall notify it to the parties concerned.

If the Secretariat confirms that the goods in question are subject to payment of the compensatory fee, it shall be paid in conjunction with the corresponding surcharges of compliance with the applicable tax provisions.

ARTICHAPTER 117 B.- The Countervailing Quota Avoidance or Safeguarding Measures procedure referred to in Article 89 B of the Act substantial as follows:

I. The application shall be submitted in writing to the competent administrative unit of the Secretariat, by the individual concerned or by the person acting in his/her representation, accompanied by the supporting documents and meeting the following requirements:

A. Enunciate the resolution in question and the description of the facts that it considers constitute the circumvention;

B. The fundamentals and reasons that support the request, and

C. The autograph signature of the data subject or who acts in its representation;

II. If appropriate, the Secretariat shall publish in the Official Journal of the Federation the decision initiating the procedure within twenty-five years. days following the submission of the application or, where appropriate, the response to the prevention and shall notify the parties concerned that it has knowledge. In this resolution it shall summon the importer, exporter or, where appropriate, the foreign government concerned, so that, within a maximum of twenty-eight days, counted from the day following that of its publication, they shall state what they are entitled to Convenient;

III. After the expiration of the offer period of evidence, a public hearing will be held and the deadline for the parties to submit their pleadings, and

IV. The Secretariat shall publish the final decision in the Official Journal of the Federation within a period of one hundred and thirty days from the following day of the publication of the commencement resolution, and shall notify the relevant interested parties.

ARTICLO 117 C.- The procedure referred to in Article 89 C of the Act shall be substantial as follows:

I. The application shall be submitted in writing to the competent administrative unit of the Secretariat, by the individual concerned or by the person acting in his/her representation, accompanied by the supporting documents, and meet the following requirements:

A. Enunciate the resolution in question and the description of the aspect or aspects that it requests to be clarified or specified;

B. The fundamentals and reasons that support the request;

C. The others that allow the authority to resolve the request, and

D. The autograph signature of the data subject or who acts in its representation;

II. The application is received and, if appropriate, the Secretariat will respond to the person concerned within a period of 60 days, from the date of following the submission of the application. The response to the request referred to in this Article shall be published in the Official Journal of the Federation and the interested parties shall be notified of their knowledge.

ARTICLO 117 D.- The procedure referred to in Article 89 D of the Act shall be substantial as follows:

I. The application must be submitted in writing, to the competent administrative unit of the Secretariat, to the individual concerned or to the person acting in his/her representation, accompanied by the documents that credit it, to comply with the requirements provided in the Law, to present duly requested the respective form that to this effect the Secretariat will issue and to record the signature autograph of the interested party or from whom it acts in its representation;

II. If appropriate, the Secretariat shall publish in the Official Journal of the Federation the decision initiating the procedure within twenty-five years. days following the submission of the application or, where appropriate, the response to the prevention. In this resolution, the parties concerned shall be called upon to express, within a period of twenty-eight days from the day following that of their publication, what is appropriate to their right;

III. After the expiration of the offer period of evidence, a public hearing will be held and the deadline for the parties to submit their pleadings, and

IV. The Secretariat shall publish the final decision in the Official Journal of the Federation within a period of one hundred and thirty days from the following day of the publication of the initiating resolution, and shall notify the parties concerned that it has knowledge.

ARTICHAPTER 117 E.- The procedure referred to in Article 89 E of the Act shall only proceed for those interested parties who present their request and that, in accordance with international trade agreements or conventions to which Mexico is a Party, have that right.

The application must be submitted in writing, to the competent administrative unit of the Secretariat, by the individual concerned or by the person acting in his/her representation, and accompany the documents that credit it.

Where appropriate, the Secretariat shall reply to the person concerned within a period of 60 days from the day following that of the presentation of the request.

The response to the request referred to in this Article shall be published in the Official Journal of the Federation and shall be notified to the data subject.

TITLE VII

SAFEGUARD MEASURE PROCEDURE

CHAPTER I

General provisions

ARTICULO 118.- The request by interested party to initiate an administrative investigation into safeguard in addition to being submitted in writing and complying with the requirements laid down in Articles 50 and 51 of the Act, it shall be submitted with the form issued by the Secretariat, which shall contain the following:

I. The competent administrative authority to which it is promoted;

II. Your name or social reason and address and, if applicable, your representative, accompanying the documentation that accredits it;

III. The main activity of the promote;

IV. Volume and value of the national production of the identical product, similar or directly competitor to the import;

V. Description of your participation, in volume and value, within national production;

VI. The legal bases on which it is based;

VII. Description of the goods for which the import is concerned, accompanying the specifications and characteristics comparatively with the national production and the other data to be identified by the individual; the volume and value that was imported on the basis of the corresponding unit of measure and its tariff classification in accordance with the Tariff of the General Import and Export Taxes Act;

VIII. The name or social reason and address of those who made the import by clarifying whether it was performed on one or more operations;

IX. Name of the country (s) of origin or countries of origin or origin of the goods in question, and the name or social name of the person (s) who have made the export;

X. Analysis of the competitive position of the national production that it represents;

XI. The adjustment program that will be used in case of a safeguard measure, and its viability;

XII. Description of facts and data showing that increased imports cause serious harm or threat of serious damage to the national production branch of identical, similar or directly competing merchandise, and

XIII. Where applicable, a description of requests for other regulatory or trade restriction measures in relation to the merchandise subject to the request.

The application referred to in this Article shall have the self-working signature of the person concerned or the person acting in his/her representation.

The application and supporting documents must be submitted in original form and in as many copies as the Secretariat points out in the official form.

The transfer copies must be submitted at the latest with the response to the prevention, in as many copies as importers, exporters and, where appropriate, governments The foreign ministers are appointed in their request and in the response to prevention. Such copies shall be submitted by the means determined by the Secretariat. If this obligation is not met, the application will be abandoned.

The investigation procedure shall not preclude the dispatch to the relevant customs office of the goods involved in the investigation.

ARTICHAPTER 119.- The investigation procedure on safeguard measures shall comprise the imports of identical, similar or directly competing with those of national production which had been carried out for a period of normally one year and in no case less than six months, which shall be as close as possible to the submission of the application.

The investigation period referred to in the preceding paragraph may be amended in the judgment of the Secretariat.

ARTICLO 120.- The Secretariat may at one time, prevent the applicant from clarifying, correct or complete its application, indicating in form Its shortcomings and inaccuracies are concrete. After the twenty days referred to in Article 52 (II) of the Law, the Secretariat shall give it a course, discard it or declare it abandoned, as appropriate.

ARTICLE 121.- Satisfied the requirements of Law, the Secretariat will accept the application and formally declare the initiation of the investigation by publication in the Official Journal of the Federation of the resolution of initiation of the investigation and the interested parties will be notified.

ARTICLE 122.- In the notification referred to in the previous article, the Secretariat shall require interested parties to provide evidence and information to the parties. relevant, for which you will use the forms that you set the dependency itself.

ARTICLE 123.- The Secretariat will assess the feasibility of the competitive adjustment program presented by national producers. This programme will be derived from an analysis of the factors influencing and determining the competitiveness of the sector, from which the actions and the estimated time for their implementation will be defined; these actions may vary as a result of the an assessment by the Secretariat of the information provided by the interested parties in the course of the proceedings and of which it obtains.

ARTIC 124.- The resolutions declaring the acceptance of the request and the beginning of the administrative investigation, or impose Provisional or definitive safeguard measures shall be based and reasoned. They should therefore contain the following data:

I. The competent authority issuing the act;

II. The name or social reason and address of the applicant or applicants for the investigation;

III. The name or business name and address of the importer and/or the exporters of which the knowledge is known;

IV. The country or countries of origin or origin of the identical, similar or directly competing merchandise;

V. The description of the procedure in question;

VI. The description of the merchandise under investigation, indicating, among other data, the tariff fraction corresponding to the Tariff of the Law of the General Import and Export Taxes;

VII. The description of the identical, similar or directly competing national merchandise to the merchandise under investigation;

VIII. The investigation period;

IX. The reasoning and circumstances considered by the authority to issue the resolution, and

X. Other data to be agreed upon in the international treaties or conventions of which Mexico is a party, and those deemed by the Secretariat.

CHAPTER II

Starting Resolution

ARTIC 125.- In addition to the data noted in the previous article, the start resolution must contain:

I. A call to interested parties, and foreign governments, to make them appear to manifest what is right for them;

II. The period for offering testing, and

III. The mention that the signatory countries of the treaty or international convention of which Mexico is a party will be notified in order to hold consultations.

CHAPTER III

Final Resolution

ARTICLE 126.- In addition to the data referred to in Article 124 of this Regulation, the final resolution shall contain:

I. The description of the serious damage or threat of serious damage to the national production branch;

II. The description of the volume and the conditions in which the imports were made;

III. The type of safeguard measure that is set;

IV. The intended duration of the safeguard measure or, if not possible, the mention of the transience of the measure;

V. If possible, the calendar for the progressive release of the safeguard measure;

VI. The indication that the signatory countries of the international treaty or convention of which Mexico is a party, the meaning of the resolution issued, shall be notified;

VII. The mention that the Secretariat of Finance and Public Credit will be notified for the timely implementation of the measure imposed, and

VIII. The date the final draft resolution was submitted to the Commission's opinion and the sense in which it is opined.

ARTICLE 127.- The Secretariat will recommend to the Federal Executive the type, amount or duration of the safeguard measures, including the relevant explanation and justification. respective. In this recommendation, the Secretariat should take into account:

I. The short-and long-term social and economic costs and benefits of implementing the measure;

II. The costs of not applying the proposed measures;

III. The effect of measures on consumers and competition on the internal market;

IV. Alternatives that involve lower costs for the sectors involved;

V. Where appropriate, the impact of the compensation that would have to be granted in the framework of the international commitments entered into on the other national industries concerned, and

VI. Other factors related to public interest or national security.

The Secretariat may also recommend other measures or actions that may contribute to the competitive adjustment of the sector without restricting trade flows.

CHAPTER IV

Interim safeguard measures in the face of critical circumstances

ARTICLO 128.- Repealed.

ARTICLE 129.- The request by interested party to initiate an administrative investigation to impose safeguard measures in critical circumstances must be tabled in writing, stating the need to implement the safeguards regime, together with relevant information and evidence that are reasonably within its scope.

The application shall contain the data referred to in Article 118 of this Regulation, except for the adjustment programme provided for in part XII of that Article and, in addition, explanation of the hard-to-repair damage that would occur when delaying the application of safeguard measures.

The adjustment programme shall be submitted within a period not exceeding 30 days after the publication of the resolution establishing safeguard measures. provisional.

ARTICLE 130.- The resolution imposing provisional safeguard measures referred to in Article 78 of the Law shall contain, in addition to the data referred to in Article 124 of the this Regulation, the following:

I. Description of critical circumstances caused by severe damage or threat of severe damage;

II. The type of safeguard measure that is set, and

III. The mention that the Secretariat of Finance and Public Credit will be notified for the timely implementation of the measure imposed.

ARTICLE 131.- The resolution imposing definitive safeguard measures as referred to in Article 79 of the Act shall contain, in addition to the data referred to in Article 124 of the this Regulation, the following:

I. In the event that there is a confirmation of a serious injury or threat of serious damage caused to the national production branch by the increase of the imports in volumes and conditions referred to in the Law and this Regulation:

A. Description of the severe damage or threat of serious damage to the national production branch;

B. Description of the volume and conditions in which the imports were made;

C. The type of safeguard measure that is set;

D. The mention that the Secretariat of Finance and Public Credit will be notified for the timely application of the measure imposed, and

E. The date the final draft resolution was submitted to the Commission's opinion and the sense in which it is opined.

II. In case it is found that increased imports in volumes and conditions do not cause or threaten to cause serious damage to the production branch national, the reference to the conclusion of the administrative investigation procedure without imposing safeguard measures.

CHAPTER V

Other Provisions

ARTICLE 132.- The Secretariat will submit to consultation with representatives of the productive sectors, the establishment of the compensation measures according to the treaties or international conventions to which Mexico is a party, must be adopted. In any event, the Secretariat shall be in the public interest.

ARTICLE 133.- Imposed the corresponding safeguard measure, the Secretariat will periodically review the progress of the adjustment program, in order to make sure the progress of its compliance, and, where appropriate, consider changing circumstances that prevent compliance, allowing for changes or appropriate adjustments.

ARTICLE 134.- The safeguard measures will be applied only during the period that is necessary to prevent or repair the serious damage and facilitate readjustment. The duration of the safeguard measures shall be determined by the Secretariat on the basis of the assessment of the adjustment programme and the implementation of the actions defined therein. In any case, the stipulations provided for in the international treaties or conventions of which Mexico is a party will be observed.

TITLE VIII

COMMON RULES ON PROCEDURES FOR UNFAIR INTERNATIONAL TRADE PRACTICES AND SAFEGUARD MEASURES

CAPITITLE I

General provisions

ARTICLE 135.- In the absence of express provision in this Regulation regarding administrative procedures in the field of unfair international trade practices and Safeguard measures will be applied in an extra way to the Federation's Fiscal Code Regulation, in accordance with the nature of these procedures. This provision shall not apply with regard to notifications and verification visits.

The processing and resolution of the investigation procedures referred to in this Title, which under the law will be initiated on their own initiative, will be subject to the same legal and legal provisions. regulations pertaining to research promoted at the request of a party.

ARTICLO 136.- For the purposes of Article 50 of the Act, legally constituted organizations shall be considered as chambers, associations, confederations, councils or any other grouping of producers formed in accordance with Mexican laws, having as their object the representation of the interests of the natural or moral persons engaged in the production of the goods identical, similar or, in the case of safeguard measures, directly competitors with the import.

ARTICLO 137.- Any legally constituted organization, physical person or producer moral, who submitted the application to which the Article 50 of the Law, may be waived, as follows:

I. If done prior to the publication of the investigation initiation resolution, the investigating authority shall agree the provenance of the withdrawal, and

II. If performed after the publication of the investigation initiation resolution, the investigating authority shall declare the origin of the withdrawal and publish a notice in the Official Journal of the Federation.

ARTICLE 138.- In the investigation procedures referred to in this Title, the Secretariat shall integrate an administrative file in accordance with which it will dictate the correspond.

The administrative file will be integrated by:

A. Documentary or other information that is presented to the Secretariat or is obtained in the course of administrative procedures, including any communications government-related cases, as well as reports, minutes or memoranda of meetings with one or all interested parties, third parties or interveners;

B. Resolutions that the Secretariat has issued to the effect;

C. The transcripts or minutes of meetings or hearings before the Secretariat;

D. The notices published in the Official Journal of the Federation regarding administrative procedures, including the review, and

E. The minutes raised in the Commission sessions in which the establishment of safeguard measures and final draft resolution projects are concerned International trade unfair as well as draft resolutions in which the Secretariat accepts the commitment of foreign exporters or governments referred to in Article 72 of the Law.

ARTICULO 139.- Of any communication made directly or by another conventional or electronic means, between the Secretariat and any party In the case of international trade and the protection of the environment, the Commission will also be responsible for the implementation of the European Community's internal market, and the Commission will also be responsible for this. the conclusions obtained. This report will also contain the name and position of the public server that prepares, places and signs autograph.

ARTICLO 140.- The submission of copies of the reports, documents, or means of evidence referred to in Article 56 of the Law, will be made on the same day as your Presentation to the Secretariat. Interested parties shall send by any means, including electronic means, copies to other interested parties appearing in the decision initiating the proceedings or in the list of parties to be provided by the Secretariat with after. This obligation does not exempt the investigating authority from providing, at the expense of the interested parties, a certified copy of the public information on the administrative file.

At the time of delivery of the documentation referred to in the preceding paragraph, the interested parties must also present a record of the shipment of the same to the other interested parties, as well as the corresponding acknowledgement of receipt stating the name of the sender and the date of receipt, in accordance with the formats issued by the Secretariat.

If the parties concerned do not comply with the transfer, the Secretariat may not take into account the information from which no transfer has been carried out and resolve on the basis of the facts of the knowledge. The party that has not received the shipment shall inform the Secretariat.

ARTICLE 141.- The Secretariat may run the documents referred to in the second paragraph of Article 53 of the Law through electromagnetic means.

CHAPTER II

Notifications

ARTICLE 142.- The Secretariat shall notify the interested parties in writing in writing of the decisions given on the basis of the procedures referred to in this Article. title.

ARTICLE 143.- For the purposes of this Regulation, address is defined as domicile:

I. Dealing with natural persons: the place where the main seat of your business or your representative is located, and

II. Dealing with moral people: the place where the main administration of the business or its representative is located. In the case of moral persons residing abroad, the place where the principal administration of the business is located in his or her country or of which the authority has knowledge or, failing that, the person designated by the person concerned.

ARTICLE 144.- In notifications, the corresponding shipment must be acknowledged. The postal charges for receipt, the certified parts returned, and any other evidence of receipt shall be integrated into the administrative file.

ARTICLO 145.- In cases where the Secretariat has no knowledge of the name or social reason or the address of the persons to whom it is required notify them whether they reside in Mexico or abroad, the notification will be made through the publication of the resolution in the Official Journal of the Federation.

Dealing with persons residing outside the country, the Secretariat shall send the statements referred to in the preceding paragraph to the diplomatic representations of the governments. foreigners, in order to provide what is necessary to disseminate the content of the resolutions.

For the purposes of this article, the publication shall be deemed to be the date of publication in the Official Journal of the Federation.

ARTICLE 146.- The Secretariat shall notify to the visited the conduct of the verification visits referred to in Article 83 of the Law. The notification shall contain:

I. The competent authority that issues it;

II. The name or social name of the people to whom you are directed;

III. The place (s) where the visit will take place, which may be increased upon notification of the visit, as well as the date of its completion;

IV. The foundation and motivation of the visit, as well as its object or purpose;

V. The competent official's signature, and

VI. The name or names of the persons who will make the visit, which may be replaced, increased or reduced in their number, at any time by the Secretariat. In the latter case, the replacement or increase of the persons to be visited shall be notified to the visited. The Secretariat shall also notify the visited if such persons include external consultants.

The notifications will be made in such a way that the interested party receives them at least ten days in advance of the visit, in which time the visited will have to issue their consent to the Secretariat.

CHAPTER III

Public, confidential, reserved commercial and government confidential information

ARTICHAPTER 147.- For the purposes of Article 80 of the Act, the Secretariat, upon written request, shall grant the interested parties the the opportunity to examine all the information contained in the administrative file for the submission of their arguments, in the terms laid down in the Law and in this Regulation. Such information may be reviewed by the parties during the proceedings in respect of unfair practices in international trade and safeguard measures, the appeal for revocation, the judgment before the High Chamber of the Federal Court of Justice. Fiscal and Administrative Justice and Alternative Dispute Settlement Mechanisms in the Field of Unfair International Trade Practices and Safeguard Measures Referred to in International Treaties or Conventions of which Mexico is part.

The Secretariat shall issue a certified copy of the information which is not classified as reserved or confidential contained in the file at the expense of the interested parties the administrative authority to which it is requested, should it be appropriate, in accordance with the provisions of Article 80 of the Law and in this Regulation.

ARTICLE 148.- For the purposes of the procedures to which this title refers, public information shall be considered:

I. The one that has been made known by any means of dissemination, regardless of its coverage, or made available to the public by the person who presents it, or is has granted its consent for a third party to disseminate it;

II. The summaries of confidential information and reserved commercial information presented in the terms of Article 153 of this Regulation;

III. The minutes raised on the occasion of verification visits and their annexes, except as regards confidential, commercial or governmental information confidential;

IV. Any other information or data that in accordance with the Law and this Regulation do not have the character of confidential information, commercial reserved, Confidential government and its disclosure, as well as that which in terms of the Federal Law on Transparency and Access to Government Public Information is not reserved or confidential.

ARTICLE 149.- For the purposes of the procedures referred to in this Title, and provided that the provisions of Articles 152, 153 and 158 of this Regulation are complied with, consider sensitive information:

I. The production processes of the merchandise in question;

II. The production costs and identity of the components;

III. Distribution costs;

IV. The terms and conditions of sale, except those offered to the public;

V. Sales prices per transaction and per product, except the components of prices such as sales and product distribution dates, as well as transportation if is based on public itineraries;

VI. The description of the type of particular customers, distributors, or vendors;

VII. Where applicable, the exact amount of the price discrimination margin in individual sales;

VIII. The amounts of the adjustments by way of terms and conditions of sale, volume or quantities, variable costs and tax burdens, proposed by the interested party, and

IX. Any other specific information of the company in question whose disclosure or dissemination to the public may cause damage to its competitive position.

(Last paragraph is repealed)

ARTICLE 150.- Reserved commercial information shall be considered, provided that the provisions of Articles 152, 153 and 158 of this Regulation are complied with. may result in substantial and irreversible financial or financial damage to the owner of such information and may include, among other concepts, secret formulas or processes that have a commercial value, not patented and of knowledge exclusive of a small group of people who use them in the production of a trade article.

ARTICLE 151.- The name of the natural or moral persons of whom the interested party obtained relevant information, shall be of the exclusive knowledge of the Secretariat, and may only be disseminated with the consent of such persons.

ARTICLE 152.- Correspond to the interested party to indicate in due time to the Secretariat in their requests, answers, answers or in any form of appearance, the information that has the character of confidential or commercial reserved. Similarly, you must justify why you assign such a character to your information.

ARTICLE 153.- The interested party in which it is treated as confidential or commercial reserved for its information and documents, must submit to the Secretariat a summary public of these. Such a summary shall be submitted in writing and shall be sufficiently detailed to enable the person who is consulted to have a reasonable and comprehensive understanding of the matter.

ARTICLE 154.- For the purposes of the procedures referred to in this Title, confidential government information shall be deemed to be the disclosure of which is prohibited by laws and other provisions of public order, as well as international treaties or conventions to which Mexico is a party.

In any case, data, statistics and documents concerning national security and activities shall be part of the confidential government information. strategic for the scientific and technological development of the country, as well as the information contained in internal communications of the Secretariat, between government agencies, and government to government that are of a confidential nature according to the Law.

ARTICLE 155.- When duly required, the Secretariat shall provide the public, confidential, confidential commercial or confidential government information to the courts. administrative, judicial and dispute settlement mechanisms in the field of unfair practices of international trade and safeguard measures, contained in international trade agreements or agreements of which Mexico is a party, when they are aware of the challenges of final decisions that the Law and this Regulation refer. In any event, the public servant responsible for referring the relevant information to the authorities and mechanisms shall indicate the nature of the information.

ARTICLE 156.- After the expiry of the period referred to in Article 80 of the Law, the Secretariat may issue certified copies of the case file in question or, If so requested, it shall allow the interested parties or their representatives to review the files requested.

ARTICHAPTER 157.- Repealed.

CHAPTER IV

Request for confidentiality of information

ARTICLE 158.- Interested parties or natural or moral persons who, under the Law and this Regulation, participate in the procedures referred to in this Title, shall have the right of the Secretariat to give its information confidential treatment or reserved commercial information. For this purpose, the individual concerned shall comply with the following requirements:

I. Submit the written request;

II. Justify why your information has the character of confidential or commercial reserved;

III. Submit a summary of the information or, where appropriate, the exposure of the reasons why it cannot be summarized, and

IV. Where appropriate, express written consent that your information marked as confidential may be reviewed by legal representatives of the other interested parties.

ARTICLE 159.- For the purposes of Article 80 of the Law, an accredited legal representative shall be deemed to be the natural person who has the authorization of the Secretariat to have access to confidential information, subject to compliance with the following requirements:

I. Submit a written request to the Secretariat in which you manifest the need to review the confidential information;

II. Repealed.

III. Submit the original document or certified copy of it, with which it accredits its representation;

IV. Exhibit the public deed or certified copy thereof, with which you credit the name and faculties of the official of the company that grants the representation;

V. Being resident in Mexico;

VI. To assume and present the commitment of confidentiality, as provided by the Secretariat in accordance with the provisions of the Law and this Regulation;

VII. Manifest in writing to know the responsibilities and penalties in which you might incur in case of violating the confidentiality of the information you are entrusted with;

VIII. Manifest in writing the reasons why the confidential information you request to review is relevant to the defense of your case. In the light of this situation, the Secretariat may qualify when the confidential information will be deemed to be useful in the defence of the case in question;

IX. Commit to the Secretariat to return the original versions of its notes or summaries formulated in the review of confidential information, within of the following ten days after the final resolution has been issued, and

X. Submit the format that the Secretariat issues for such an effect.

The confidential information which, under this Regulation, is entitled to review the legal representatives of the interested parties and the persons who, according to the international treaties or conventions of which Mexico is a party may have access to it, shall be strictly personal and shall not be transferable by any title.

ARTICLE 160.- In addition to the above, the legal representative must comply with the following requirements, without which you may not be authorized to review the confidential information:

I. Not having been convicted of executed sentence for intentional crime;

II. Gozar with good personal and professional reputation;

III. Not having been a partner, having held a managerial position or having served as a proxy or employee of the company that intends to represent, or any of the stakeholders or interveners in the ongoing procedures, in the last year, and

IV. Exhibit any form of guarantee for the amount to be fixed by the Secretariat in accordance with the Fiscal Code of the Federation, for the case in which it is incurred some of the illegal ones described in section VI of article 93 of the Law. The guarantees may be cancelled after the publication of the decision in question, provided that the obligation referred to in Article 159 (IX) of this Regulation has been fulfilled.

Covered the requirements, the Secretariat will have the legal representative accredited and will issue the respective constancy within a period of ten days counted to from the lodging of the application; this period shall not apply to the constances or authorizations issued in connection with the dispute settlement procedures provided for in the international trade agreements or conventions of which the Mexico is a party, or in the rules of procedure or provisions of these emanen.

ARTICLE 161.- For the purposes of the procedures referred to in this Title, the review of confidential information shall be carried out at the offices of the Secretariat, in the presence of of an official of this dependency. The Secretariat shall give reasonable time to the legal representative to carry out the review of confidential information, in which it may draw up notes or summaries.

(Second paragraph is repealed)

CAPITITLE V

Tests and pleadings

ARTICLE 162.- The Secretariat will accept as means of testing public and private documents, expert opinions, recognition or administrative verification, testimonial evidence, presumptions and any other means of proof not prohibited by law.

ARTICHAPTER 163.- The probative period will comprise from the day following the publication in the Official Journal of the Federation of the beginning of the administrative investigation, until the closure of the public hearing referred to in Article 81 of the Law.

ARTICASE 164.- After the period referred to in Article 53 of the Act, the Secretariat shall give the applicants and, where appropriate, their interveners, so that within the next eight days they present their counter arguments or replicas.

As of the publication in the Official Journal of the Federation of the preliminary ruling referred to in Article 57 of the Law, the Secretariat shall grant a period of 20 days for interested parties to present the arguments and additional evidence they consider relevant.

ARTICLE 165.- The purpose of the public hearing shall be that the parties concerned and, where appropriate, their interveners interrogate or refute their counterparts in respect of the information, data and evidence to be submitted.

The public hearing will be held in those procedures as expressly provided for in this Regulation.

ARTICLE 166.- Open the hearing, the representative of the Secretariat shall put to the discussion, at the points it deems necessary, the evidence presented by the requesting party. Subsequently, the use of the word shall be granted to importers, foreign exporters and domestic producers in that order. Each party shall use the word, alternatively, for twice the evidence provided by the other parties. The Secretariat shall, after agreement with the parties concerned, set the maximum time for each intervention, without prejudice to the extension of the participation of the interested parties for as long as it deems necessary.

ARTICHAPTER 167.- Repealed.

ARTICLE 168.- The discussion referred to in the above articles may consist of rebuttal arguments and interrogations of the interested parties. The representative of the Secretariat may require the parties concerned to repeat the discussions in order to clarify the points at issue. This hearing will observe the rules of confidentiality of the information provided by the Law and this Regulation.

ARTICLE 169.- The absence of any interested parties, experts and other persons who, by the nature of the evidence, should appear, shall not prevent the conclusion of the public hearing.

ARTICLE 170.- Of the public hearing, a record shall be drawn up in which the facts of the matter are recorded in detail, which shall be signed by the parties. interested and the representative of the Secretariat, referring to the case file.

ARTICLO 171.- Only during the test offering periods will the interested parties be able to present the information, evidence, and data that considers relevant in defence of their interests. However, the Secretariat may agree outside the probative period, the practice, repetition or extension of any evidence or probative diligence, provided that it considers it necessary and is conducive to the best knowledge of the truth about the facts being investigated.

ARTICLE 172.- After the end of the probative period, the Secretariat will open a period of arguments in which interested parties may submit their findings in writing. on the substance or incidents occurring in the course of the proceedings. In this case, the confidentiality rules laid down in the Law and in this Regulation will be observed.

CHAPTER VI

Verification visits

ARTICHAPTER 173.- For verification visits referred to in Article 83 of the Act the following rules must be observed:

I. The visits shall be carried out at the place indicated by the interested party to visit;

II. The visits will be attended by the visited or its accredited representative, or by the person who will be on the date the visit is made;

III. At the beginning of the visit, the visitors who will intervene must identify themselves with the person or persons with whom the diligence, requiring it to appoint two witnesses. If they are not appointed or the appointees do not agree to serve as such, the visitors will appoint them, stating this in the minutes that they raise without making any of the results of the visit;

IV. The interested parties, their representatives, or the person with whom the visit is understood, are obliged to allow the visitors appointed by the Secretariat access to the place or places subject to the diligence and to make available to them the accounts and other documents supporting the information presented in the course of the investigation. In this case, the visitors will be able to obtain a copy so that they will be attached to the record that will be lifted on the occasion of the visit. They shall also allow for the verification of goods, documents, discs, tapes or any other processing means of data storage with the interested party in the places visited.

If the interested party to whom you visit carries his/her accounting or part of it with the electronic registration system, they must be made available to the visitors computer equipment and its operators, to assist them in the development of the visit;

V. Of any visit, the minutes shall be drawn up in which the facts or omissions known to the visitors shall be recorded in a circumstantial manner;

VI. Concluded the verification and lifted the respective record, no additional minutes may be lifted without a new notification;

VII. Concluded the verification and lifted the respective act, the interested parties or their representatives may submit to the Secretariat their objections, opinions and supplementary information which the authority itself would have required during the verification, within the following five days from the closing of the respective minutes. If, within this period, no opinions or objections have been raised on the content of the minutes, the facts or omissions in the minutes shall be accepted, and

VIII. The minutes of the verification visit shall be signed by the visitors, the interested party or their representative or with whom the diligence and by witnesses. If they refuse to sign the respective act of any of the persons mentioned, the visitors shall record this fact in the minutes without affecting their validity and probative value.

The Secretariat may carry out verification visits in all procedures regarding unfair practices of international trade and safeguard measures, including the special procedures referred to in the Law and this Regulation.

ARTICLE 174.- The Secretariat shall be empowered to require third parties who have had a business relationship with the interested party to visit, such as their suppliers, clients and leaders, the information and data that allow you to verify the veracity of the information rendered, both in the course of the investigation and in the development of the visit.

ARTICLE 175.- The Secretariat may require the information, data, and accounting documents and of any other nature to the interested parties, in order to verify the accuracy of the their statements and statements at the official address of the Secretariat.

The visited will have the right to indicate whether the information or data to be given to the visitors is of a confidential or commercial nature reserved, provided that it complies with the provisions laid down in this Regulation.

The provisions of Articles 152 and 153 of this Regulation may be complied with in the course of the visit or within the period referred to in Article 173 (VII). of the same order.

ARTICLE 176.- The Secretariat may contract the services of specialized advisory companies that support it in the investigation, verification and verification of information and data that you require to be able to issue your resolutions.

TITLE IX

MIXED COMMISSION FOR EXPORT PROMOTION

CHAPTER I

General layout

ARTICLO 177.- In the terms of the provisions of Article 7o of the Law, the Joint Commission is intended to analyze, evaluate, propose and to coordinate public and private sectors in the field of foreign trade in goods and services within the framework of the National External Promotion System.

CHAPTER II

Structure

ARTICLE 178.- The Joint Commission shall be made up of the following agencies, entities and agencies:

I. Federal Public Administration dependencies and entities:

A. Foreign Secretary;

B. Finance and Public Credit Secretariat;

C. Secretariat for Environment and Natural Resources;

D. Secretary of Energy;

E. Secretary of Economy;

F. Secretary of Agriculture, Livestock, Rural Development, Fisheries and Food;

G. Communications and Transport Secretariat;

H. Health Secretary;

I. Work and Social Security Secretariat;

J. Secretary of National Defense;

K. National Financial, National Credit Society, and

L. National Foreign Trade Bank, National Credit Company.

I bis. Federative entities, subject to agreement between them and the Secretariat;

II. Private sector bodies that expressly express their will, whose charges will be honorary, and for their performance will not charge salary or emolumento one:

A. Business Coordinating Council;

B. National Association of Importers and Exporters of the Mexican Republic;

C. Mexican Business Council for Foreign Trade, Investment and Technology, A.C.;

D. Latin American Confederation of Customs Agents;

E. Confederation of Associations of Customs Agents of the Mexican Republic;

F. Employers ' Confederation of the Mexican Republic;

G. National Confederation of Chambers of Commerce;

H. National Confederation of Industry Chambers;

I. National Chamber of Transformation Industry;

J. Mexico City National Chamber of Commerce, and

K. National Agricultural Council.

In addition, the Joint Commission may invite other representatives of the agencies and entities of the Federal and State Administration and the sector to join private, where matters relating to their respective powers or to the interests they represent are dealt with.

Each of the agencies, entities and agencies identified in this article, will designate a single permanent representative.

ARTINULL 179.- Repealed.

CHAPTER III

Mixed Commission Functions

ARTICLE 180.- To meet the objectives referred to in Article 177 of this Regulation, the Joint Commission shall perform the following functions:

I. Design and implement policies, guidelines, mechanisms and criteria for the promotion of exports of goods and services;

II. Design and implement mechanisms to ensure the proper coordination of the actions of the agencies and entities of the Federal Public Administration in the field of promotion of exports and, in particular, propose and promote measures for the streamlining of administrative procedures and the removal of obstacles to the good performance of the exporting sector;

III. To determine, in conjunction with the governments of the federative entities, the procedures for participation, communication and consultation that allow for the appropriate coordination of policies and actions aimed at the promotion of exports of goods and services, as well as the strategies and actions to be coordinated with the governments of the federative entities;

IV. Formulate and establish policies and actions of concertation with private sector representations for the promotion of foreign trade, as well as support specific to promote export projects with commercial, technical and financial viability;

V. Reunite at its various levels and modalities to evaluate and rule on the measures to be taken, in order to ensure that the projects and actions and resolutions agreed upon the Joint Committee is to be carried out in its entirety and promptly;

VI. Establish the specialized groups that you consider convenient for the expeditious resolution of issues related to the promotion of exports;

VII. To actively participate in the reform or adequacy of the normativity related to the export activity;

VIII. Promoting export culture through the organization of events and seminars on foreign trade, the development of publications in the field and the linking of between the educational institutions and the Joint Commission, among others;

IX. Promote the participation of companies in the National Export Award, and

X. The others I pointed out to the Federal Executive and are necessary to analyze, evaluate, propose and agree actions between the public and private sectors in foreign trade in goods and services.

CHAPTER IV

Of your levels and modes

ARTICLO 181.- For the best performance of its functions, the Joint Commission will work through an electronic site, through which they can be present proposals or cases in the field of external trade in goods or services.

The cases submitted shall be resolved within a maximum of 30 calendar days from their submission.

The Secretariat shall publish by rules the attention procedure and the format to present cases, after consultation with the members of the Joint Committee.

The Secretariat will coordinate the establishment and operation of a National Foreign Trade Information Service, whose objective will be to provide information tariff, regulations and non-tariff restrictions of the agencies and agencies involved in foreign trade, as well as relevant information related to the procedures for dealing with regulations and restrictions customs duties applicable on the entry and exit of goods from national territory, by electronic means and for information purposes only.

The National External Trade Information Service will facilitate access to information through electronic tools, available at a single point for your consultation, and establish mechanisms for the homogenization, standardization, monitoring and updating of the information presented.

ARTICHAPTER 182.- Repealed.

ARTICLO 183.- Repealed.

ARTICLO 184.- Repealed.

ARTICHAPTER 185.- Repealed.

ARTICHAPTER 186.- Repealed.

CHAPTER V

Mixed Commission procedures

ARTICHAPTER 187.- Repealed.

CHAPTER VI

Functions of the Presidents of the Joint Commission

ARTICLO 188.- Repealed.

CHAPTER VII

Functions of Technical Secretaries

ARTICHAPTER 189.- Repealed.

TITLE X

NATIONAL EXTERNAL PROMOTION SYSTEM

ONLY CHAPTER

ARTICLE 190.- The National System of External Promotion is established as a mechanism for coordinating the activities of trade promotion and investment that make the dependencies and entities of the Federal Public Administration, as well as means to disseminate to the programs and promotional schemes established by the Federal Executive.

ARTICLE 191.- The National External Promotion System will have the following objectives:

I. Coordinate the promotion of commercial and investment projects carried out by the country's different public and private institutions to achieve greater efficiency in the process;

II. Concentring business opportunity information into a single network, accessible to all public and private bodies performing promotional tasks, and

III. Develop a system of general utilization computing, which allows the methods of capturing business opportunities to be uniform, as well as monitoring and evaluation of the projects.

ARTICLE 192.- Correspond to the Secretariat for the administration, coordination and dissemination of the National External Promotion System.

ARTICLE 193.- The Secretariat, through the conclusion of coordination agreements with the governments of the States and the agencies and agencies of the Public Administration Federal, will establish the coordination mechanisms for the operation of the National System of External Promotion, in order to ensure the execution of joint actions in the field, and to disseminate common strategies of promotion.

ARTICLE 194.- The Secretariat will be able to establish concertation agreements to integrate the operation of the National System of External Promotion to the private bodies that develop commercial and investment business promotion efforts in and out of the country.

ARTICLE 195.- The National External Promotion System will consider as the scope of its operation four aspects of promotion that correspond to the possibilities of generating Business between domestic companies and foreign economic operators:

I. Promotion of the internal demand of companies established in Mexico by foreign investment and strategic alliances;

II. Promotion of the international supply of foreigners with interest to invest in Mexico or to sign productive and commercial alliances with Mexican companies;

III. Promotion of Mexican exportable offering, and

IV. Promotion of international demand for Mexican products.

ARTICLE 196.- The National External Promotion System will integrate and update, in support of investors and exporters, information regarding various aspects of interest to Decision-making which shall include at least the following modules:

I. External Trade Services Center;

II. Special Missions, Fairs, and Events Program;

III. Mexico Commercial Information System;

IV. Information about the national production of goods and services;

V. Options for locating investment projects in states, cities, and industrial parks;

VI. Information about funding sources;

VII. General economic information about each productive activity;

VIII. Specific legal information for each sector;

IX. Commercial Promotion Systems of the National Foreign Trade Bank;

X. Information about tenders on the outside, and

XI. Directory of consultants.

ARTICLE 197.- The Secretariat will establish the National System of External Promotion, which will contain the initiatives and business projects captured by the agencies. promoters.

The latter include public institutions and other people who develop international promotion, productive and commercial alliances, and foreign trade. The corresponding information will be obtained through a Commercial and Investment Interest Identification Cdula, with which they will be integrated:

I. The Trade and Investment Interest Opportunities Directory, and

II. The National Project Portfolio.

ARTICLE 198.- The Secretariat shall establish rules to disseminate trade and investment opportunities, and to ensure the confidentiality of the information provided for companies.

ARTICLE 199.- The Special Program of Missions, Fairs and Events will be established annually, which will aim to promote trade and investment. In order to formulate, execute and revise this Program, within the National System of External Promotion, a committee chaired by the Secretariat will be integrated, for which it will convene the following entities and agencies:

I. National Foreign Trade Bank, National Credit Company;

II. National Financial, National Credit Society;

III. Mexican Investment Council;

IV. Business Coordinating Council;

V. National Association of Importers and Exporters of the Mexican Republic;

VI. National Foreign Trade Council;

VII. Mexican Business Council for International Affairs;

VIII. National Confederation of Chambers of Commerce;

IX. National Confederation of Industry Chambers;

X. Mexico City National Chamber of Commerce, and

XI. Other agencies to be determined by the Secretariat.

ARTICLE 200.- The Secretariat will release the manual of procedures that will allow the proper operation of the National System of External Promotion.

TITLE XI

NATIONAL EXPORT AWARD

ONLY CHAPTER

ARTICLE 201.- The National Export Award is established as an instrument of the Federal Government to award and annually recognize the effort, constancy and creativity of the national exporters and the institutions supporting the export activity. In particular, the Prize will have the following objectives:

I. Stimulating the increase and diversification of sales of Mexican products abroad;

II. Disseminate internationally the quality and competitiveness of Mexican exportable offerings;

III. Take root a strong export culture among national economic agents, and

IV. Encourage the development of mechanisms that support the growth of Mexican exports.

ARTICLE 202.- The organization, promotion and dissemination of the National Export Award will be in charge of the area designated by the Secretariat.

ARTICLE 203.- The bases for participating in the National Export Award will be published by the Secretariat through a call to appear in the Official Journal of the Federation and the main national circulation newspapers in the first quarter of each year. The call shall indicate the requirements and information to be delivered by the applicants for registration and selection, as well as the place where such information is to be received and the deadlines to be granted for delivery.

ARTICLE 204.- May participate in the National Export Award all national exporters and public or private companies and institutions, established in Mexico, belonging to the following categories:

I. Small industrial enterprises;

II. Mid-sized industrial enterprises;

III. Large industrial enterprises;

IV. Primary sector companies and agro-industries;

V. Maquiladora companies;

VI. Trading companies;

VII. Service companies, and

VIII. Institutions that support the export activity.

A prize will be awarded for each of these categories. If no undertaking or institution meets the minimum required in one or more of the categories, the award of the relevant category shall be declared desert. The Secretariat may also create new categories or modify existing categories prior to the publication of the respective call.

ARTICLE 205.- The categories referred to in the previous article will be determined according to the following criteria:

I. Small industrial enterprise, which occupies up to 100 people. This category will include natural persons;

II. Mid-sized industrial enterprise, which occupies 101 to 250 people;

III. Large industrial enterprise, which occupies more than 251 people;

IV. Primary and agro-industry enterprise, which produces agricultural, forestry or fishery goods, including processed products, for export, as well as dedicated to the production of goods derived directly from the mining activity for export;

V. Maquiladora enterprise, which has the corresponding registry granted by the Secretariat;

VI. A trading company, which performs purchase and sale of goods with the outside;

VII. Service company, which provides or exports export support services, and

VIII. Institution that supports export activity, which encourages the development of mechanisms for the growth of Mexican exports or promotes activities teaching and research in the field of external trade.

The Secretariat may modify these criteria prior to the publication of the respective call.

ARTICLE 206.- In the assessment to award the National Export Award, companies and institutions will be considered to meet the following characteristics:

I. That your activity contributes to a sustained export process in your areas of production of goods or services;

II. That they present a general description of their systems and processes to achieve export, as well as the quantitative and qualitative results they have achieved, and who are willing to have a group of experts in the field verify the information presented;

III. That they are willing, if they are awarded, to publicise the information of the primordial aspects of their systems, processes and achievements in the field of export, in order to enable them to serve as an example to other companies;

IV. That they have not been severely punished in the field of taxation or in the administrative field, in the immediate year prior to that of the call for the award of the National Export Award;

V. That have made a relevant contribution to the knowledge and application of new theories, techniques, or procedures for the export of products or services, and

VI. That they have contributed to a new improvement or technique in the services related to exports, favoring their increase or their diversification.

ARTICULO 207.- National Export Award applicants must submit to the coordinating area designated by the Trade Secretariat A detailed description of their systems, processes and achievements in relation to exports or related activities, as well as the documentation and statistics with respect to the following aspects:

I. Focus or strategy used in the export or afin activity process;

II. The depth and scope of the instruments that are applied in the export process;

III. Recognition and observations of its suppliers, users, or beneficiaries;

IV. Economic percussion that these activities have had within the company or institution, including savings and benefits achieved;

V. Export levels achieved verifiable by statistical evidence;

VI. Extending international markets;

VII. Comparison of achievements made with those of other companies or institutions that produce similar goods or services within or outside the country;

VIII. The impact on the national community derived from the export process or afin activity, and

IX. The others that you consider the Secretariat and are flagged in the call.

ARTICLE 208.- All the information and documentation provided by the participants to the coordinating area of the Secretariat's National Export Award will be strictly confidential and for internal use of the Evaluator Committee.

ARTICLE 209.- The Secretariat will integrate a Evaluator Committee, which must:

I. Analyze and evaluate the veracity of the information and authenticity of the documentation presented by the participants in the terms prescribed in the call to participate at the National Export Award, and

II. Set the evaluation criteria for companies and institutions and point out which of them will be the finalists to be selected as deserving of the National Award of Export.

ARTICLE 210.- The Evaluator Committee shall be composed of the following members:

I. The Secretary of the Economy, who will preside over it;

II. The Assistant Secretary for Industry and Commerce, who will serve as the Committee's Vice-Chair, and

III. A representative of each of the following dependencies and Federal Public Administration entities:

A. Foreign Secretary;

B. Finance and Public Credit Secretariat;

C. Secretariat for Environment and Natural Resources;

D. Secretary of Energy;

E. Secretary of Agriculture, Livestock, Rural Development, Fisheries and Food;

F. Communications and Transportation Secretariat;

G. Public Education Secretary;

H. Work and Social Security Secretariat;

I. Repealed.

J. National Foreign Trade Bank, National Credit Company, and

K. National Financial, National Credit Company.

The Secretariat may invite representatives of the private sector, as well as foreign trade specialists, to participate in the evaluation tasks, which will be the Advisory Advisory Board of the National Export Award. This invitation will be made each year through a public call that will appear in the Official Journal of the Federation and in two of the main national circulation newspapers, in the first quarter of each calendar year.

ARTICLE 211.- The coordinator of the National Export Award of the Secretariat will issue the mechanics, methodology and analysis material to evaluate the participants.

ARTICLE 212.- The National Export Award will consist of an emblem to be awarded by the Federal Executive in a solemn event to be held in the last quarter of each year. At the Committee's discretion, additional honorific terms and benefits may also be provided.

ARTICLE 213.- The winner of the National Export Award may make use of the respective emblem permanently as long as the year in which it was awarded is entered.

The dissemination of the prize obtained may be carried out through the means of communication deemed appropriate by the winner; such publicity must adhere to the rules established in the corresponding manual.

ARTICLE 214.- The National Export Award is non-transferable, so it may only be held by the participating organization or institution and for no reason whatsoever. any subsidiary or additional plant to the registered one, except in the case where their participation is joint.

ARTICLE 215.- The candidates for the National Export Award who have not been winners will be able to participate again in the contest the following year of their registration. Likewise, the companies and institutions distinguished with the prize will be able to participate again in the contest, after three years of obtaining it.

TRANSIENT

FIRST.- This Regulation shall enter into force on the day following its publication in the Official Journal of the Federation.

SECOND.- In accordance with the provisions of the Third Transitional of the Foreign Trade Law, the Decree establishing the organization and functions of the Commission of Tariffs and Controls on Foreign Trade, published in the Official Journal of the Federation on 8 June 1989; the Decree establishing the Joint Commission for the Promotion of Exports and Establishing its Organization and Functions, published in the Official Journal Official of the Federation on 27 July 1989; the Decree establishing the National Export Award, published in the Official Journal of the Federation on 12 April 1993, and the Regulations on Import or Export Permits of Goods subject to Restrictions, published in the Official Journal of the Federation of 14 September 1977, and all other provisions which are contrary to this order shall be repealed.

THIRD. As long as new forms are issued for export or import permit applications, or modifications to them, forms will continue to be used currently in use.

FOURTH.- Applications for export or import permits that are pending when this Regulation enters into force will be resolved in accordance with the provisions of the same.

QUINTO.- The administrative procedures in the field of unfair international trade practices and safeguard measures that are being processed in accordance with the law Regulations of Article 131 of the Political Constitution of the United Mexican States on Foreign Trade and the Regulation against Unfair Practices of International Trade will be concluded according to these orders.

SIXTH.- The administrative procedures for unfair practices and safeguard measures initiated after the entry into force of the Trade Act Foreign, published in the Official Journal of the Federation on 27 July 1993, shall continue to be processed in accordance with this Regulation.

Given at the Federal Executive Branch, in Mexico City, Federal District, at the twenty-three days of the month of December of a thousand nine hundred and ninety-three.- Carlos Salinas de Gortari.-Heading.-The Secretary of Finance and Public Credit, Pedro Aspe.-Heading.-The Secretary of Commerce and Industrial Development, Jaime Serra Puche.-Heading.