G/ADP/N/1/MEX/1/Suppl.5  
G/SCM/N/1/ME X/1/Suppl.4  
G/SG/N/1/MEX/1/Suppl.4  
13 June 2014  
(14-3438)  Page: 1/27  
Committee on Anti-Dumping Practices  
Committee on Subsidies and Countervailing Measures 
Committee on Safeguards  Original: Spanish  
 
  NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES 18.5, 32.6 AND 12.6 OF THE  
RELEVANT AGREEMENTS 
 
MEXICO  
Supplement 
The following communication, dated 6 June 2014, is being circulated at the request of the 
delegation of Mexico. 
 
_______________ 
 
 Pursuant to Article 18.5 of the Anti-Dumping  Agreement, Article 32.6 of the Agreement 
on Subsidies and Countervailing Measures, and Article 12.6 of the Agreement on Safeguards, 
the delegation of Mexico wishes to notify to the Committee on Anti-Dumping Practices, the Committee on Subsidies and Countervailing Measures, and the Committee on Safeguards the full text of the amendment to Regulations of the Foreign Trade Law. 
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  MINISTRY OF THE ECONOMY 
Decree amending, supplementin g and repealing various provisions of the Regulations 
under the Foreign Trade Law. 
In the margin, a stamp with the national emblem and the words United Mexican States – Office 
of the President of the Republic. 
I, ENRIQUE PEÑA NIETO , President of the United Mexican States, in exercise of the powers 
conferred upon me under Article 89, subparagraph I of the Constitution of the United Mexican 
States and on the basis of Articles 31 and 34  of the Organic Law of the Federal Public 
Administration, and 29, 33, 47, 50, 76 and 83  of the Foreign Trade Law, hereby issue the following 
 
DECREE AMENDING, SUPPLEMENTING AND REPEALING VARIOUS PROVISIONS 
OF THE REGULATIONS UNDER THE FOREIGN TRADE LAW 
 
Single Article.-  The following are amended : Articles 1, subparagraph II, 2, 3, first paragraph, 
4, 5, 6, 8, 9, subparagraphs X III and XIV, 12, 13, 17, first paragr aph, 18, 20, 26, first paragraph, 
27, subparagraph I, 30, 35, the name and composition of Chapter I "Definitions" of Title IV, 
to read as Chapter I "General provisions", which shall include Articles 37, 38 and 38A, 
with Chapter II of Title IV beginning with Article 39, Articles 42, 43, 44, second paragraph, 48, 50, first paragraph, the name of Chapter III "Injury and threat of injury to the domestic industry" 
of Title IV, to read as Chapter III "Injury to a domestic industry"; 59, 63, 64, 65, 66, 67, 68, 69, 
first paragraph and its subparagraph I, 70, 71, 72, 74, 75, 76, 77, 78, 80, 81, 82, 83, subparagraph I, items D, E and I, and subparagraph II, 84, 85, 90, 94, the name of Chapter VIII "Review of Final Countervailing Duties" of Title VI , to read as Chapter VIII "Review", Articles 99, 
100, first paragraph, 101, 105, 106, 110, 113, 115, 118, 119, 120, 124, 125, 126, 
subparagraphs I and VIII, 130, subparagraph I, 131 subparagraphs I, items A and E, and II, the name of Chapter I "Ex officio investigation,  legally constituted organizations, withdrawal, 
administrative dossier and transmission of copies to interested parties" of Title VIII, to read 
as Chapter I "General provisions", 136, 137, 139, 140, 145, first paragraph, 147, 148, subparagraph IV, 154, second paragraph, 158, subparagraph IV, 159, subparagraphs VIII and IX 
and last paragraph, 160 subparagraphs I and IV and last paragraph, the name of Chapter V 
"Evidence, Public Hearing and Pleadings" of Title VIII, to read as Chapter V "Evidence and pleadings"; Articles 163, 164, 171, 173, 177, 178, subparagraph I, items C, D, E, F and J, subparagraph II, items C and D, and second and third paragraphs, 180, subparagraph X, 181, 
207, first paragraph, 210 subparagraphs I, II and III, items C, D and E; the following are added : 
Article 9 with a subparagraph XV and a last paragraph, Articles 17A, 38A, 89A, a Chapter XI called "Special procedures" to Title VI and includ ing Articles 117A, 117B, 117C, 117D and 117E, 159, 
subparagraph X, 165, second paragraph, 178, subparagraph I bis; and the following 
are repealed : Articles 47, 73, 91, 92, 93, 96, 97, 98, 102, 103, 104, 108, 109, 112, 128, 149, 
last paragraph, 157, 159, subparagraph II, 161, last paragraph, 167, 179, 182, 183, 184, 185, 
186, 187, 188, 189 and 210,  subparagraph III, item I of the Regulations under the Foreign Trade 
Law, to read as follows:  ARTICLE 1.- … 
 
I. … 
 
II. Ministry, Ministry of the Economy; 
 
III. and IV. … 
 
… 
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  ARTICLE 2.- The Commission shall comprise representatives of each of the following departments: 
 
I. Ministry of Foreign Affairs; 
 
II. Ministry of Finance and Public Credit; 
 III. Ministry of the Environment and Natural Resources; 
 
IV. Ministry of the Economy;  V. Ministry of Agriculture, Livestock, Rural Development, Fisheries and Food; and 
 
VI. Ministry of Health. 
 
The Minister of the Economy shall invite representatives of the autonomous constitutional 
bodies, the Bank of Mexico and the Fede ral Competition Commission, to be part 
of this Commission. 
 
These representatives shall be appointed by the presidents of those bodies and shall 
be hierarchically immediately below them. They shall have the same rights and obligations as the members mentioned in the first paragraph of this Article. 
 
ARTICLE 3.- The Commission shall operate at two hierarchical levels, that of Under-Secretaries and that of Directors-General. 
 
…  
… 
 ARTICLE 4.- The participants in the Commission at the Under-Secretary level shall be:  
I. For the Ministry, the Under-Secretary for Indu stry and Trade, who shall chair it and shall 
exercise the vote that corresponds to the department; the Under-Secretary for Foreign Trade and the Under-Secretary for Competitiveness and Standardization. The Chairman of the 
Commission at this level shall be replaced when absent by the other Under-Secretaries of the 
Ministry in the order shown in this subparagraph; and 
 
II. For the other ministries mentioned in Article 2 of these Regulations, the Under-Secretary 
designated by the corresponding department.  
At this level the Director-General of Foreign Trade of the Ministry shall act as Technical 
Secretary of the Commission, and in his absence, shall be replaced by the Director-General 
designated by the Under-Secretary for Industry and Trade.  
ARTICLE 5.- The participants in the Commission at Director-General level shall be: 
 
I. For the Ministry, the Director-General of Foreign Trade, who shall chair it and shall exercise 
the vote that corresponds to the department; a re presentative with the title of Director-General 
attached to the Under-Secretariat for Foreign Trade and a representative with a title of Director-General attached to the Under-Secretariat for Competitiveness and Standardization, designated by the corresponding Under-Secretary. The Chairman of the Commission at this level 
shall be replaced when absent by the Director-General named by the Under-Secretary for Industry 
and Trade; and  
II. For the other Ministries referred to in Article 2 of these Regulations, a representative 
with the title of Director-General, appo inted by the corresponding department. 
 
Moreover, a request may be made for the help of a public servant commissioned by the 
Head of the General Customs Administration of th e Tax Administration Service to act as adviser 
to the Commission on tariff classification and nomenclature. The Ministry's Director-General for Foreign Trade shall appoint the Technical Secretary of the Commission at this level. G/ADP/N/1/MEX/1/Suppl.5 • G/SCM/N/1/MEX/1/Suppl.4 • G/SG/N/1/MEX/1/Suppl.4 
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  ARTICLE 6.- For the Commission to be able to sit, the presence shall be required of at least 
one representative of the Ministry and of the majority of the departments and bodies referred 
to in Article 2 of these Regulations.  
ARTICLE 8.- The sessions may only be attended by the representatives of the departments 
and those who are accredited to the Commission. To that end, the heads of those departments shall officially communicate to the head of the Ministry the names and positions of their 
representatives, both principal and alternate, for the two levels referred to in Article 3 of these 
Regulations.  
The following entities shall be regularly invited to attend and may only participate 
in the discussions: 
 
I. Federal Consumer Protection Agency; 
 
II. The Tax Administration Service; and 
 
III. Federal Regulatory Improvement Commission. 
 
The heads of the decentralized entity and of the decentralized administrative bodies referred 
to in this article may appoint their representatives to the Commission, and these in turn 
may appoint their respective alternates, who, in both cases, must be hierarchically immediately 
below them. Those appointments must be communicated to the Minister of the Economy.  
When the Commission is to deal with foreign trade matters involving a particular sector, 
it may invite representatives from other depa rtments or entities of the Federal and State 
Public Administration. 
 
ARTICLE 9.- … 
 
I. to XII. … 
 
XIII. The draft final resolutions in investigations into unfair international trade practices 
and those determining countervailing duties; 
 
XIV. The draft resolutions in which the Ministry accepts the undertaking given by exporters 
or foreign governments and suspends or terminates an investigation into unfair international trade 
practices; and 
 
XV. The tariff classification criteria proposed by the Ministry of Finance and Public Credit 
pursuant to the General Import and Export Tax Law. 
 
… 
 
The measures referred to in the first paragraph of this article shall be published in the Diario 
Oficial de la Federación . 
 
ARTICLE 12.- The departments and entities of the Federal Public Administration may put forward 
proposals to the Commission within the realm of their remit. Those proposals shall be submitted through the Technical Secretary at least five days in advance of the date of the meeting of the Commission at which it is hoped that they will be dealt with, except when extraordinary 
sessions are convened. 
 ARTICLE 13.- At both levels, the Commission shall issue its agreements in accordance 
with the following procedure: 
 
I. Each agreement shall be reached by a majority vote once all the representatives 
and invitees present have stated their opinions. Each of the dependencies and autonomous 
constitutional bodies referred to in Article 2 of these Regulations shall have one vote. In the event 
of a tie, the Chairman of the Commission shall have a casting vote; 
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  II. The Technical Secretary shall include in the record of the meeting each opinion, the vote 
and the content of the agreement. The record shall be signed by all the representatives 
present; and  
III. Once all matters have been voted on, the Chairman shall read out the agreements 
reached and shall send a copy of them to each of the representatives and to the heads of the departments and autonomous constitutional bo dies participating, within a period of 15 days. 
 
ARTICLE 17.- Requests for the grant of permits, th eir extension or modification, shall be submitted 
to the Ministry using the official form prescr ibed by it. The information to be contained 
in the request shall be, inter alia , the following: 
 
I. to VI. … 
 
ARTICLE 17A.- The formalities relating to import s, exports or the transit of goods as well 
as non-tariff regulations and restrictions shall be presented by electronic means in accordance with the applicable legislation. Should it prove necessary, the Ministry shall coordinate 
with the relevant department, body or entity in dealing with those formalities. 
 ARTICLE 18.- To submit each request and collect the relevant permit, the interested party or his representative shall comply with the requir ements laid out in the Act and these Regulations 
and shall be duly accredited to the Ministry. 
 ARTICLE 20.- The Ministry shall settle the request for a permit or its extension within the 15 days 
following the date on which it was accepted for processing. At the end of that period, 
the interested party shall go to the Ministry within the five days following in order to learn of the decision reached and to claim his right. 
 
ARTICLE 26.- The instruments through which quotas are established shall be published in the Diario Oficial de la Federación , and shall contain the following information: 
 
I. to IV. … 
 ARTICLE 27.- … 
 
I. It shall publish the relevant convening notice in the Diario Oficial de la Federación , at least 
five days before the start of the registration period; and 
 
II. … 
 ARTICLE 30.- The award ceremony shall take place in the presence of representatives 
of the Ministries of the Economy and of Fina nce and Public Credit and, if appropriate, 
of the responsible department, which may invite a representative of the Internal Oversight Body of the Ministry of the Economy. 
 
ARTICLE 35.- In the case of a direct awar d, upon expiry of the period referred 
to in subparagraph II of Article 33 of these Regulations, the interested party shall go to the 
Ministry within the five following days in order to learn of the decision taken and claim his right. 
In the case of the last part of Article 31 of thes e Regulations, the Ministry shall establish the form 
in which it will be recognized that the operation took place under the quota. G/ADP/N/1/MEX/1/Suppl.5 • G/SCM/N/1/MEX/1/Suppl.4 • G/SG/N/1/MEX/1/Suppl.4 
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  TITLE IV 
 
… 
 
CHAPTER I 
General Provisions 
 
ARTICLE 37.- … 
 ARTICLE 38.- … 
 
ARTICLE 38A.- For the purposes of Article 38 of  the Act, the amount of the subsidy shall 
be calculated on the basis of the benefit to the recipient.  
The method for calculating the amount of the su bsidy based on the benefit received, may take 
into account the conditions and specific characterist ics of each subsidy, of the country that grants 
it, and whether there is a price discrimination investigation with respect to the same product. 
The aforementioned method should consider the gu idelines set out in Article 14 of the Agreement 
on Subsidies and Countervailing Measures of the World Trade Organization.  
As a general rule, when the subsidy is granted to production, the total value of the benefit shall 
be attributed based on production or sales; when the subsidy is granted to exports, the benefit shall be attributed on the basis of the export sales of the product in question.  
Where the subsidy can be linked to the acquisition or future acquisition of fixed assets, 
the benefit shall be attributed over a period that reflects the normal depreciation of such an asset 
in the industry concerned. 
 
Where a subsidy cannot be linked to the acquisition of fixed assets, the amount of the benefit 
received during the investigation period shall be attributed to this period, unless there are special 
circumstances that justify attribution over a different period. 
CHAPTER II 
… 
 
 
ARTICLE 39.- … 
 
ARTICLE 42.- For the purposes of the second para graph of Article 31 of the Act, when there are 
no sales of the identical or like product in the ordinary course of trade in the domestic market 
of the exporting country or when, because of a part icular market situation or the low sales volume 
in the exporting country's domestic market, such sales do not permit a proper comparison, 
the margin of price discrimination shall be determined by comparison with a comparable price of the like product when exported to an appropriate third country, provided that this price is representative, or with the cost of production in the country of origin plus a reasonable amount 
for administrative, selling and any other general costs and for profits. 
 
Sales of the like product destined for consumption in the domestic market of the exporting 
country shall be considered a sufficient quantity for the determination of the normal value if such 
sales constitute 5% or more of the sales of the product exported to Mexico; a lower ratio shall be acceptable where the evidence demonstrates that domestic sales at such lower ratio 
are nonetheless of sufficient magnitude to allow for a proper comparison. 
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  ARTICLE 43.- For the purposes of the second paragraph of Article 32 of the Act, 
when the applicant requests the corresponding  exclusion, the applicant must submit the 
information that justifies it. In such cases, the Ministry may take into account the fact that, during the period of investigation, selling prices or costs and expenses were exceptionally high 
or low. 
 
Sales of the identical or like product in the domestic market of the exporting country or sales 
to a third country at prices below per unit fixed and variable costs of production plus selling, 
administrative and general costs may be treated as not being in the ordinary course of trade 
by reason of price and may be disregarded in determining normal value only if it is determined that such sales are made over an extended period of time in substantial quantities and at prices 
that do not allow for the recovery of all costs within a reasonable period of time. If prices 
are below per unit costs at the time of sale but are above weighted average per unit costs for the period of the investigation, such prices shall be considered to allow for recovery of costs 
within a reasonable period of time. 
 
T h e  e x t e nd e d  p e r i o d  o f  t i m e  s h o u l d  n o r m a l l y  b e  o n e  y e a r  b u t s h a l l  i n  n o  c a s e  b e  l e s s  t h a n  
six months. 
 
Sales below unit costs shall be considered to be made in substantial quantities when the 
authorities establish that the weighted average selling price of the transactions under 
consideration for the determination of normal value is below the weighted average unit costs, 
or that the volume of sales below per unit costs is not less than 20% of the sales under consideration for the determination of normal value. 
 
ARTICLE 44.- … 
 
With regard to production costs, when the materials and components are purchased 
from suppliers who are related under the terms of Article 61 of these Regulations, the interested 
party shall prove that the prices of such transactions are comparable to those of purchase transactions from non-related parties. If the buying price from related parties is lower than 
the price in purchase transactions with non-related parties, the former shall be replaced 
by the latter for the purposes of calculating production costs.  
… 
 ARTICLE 47.- Repealed. 
 
ARTICLE 48.- For the purposes of Article 33 of the Act, centrally planned economies shall be deemed to be non-market economies, regardle ss of the name by whic h they are designated, 
whose cost and price structures do not reflect market principles, or in which the enterprises 
of the sector or industry under investigation have cost and price structures which are 
not determined in accordance with such principles.  
To determine whether an economy is a market economy, the following criteria, inter alia , 
shall be taken into account: the currency of the foreign country under investigation must be generally convertible in the international currency markets; salaries in the said foreign country 
must be established through free negotiation between workers and employers; decisions relating 
to prices, cost and supply of inputs, includ ing raw materials, technology, production, 
sales and investment, in the sector or industry under investigation, must be taken in response to market signals without any significant State interference; foreign investment and joint 
investments with foreign firms must be permitted; the industry under investigation must have only 
one set of accounting records which it uses for all purposes and which is audited according to generally accepted accounting criteria; the production costs and financial situation of the sector 
or industry under investigation must not be distorted in relation to the depreciation of assets, 
bad debts, barter trade and debt compensation or other factors considered relevant.  
A substitute country means a third country with a market economy similar to the exporting 
country with a non-market economy. The si milarity between the substitute country 
and the exporting country shall be defined in a reasonable manner, so that the normal value in the exporting country may be estimated on the basis of the domestic price in the substitute 
country. In particular, in selecting the substitute country, account shall be taken of economic G/ADP/N/1/MEX/1/Suppl.5 • G/SCM/N/1/MEX/1/Suppl.4 • G/SG/N/1/MEX/1/Suppl.4 
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  criteria such as the similarity of production proc esses, cost structure of factors used intensively 
in the said processes, corresponding to the product under investigation or failing that, the narrowest group or range of products that include them, both in the country of origin and in the substitute country. 
 
The product on the basis of which normal value is determined shall originate in the substitute 
country. When normal value is determined accordin g to the export price in a substitute country, 
that price shall be related to a market other than Mexico. If there is no substitute country 
with a market economy in which goods are prod uced identical or similar to those exported 
by the country with a non-market economy, the Mexican market itself shall be deemed to be a substitute country. 
 
ARTICLE 50.- When the exporter and importer are related in any of the ways to which Article 61 of these Regulations refers and there are compen satory arrangements between them, the export 
price shall be calculated in accordance with the provisions of Article 35 of the Act. 
 
… 
CHAPTER III 
Injury to a Domestic Industry 
 
 
ARTICLE 59.- The Ministry shall establish through the appropriate investigation procedure that 
determination of the injury to which Article 39 of the Act refers is based on the minimum analysis of all the elements to which Articles 41 and 42 of that Act refer. The investigating authority shall 
under no circumstances determine the existence of injury in accordance with civil law. 
 ARTICLE 63.- To determine the existence of inju ry, the Ministry shall evaluate the impact 
of the imports under investigation on the domestic industry. 
 
The requesting parties must submit information on total domestic production to the Ministry, 
using the prescribed questionnaire, provided that the required figures are reasonably available 
to them. In any case, the request must include a reliable estimate of the figures for the total 
domestic production concerned together with  an indication of the methodology used. 
 
The Ministry shall satisfy itself that the correspon ding determination of injury is representative 
of the situation of the domestic industry.  
ARTICLE 64.- For the purposes of Article 41 of the Act, the Ministry shall take into account: 
 
I. With regard to the volume of imports under investigation, whether there has been 
a considerable increase in such imports in absolute terms or in relation to domestic production 
for the domestic market or internal consumption in the country. The Ministry shall assess whether 
the imports under investigation are competing in the domestic market to serve the same markets or the same actual or potential customers of domestic producers and whether they are utilizing 
the same distribution channels; 
 
II. Concerning the effects of imports subject to investigation on domestic prices: 
 
A. The pattern and trend of prices of the im ports under investigation shall be analysed, 
to determine whether they show a reduction in the period under investigation compared with prices in comparable periods, or whet her they are lower than other products which 
are not imported under conditions of price discrimination or subsidy; 
 
B. Whether there is a significant correlation be tween the reduction in prices of the imports 
and the growth in quantities imported; 
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  C. Whether the imports under investigation have a selling price considerably lower than 
the comparable selling price for the like domestic product, or whether the effect of the imports under investigation is to depress domestic prices in some other way or to prevent the reasonable increase which would otherwise have occurred; and 
 
D. Whether the price-level at which the imports under investigation are competing 
in the domestic market is the determining factor  in explaining the pattern and share of those 
imports in the domestic market. 
 
III. With regard to the effects of the imports under investigation on domestic production 
of identical or like goods, an evaluation shall be made of the operations of the industry in Mexico. 
This evaluation shall include the impact of the quantities and prices of the imports under 
investigation on all the relevant economic factors and indicators that influence the state of the domestic industry concerned, such as: 
 
A. The actual and potential decline in sales, profits, production volume, market share, 
productivity, return on investments, or utilization of plant capacity; 
 
B. Factors affecting domestic prices;  C. The scale of the margin of price discrimination or, in the case of agricultural subsidies, 
whether there has been an increase in the cost of government support programmes; 
 D. Actual or potential negative effects on cash  flow, inventories, employment, wages, growth, 
ability to raise capital or investments. 
 
IV. Other elements that it may consider appropriate concerning economic factors or indicators 
relevant to the industry in question and not mentioned in the foregoing paragraphs. In this case, 
the Ministry shall identify such factors and explain their significance to the case concerned.  ARTICLE 65.- The Ministry shall evaluate the economic factors described in Articles 41 and 42 of 
the Act, in the context of the economic cycle and co nditions of competition specific to the industry 
affected. For that purpose, the requesting parties shall submit information on the relevant factors and indicators and characteristics of the industry normally covering the three years preceding 
the submission of the request, including the period under investigation, unless the enterprise 
concerned had not been established for the whole of this period. Moreover, the interested parties shall submit economic studies, case studies, technical literature and national and international 
statistics on the performance of the market concerned, or any other documentation permitting 
identification of economic cycles and conditions of competition specific to the industry affected.  ARTICLE 66.- The effect of imports subject to unfair practices shall be evaluated in relation 
to domestic production of the identical or like product when the available data allow its separate 
identification in accordance with criteria such  as the production process, sales by producers 
and their profits. If it is not possible to identify  such production separately, the effect of such 
imports shall be assessed by analysing production  of the narrowest group or range of products 
which includes the identical or like product for which all the necessary information to show injury can be provided. 
 
ARTICLE 67.- In order to determine injury, when imports of a product from more than one country are simultaneously subject to investigation for unfair international trade practices, the Ministry may cumulatively assess the effects of such imports, only if it determines that: 
 
I. That the margin of price discrimination or the amount of the subsidy determined in relation 
to the imports under investigation from each country is more than de minimis , and the volume real 
or potential imports originating in each country is not negligible; and 
 
II. A cumulative assessment of the effects of the imports is appropriate in light of the 
conditions of competition between the imported products and the like domestic product. 
 
The margin of price discrimination shall be considered de minimis  when it is less than 2% of the 
export price or, normally, when the amount of the subsidy is below 1% ad valorem . G/ADP/N/1/MEX/1/Suppl.5 • G/SCM/N/1/MEX/1/Suppl.4 • G/SG/N/1/MEX/1/Suppl.4 
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  The volume of imports subject to price discrimination shall normally be regarded as negligible 
if the volume of such imports from a particular country is found to account for less than 3% of imports of the like product, unless countries which individually account for less than 3% of the imports collectively acco unt for more than 7% of those imports. 
 
ARTICLE 68.- For the purposes of Article 42 of the Act, the Ministry shall take into account:  
I. Whether there is a high rate of growth of the imports under investigation in the domestic 
market pointing to a well-founded probability that there will be a significant increase in such imports in the immediate future to a level that could cause injury to a domestic industry. For this purpose, the Ministry shall consider, among other factors, whether the imports under investigation 
are competing in the domestic market to serve the same markets or the same actual or potential 
customers of domestic producers and whether they  are utilizing the same distribution channels; 
 
II. The freely disposable capacity of the export er or an imminent and substantial increase 
thereof, pointing to the well-founded probability of a significant increase in exports to the Mexican market under conditions of price discrimination or subsidy, taking into account the availability 
of other export markets to absorb any increase in such exports; 
 
III. Whether the imports under investigation are entering at prices such that they have 
a significant depressing or suppressing effect on domestic prices. Likewise, it shall be determined 
whether there is a real probab ility that the prices of the im ports under investigation will 
significantly increase the quantity of new imports demanded. In that case the factors that affect domestic prices shall be taken into account, including changes to conditions or terms of sale 
to certain customers as a direct consequence of the imports under investigation; 
 
IV. Inventories of the product under investigation in the domestic market or that 
of the exporter; 
 
V. If appropriate, the nature of the subsidy in question and its likely trade effects; and 
 
VI. Any other demonstrable economic trend that permits the conclusion that price 
discrimination relating to imports will injure domestic production.  
ARTICLE 69.- The Ministry shall examine other factors of which it is aware, other than the imports 
under investigation, which simultaneously affect domestic production, in order to determine whether the alleged injury or threat of injury is being caused by such imports. Factors 
which the Ministry may evaluate shall include the following: 
 
I. The volume and prices of imports which are not subject to price discrimination or subsidy; 
 
II.to IV. … 
 ARTICLE 70.- To determine whether a safeguard measure is appropriate, the Ministry shall carry 
out an investigation pursuant to the administrative procedures laid down in the Act, in these 
Regulations, and in international treaties or conventions to which Mexico is a signatory.  
ARTICLE 71.- To determine serious injury or the threat of serious injury, the Ministry shall 
evaluate the impact of the imports under investigation on the domestic industry producing the directly competing identical or similar goods.  
The requesting parties must submit information on total domestic production to the Ministry, 
using the prescribed questionnaire, provided that the required figures are reasonably available to them. In any case, the request must include a reliable estimate of the figures for the total 
domestic production concerned together with  an indication of the methodology used. 
 ARTICLE 72.- For the purposes of Article 48 of the Act, an affirmative determination shall be made 
only in cases where the investigation demonstrates, on the basis of objective evidence, 
the existence of a causal link between increase d imports of the product concerned and serious 
injury or the threat thereof. When factors other than increased imports of the investigated product are at the same time causing or threatening to cause injury to the domestic industry, such injury 
shall not be attributed to the increased imports. G/ADP/N/1/MEX/1/Suppl.5 • G/SCM/N/1/MEX/1/Suppl.4 • G/SG/N/1/MEX/1/Suppl.4 
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  ARTICLE 73.- Repealed . 
 ARTICLE 74.- The Ministry shall evaluate the econom ic factors described in Article 48 of the Act, 
in the context of the economic cycle and conditions of competition specific to the industry affected. 
For that purpose, the requesting parties shall submit information on the relevant factors 
and indicators and characteristics of the indust ry normally covering the three years preceding 
the submission of the request, including the period under investigation, unless the enterprise 
concerned had not been established for the whole of this period. Moreover, the interested parties 
shall submit economic studies, case studies, technical literature and national and international statistics on the performance of the market concerned, or any other documentation permitting identification of economic cycles and conditions of competition specific to the industry affected. 
TITLE VI 
… 
 
 
ARTICLE 75.- The request by an interested party to initiate an administrative investigation into unfair international trade practices, in addition to being submitted in writing and satisfying 
the requirements prescribed in Articles 50 and 51 of the Act, shall be submitted using 
the questionnaire issued by the Minist ry, which shall contain the following: 
 
I. The designation of the competent administrative authority to which the request is made; 
 
II. Name or business name and domicile of the requesting party and, if applicable, 
of his representative, together with accrediting documents; 
 
III. Principal activity of the requesting party;  
IV. Volume and value of domestic production of the product identical or similar to the 
imported product; 
 V. Description of the volume and value of the requesting party's share of domestic 
production; 
 VI. The legal basis of the request; 
 
VII. Description of the imported product, together with specifications and characteristics 
in comparison with the domestic product and other distinguishing details; the volume and value 
imported or intended to be imported based on the appropriate unit of measure and its tariff 
classification according to the schedule of the General Import and Export Tax Law; 
 VIII. Name or business name and domicile of known importers or intending importers 
of the product, stating whether the import consisted or will consist of one or several shipments; 
 IX. Name of the country or countries of origin or provenance of the product, as appropriate, 
and the name or business name of the person or persons exporting or intending to export 
the product presumably under unfair conditions to Mexico; 
 
X. Statement of the facts and data, together with reasonably available evidence, on which 
the request is based. Those facts from which it can be inferred that there is a well-founded probability of the existence of the unfair international trade practice shall be stated succinctly, with clarity and precision; 
 
XI. Indication of the difference between the no rmal value and the comparable export price 
or, if applicable, the effect of the subsidy on the export price. 
 
For purposes of the provisions of the preceding paragraph, a description shall be given 
of the calculation methodology that was used to determine normal value, the export price 
and the proposed adjustments, and an indicati on also given of the sources of information 
consulted in each case; G/ADP/N/1/MEX/1/Suppl.5 • G/SCM/N/1/MEX/1/Suppl.4 • G/SG/N/1/MEX/1/Suppl.4 
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  XII. In the case of subsidies, also information and facts concerning the unfair practice, 
the foreign governmental authority or body involved, the form of payment or transfers and the amount of the subsidy to the producer or foreign exporter of the product;  
XIII. Evidence which shows that the introduction of the goods concerned into the domestic 
market is causing injury to the domestic industry;  
XIV. If appropriate, description of requests for other regulatory or trade-restrictive measures 
concerning the product which is the subject of the request; and  
XV. Any other factors deemed necessary. 
 
The request to which this Article refers shall contain the signature of the interested party 
or the person acting in his name or representing him. 
 
The request and annexed documents shall be submi tted in the original and in as many copies 
as indicated by the Ministry in  the official questionnaire. 
 
The copies of the relevant documents must be furnished, at the latest, together with the reply 
to the request for further information ( prevención ), in as many copies as there are importers, 
exporters and, where applicable, foreign governments named in the request and in the response 
to the request for further information. Such copi es shall be submitted by the means determined 
by the Ministry. If this obligation is not complie d with, the application shall be deemed abandoned. 
 
The investigation procedure shall not prevent the clearance by the customs concerned 
of the goods involved in the investigation.  
ARTICLE 76.- The investigation into unfair international trade practices shall cover imports 
of goods identical or similar to those produced by the domestic industry, entered over a period 
normally of one year but in any case no less than six months, which must be as close as possible to the time the request is submitted. The period of analysis for evaluating injury shall normally 
be three years and shall include the period being investigated. 
 
The investigation period to which the foregoing paragraph refers may be modified 
at the discretion of the Ministry to include a period that covers imports made subsequent 
to the submission of the request.  
ARTICLE 77.- Notwithstanding the provisions of the preceding Article, in evaluating injury 
to the domestic industry, the Ministry may require the requesting party or any other domestic producer or person it deems appropriate, to provide the information or data it considers relevant relating to a maximum period of five years prior to the submission of the request. 
 
ARTICLE 78.- The Ministry may, once only, require the requesting party to clarify, correct or complete the request, with specific indica tions of its omissions and ambiguities. After 
the 20 days mentioned in subparagraph II of Article 52 of the Act, the Ministry shall, 
as appropriate, proceed with the request, reject it or declare it abandoned.  
ARTICLE 80.- The resolution to initiate the investigation into unfair international trading practices 
and the preliminary and final resolutions shall contain the following information:  
I. The designation of the authority issuing the resolution; 
 
II. The grounds and reasoning justifying the decision; 
 
III. The name or business name and domicile of the party or parties requesting 
the investigation;  
IV. The name or business name and domicile of the importer or importers, foreign exporters 
or, where appropriate, known agencies or authorities of foreign governments;  
V. The country or countries of origin or provenance of the goods in question; 
 G/ADP/N/1/MEX/1/Suppl.5 • G/SCM/N/1/MEX/1/Suppl.4 • G/SG/N/1/MEX/1/Suppl.4 
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  VI. A description of the product under investigation, indicating the corresponding tariff heading 
under the schedule of the General Import and Export Tax Law;  
VII. The description of the domestic prod uct identical or similar to the product 
under investigation; 
 VIII. The period under investigation; and 
 
IX. Any other factors deemed necessary by the Ministry. 
 ARTICLE 81.- In addition to the information indi cated in the preceding Article, the resolution 
initiating the investigation to which Article 52 of the Act refers shall contain: 
 
I. A summons to the interested parties and, where applicable, foreign governments, 
so that they may appear in order to make the representations they see fit; and 
 
II. The time allowed for presenting evidence. 
 
ARTICLE 82.- The preliminary resolution to whic h Article 57 of the Act refers shall contain, 
in addition to the data indicated in Articles 80 and 81, subparagraph II of these Regulations, 
the following elements: 
 
I. Where the existence of unfair international trade practices has been established 
preliminarily: 
 
A. The normal value and export price obtain ed by the Ministry, except in the case 
of information which an interested party considers to be confidential or restricted 
commercial information; 
 
B. A description of the methods used in dete rmining the normal value and the export price 
and, if applicable, the amount of the subsidy and its effect on the export price, in conformity 
with Chapters II and III of Title V of the Act and the applicable Articles of Chapter II of Title IV 
of these Regulations, except in the case of information which an interested party considers to be confidential or restricted commercial information; 
 
C. The margin of price discrimination, the characteristics and amount of the subsidy; 
 
D. A description of the injury to the domestic industry; 
 
E. An explanation of the Ministry's analysis of the injury factors contemplated in the Act 
and these Regulations, and any other factors taken into account. It shall identify and explain 
the significance of each one in the relevant resolution; 
 
F. If applicable, the export price which would not injure domestic industry and a description 
of the procedure for determining it; 
 
G. The amount of the provisional countervailing duty payable; and 
 
H. A statement that the Ministry of Finance and Public Credit shall be notified so that it may 
duly collect the countervailing duties.  
II. If there has been no change in the grounds for initiating the investigation into unfair 
international trade practices, a statement that the administrative investigation is continuing without the imposition of countervailing duties; or 
 
III. If it is established that there are no unf air international trade practices, a statement 
that the administrative investigation is terminated without the imposition of countervailing duties, 
as well as the date on which the draft resolution was submitted to the Commission for an opinion 
and the tenor of the opinion given.  G/ADP/N/1/MEX/1/Suppl.5 • G/SCM/N/1/MEX/1/Suppl.4 • G/SG/N/1/MEX/1/Suppl.4 
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  ARTICLE 83.- … 
 
I. … 
 
A. to C. … 
 
D. A description of the injury to the domestic industry; 
 
E. An explanation of the Ministry's analysis of injury factors contemplated in the Act and these 
Regulations, and any other factors taken into account. It shall identify and explain the significance of each one in the relevant resolution; 
 
F. to H. … 
 
I. The date on which the draft resolution was submitted to the Commission for an opinion 
and the tenor of the opinion given.  
II. If it is established that there are no unfair international trade practices, the statement 
that the administrative investigation is terminated without the imposition of countervailing duties, as well as the date on which the draft resolution was submitted to the Commission for an opinion and the tenor of the opinion given. 
 
ARTICLE 84.- The Ministry shall hold technical information meetings with interested parties who so request, within five days from the day following the publication in the Diario Oficial 
de la Federación  of the preliminary and final resolutions of the procedures on price discrimination 
or subsidies.  
The purpose of the technical meetings shall be  to explain the method used in determining 
the margins of price discrimination and/or the amount of the subsidies, as well as injury and the causal link.  
At these meetings, interested parties shall be entitled to obtain a summary of the calculations 
used by the Ministry to arrive at its decision s, provided that the information is its own. 
 
ARTICLE 85.- A report of the technical meetings shall be prepared and must be placed 
in the relevant administrative dossier.  
ARTICLE 89A.- In terms of the provisions of Ar ticle 87 of the Act, the countervailing duties 
may be determined on the basis of reference prices or values. The amount of the countervailing duties thus determined may not exceed the margins of price discrimination or the amount of subsidization calculated. 
 
ARTICLE 90.- For the purposes of the second paragraph of Article 62 of the Act, the countervailing duty may be less than the margin of price discrimination or the amount of the subsidies, provided 
that it is sufficient to eliminate the injury to the domestic industry. 
 ARTICLE 91.- Repealed . 
 
ARTICLE 92.- Repealed . 
 ARTICLE 93.- Repealed . 
 
ARTICLE 94.- In addition to the provisions of Arti cles 65 and 98 of the Act, securities may be given 
for the payment of final countervailing duties under procedures covering new exporters, 
applicability to a product, the review and exam ination of the countervailing duty in effect. 
The relevant authority may accept the security  provided in the form and terms prescribed 
in the Federal Tax Code and its Regulations. 
 
The security given shall be cancelled or modified or, if applicable, the sums paid 
or the difference involved shall be returned with the corresponding interest, as appropriate, when 
the Ministry eliminates or modifies countervailing duties. 
 G/ADP/N/1/MEX/1/Suppl.5 • G/SCM/N/1/MEX/1/Suppl.4 • G/SG/N/1/MEX/1/Suppl.4 
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  The interest to which this Article refers shall be equivalent to the amount that would correspond 
to the accruing yield had the amount of the duti es been invested in Federal Treasury Bonds, 
at the highest rate, from the date when the payment of the duty was due until the date of its reimbursement. 
 
ARTICLE 96.- Repealed . 
 
ARTICLE 97.- Repealed . 
 ARTICLE 98.- Repealed . 
CHAPTER VIII 
Review 
 
 
ARTICLE 99.- Under the terms of Article 68 of the Act, the Ministry shall conduct a review 
in the event of a change in the circumstances based on which the following were determined: 
 
I. The final countervailing duty; or 
 
II. The existence of price discrimination or, if applicable, of subsidies; and/or 
 
III. Injury to the domestic industry. 
 
In carrying out the review of the final countervail ing duties, the procedural provisions contained 
in the Act and in these Regulations shall be observed, together with those relating to the initiation 
of proceedings, preliminary resolution, final resolution, conciliation meeting, countervailing duties, undertakings by exporters and governments, evidence, pleadings, public hearings, technical 
information meetings, notifications, verifications and other arrangements common to proceedings. 
 ARTICLE 100.- The review procedure may be requested by the interested parties who participated in the proceedings which gave rise to the final countervailing duty or by any other who, although 
not having participated in the proceedings in question, can establish his legal interest. 
 
… 
 
… 
 
ARTICLE 101.- Each year, during the month of the anniversary of publication in the Diario Oficial 
de la Federación  of the final resolution of the investigation that originally imposed the final 
countervailing duty, irrespective of whether it has been amended, the interested parties may request the Ministry in writing to carry out a review. 
 
In any event, the requesting party shall pr ovide the relevant information and evidence 
to support his request. 
 
The interested parties shall be obliged to submit together with their request, 
the questionnaires, established by the Ministry for that purpose, duly completed. 
 
ARTICLE 102.- Repealed . 
 ARTICLE 103.- Repealed . 
 
ARTICLE 104.- Repealed . 
 G/ADP/N/1/MEX/1/Suppl.5 • G/SCM/N/1/MEX/1/Suppl.4 • G/SG/N/1/MEX/1/Suppl.4 
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  ARTICLE 105.- If in the review it is decided th at there is no margin of price discrimination 
or any subsidies, the countervailing duty sha ll not be applied and the Ministry may carry out 
an ex officio review. If the review determines  that the imports entailed price discrimination 
or subsidies, the Ministry shall establish countervailing duties in accordance with the findings 
of the said review. 
 ARTICLE 106.- If a review shows margins of price discrimination or a subsidy amount different 
from those established in the last procedure that determined their existence, new countervailing 
duties shall be set and shall replace the former ones. These countervailing duties shall be final and may be reviewed in accordance with the provisions of the Act and these Regulations.  
ARTICLE 108.- Repealed . 
 ARTICLE 109.- Repealed . 
 
ARTICLE 110.- The undertakings referred to in Article 72 of the Act may be submitted once 
the Ministry has preliminarily determined the existence of unfair practice and until the close 
of the public hearing. 
 
The Ministry may request information, data, documents and items of evidence which 
it considers relevant from the interested foreign exporter or government, in order to evaluate 
the undertaking. 
 ARTICLE 112.-  Repealed . 
 
ARTICLE 113.- On receipt of the undertaking, the Ministry shall include the request in the administrative dossier and shall notify the other interested parties so that within a period 
of ten days from the effective date of the notifica tion, they may express their views. If the Ministry 
so deems appropriate, it shall summon the parties interested in the investigation in question to a meeting to discuss the form and terms of the undertakings made and the feasibility of verifying them. 
 
ARTICLE 115.- On accepting or rejecting the undertaking by the interested foreign exporter or government, the Ministry shall, in the corresponding resolution, establish the form and terms 
under which the undertaking given shall be implemented, stating whether as a result 
of that undertaking the proceedings in question are suspended or concluded and, if applicable, 
the grounds and justification for rejection. 
 
The resolution to which this Article refers shall be published in the Diario Oficial 
de la Federación  and shall be notified to the interested parties. 
CHAPTER XI 
Special Procedures 
  
ARTICLE 117A.- The procedure referred to in Article 89A of the Act shall be conducted as follows: 
 
I. The request shall be submitted in writing to the competent administrative department 
of the Ministry by the interested party or a person  acting on his behalf, together with accrediting 
documents, and must contain the following:  
A. The legal grounds and reasons for the request; 
 
B. A description of the product in question, its physical characteristics and technical 
specifications, origin, function, use, and nature; if applicable, components or inputs utilized 
in its manufacture and other distinguishing data, as  well as the description and tariff classification 
under the schedule of the General Import and Expo rt Tax Act. The request shall be accompanied 
by samples, catalogues and other items to permit identification of the product; and 
 
C. The signature of the interested party or the person representing him. G/ADP/N/1/MEX/1/Suppl.5 • G/SCM/N/1/MEX/1/Suppl.4 • G/SG/N/1/MEX/1/Suppl.4 
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  II. If appropriate, the Ministry shall publish in the Diario Oficial de la Federación  the resolution 
initiating the procedure within the 20 days following the submission of the request or, where applicable, the reply to the request for supplementary information, and shall notify the 
interested parties known to it. This resolution shall summon persons who consider that they have 
a n  i n t e r e s t  i n  t h e  p r o c e e d i n g s ,  s o  t h a t ,  w i t h i n  a  p e r i o d  o f  1 5  d a y s  a s  f r o m  t h e  d a y  f o l l o w i n g  
its publication they may make the representations they see fit; and  
III. The Ministry shall publish the final resolution in the Diario Oficial de la Federación  within 
a period of 60 days counted from the day following publication in the Diario Oficial de la Federación  
of the resolution initiating the procedure and shall notify to the interested parties appearing.  
If the Ministry confirms that the product in qu estion is subject to payment of a countervailing 
duty, the said duty shall be paid together with the corresponding surcharges, in conformity with the applicable fiscal provisions. 
 
ARTICLE 117B.- The proceedings on circumvention of countervailing duties or safeguard measures 
referred to in Article 89B of the Act shall be conducted as follows: 
 
I. The request shall be submitted in writing to the competent administrative department 
of the Ministry by the interested party or a person  acting on his behalf, together with accrediting 
documents, and must contain the following: 
 
A. Mention of the resolution concerned and a description of the facts deemed 
to constitute circumvention; 
 
B. The grounds and reasons for the request; and 
 
C. The signature of the interested party or the person representing him. 
 
II. If appropriate, the Ministry shall publish in the Diario Oficial de la Federación  the resolution 
initiating the procedure, within the 25 days following the submission of the request 
or, where applicable, of the reply to the request for supplementary information, and shall notify 
the interested parties known to it. This resolution shall summon the importer, exporter, or if applicable, the foreign government concerned so that within a maximum period of 28 days 
as from the day following its publication, they may make the representations they see fit; 
 
III. After the expiry of the period for the submissi on of evidence, a public hearing shall be held 
and a time-frame set in which the parties must put forward their arguments; and 
 
IV. The Ministry shall publish the final resolution in the Diario Oficial de la Federación  within 
a period of 130 days from the day following publication of the resolution initiating the procedure 
and shall notify to the interested parties appearing. 
 Article 117C.- The proceedings referred to in Article 89 C of the Act shall take the following form: 
 
I. The request shall be submitted in writing to the competent administrative unit of the 
Ministry by the interested party or a person acting on his behalf, together with accrediting 
documents, and must contain the following: 
 
A. Mention of the resolution concerned and a description of the aspect or aspects for which 
clarification or explanation is requested; 
 
B. The grounds and reasons for the request; 
 
C. Other elements allowing the authority to answer the request; and 
 
D. The signature of the interested party or the person representing him. 
 G/ADP/N/1/MEX/1/Suppl.5 • G/SCM/N/1/MEX/1/Suppl.4 • G/SG/N/1/MEX/1/Suppl.4 
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  II. Upon receipt of the request and, where a ppropriate, the Ministry shall reply to the 
inte re s te d  p arty with in a p e riod  of 6 0 d ays , c ounte d  from the d ay follo wi ng  that of s ubmis s io n  of the request. The reply to the request to which this Article refers shall be published in the Diario Oficial de la Federación  and shall be notified to the interested parties known to the Ministry. 
 
ARTICLE 117D.- The proceedings referred to in Arti cle 89D of the Act shall take the following form: 
 
I. The request shall be submitted in writing to the competent administrative unit of the 
Ministry by the interested party or a person acting on his behalf, together with the accrediting documents, and must meet the requirements stipulated in the Act; it must contain, duly completed, the respective form issued by the Ministry for the purpose, as well as the 
signature of the interested party or the person representing him; 
 
II. If appropriate, the Ministry shall publish in the Diario Oficial de la Federación  the resolution 
initiating the procedure, within the 25 days following the submission of the request 
or, where applicable, of the reply to the request for supplementary information. This resolution shall summon the interested parties, so that, within a period of 28 days as from the day following 
its publication they may make the representations they see fit; 
 
III. After the expiry of the period for the submissi on of evidence, a public hearing shall be held 
and a time-frame shall be set in which the parties must put forward their arguments; and 
 
IV. The Ministry shall publish the final resolution in the Diario Oficial de la Federación  within 
a period of 130 days from the day following publication of the resolution initiating the procedure 
and shall notify to the interested parties known to it. 
 ARTICLE 117E.- The procedure referred to in Arti cle 89E of the Act shall only be applicable 
for those interested parties who submit their request and who have that entitlement under 
the international treaties or trade agreements to which Mexico is a party.  
The request shall be presented in writing to  the competent administrative department 
of the Ministry by the interested party or a person  acting on his behalf, together with accrediting 
documents.  
If appropriate, the Ministry shall reply to the interested party within a period of 60 days 
counted from the day following that of the submission of the request. 
 
The reply to the request to which this Article refers shall be published in the Diario Oficial 
de la Federación  and shall be notified to the interested party. 
 ARTICLE 118.- The request by an interested party to initiate an administrative investigation 
into safeguards, in addition to being submitte d in writing and satisfying the requirements 
prescribed in Articles 50 and 51 of the Act, sh all be submitted using the questionnaire issued 
by the Ministry, which shall contain the following: 
 
I. The designation of the competent administrative authority to which the request 
is being made; 
 
II. Name or business name and domicile of the requesting party and, if applicable, 
of his representative, together with the accrediting documents; 
 
III. Principal activity of the requesting party; 
 IV. Volume and value of domestic production of the product that is identical, similar 
to or competing directly with the imported product; 
 V. A description, in terms of volume and value, of his share of domestic production; 
 
VI. The legal basis of the request;  VII. A description of the imported product, to gether with specifications and characteristics 
in comparison with the domestic product and other distinguishing details; the volume and value G/ADP/N/1/MEX/1/Suppl.5 • G/SCM/N/1/MEX/1/Suppl.4 • G/SG/N/1/MEX/1/Suppl.4 
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  imported based on the appropriate unit of measure and its tariff classification according 
to the schedule of the General Import and Export Tax Law; 
 VIII. Name or business name and domicile of the importers, stating whether the import 
consisted of one or several shipments; 
 IX. Name of the country or countries of origin or provenance of the product, as appropriate, 
and the name or business name of the person or persons exporting it; 
 X. Analysis of the competitive position of the national production that it represents;  
XI. The adjustment programme that will be instituted if a safeguard measure is applied, 
and its viability; 
 
XII. A description of the facts and data which show that the increase in imports is causing 
serious injury or threatening to cause serious injury to domestic production of the identical or similar or directly competing product; and 
 
XIII. If appropriate, a description of requests for other regulatory or trade-restrictive measures 
concerning the product which is the subject of the request.  
The request to which this Article refers shall contain the signature of the interested party 
or the person representing him.  
The request and annexed documents shall be submi tted in the original and in as many copies 
as indicated by the Ministry in  the official questionnaire. 
 
The copies of the relevant documents must be provided, at the latest, together with the reply 
to the request for further information ( prevención ), in as many copies as there are importers, 
exporters and, where applicable, foreign govern ments named in the request and in the reply 
to the request for further information. Such copi es shall be submitted by the means determined 
by the Ministry. If this obligation is not complie d with, the application shall be deemed abandoned. 
 
The investigation procedure shall not prevent the clearance by the customs concerned 
of the goods involved in the investigation. 
 ARTICLE 119.- The safeguard investigation proceedings shall cover imports of goods that 
are identical, similar to or directly competing with those produced by the domestic industry, 
entered over a period normally of one year but in any case no less than six months, which must be as close as possible to the time of submission of the request.  
The period of investigation to which the foregoing paragraph refers may be modified at the 
discretion of the Ministry.  
ARTICLE 120.- The Ministry may, once only, require the requesting party to clarify, 
correct or complete the request, with specific indications of its omissions and ambiguities. After the 20 days mentioned in subparagraph II of  Article 52 of the Act, the Ministry shall, 
as appropriate, proceed with the request, reject it or declare it abandoned. 
 ARTICLE 124.- The resolutions announcing the acceptance of the request and the start of the administrative investigation or imposing provisional or final safeguard measures shall 
be reasoned and justified. Accordingly, they shall contain the following information: 
 
I. The competent authority issuing the resolution; 
 
II. The name or business name and domicile of the party or parties requesting 
the investigation; 
 
III. The name or business name and domicile of the importer or importers and of any 
known exporters;  G/ADP/N/1/MEX/1/Suppl.5 • G/SCM/N/1/MEX/1/Suppl.4 • G/SG/N/1/MEX/1/Suppl.4 
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  IV. The country or countries of origin or prov enance of the identical, like or directly 
competing product;  
V. A description of the procedure concerned; 
 
VI. A description of the product under investigation, indicating, inter alia , the tariff rate 
applicable under the schedule of the General Import and Export Tax Law; 
 
VII. The description of the domestic product identical, similar to or directly competing 
with the product under investigation;  
VIII. The period under investigation; 
 
IX. The arguments and circumstances taken into consideration by the authority for the 
purpose of issuing the resolution; and 
 
X. Any other information agreed in the international treaties or conventions to which Mexico 
is a party, which the Ministry may have considered. 
 ARTICLE 125.- In addition to the information indi cated in the preceding Article, the initiating 
resolution shall contain: 
 
I. A summons to the interested parties and to foreign governments, so that they may appear 
and make representations they see fit; 
 
II. The period for the submission evidence; and 
 
III. A statement that the countries signatories to the international treaty or convention 
to which Mexico is a party will be notified for consultation purposes. 
 ARTICLE 126.- … 
 
I. A description of the serious injury or threat thereof to the domestic industry; 
 
II. to VII. … 
 
VIII. The date on which the draft final resolution was submitted to the Commission 
for an opinion and the tenor of the opinion given. 
 ARTICLE 128.- Repealed . 
 
ARTICLE 130.- … 
 
I. A description of the critical circumstances caused by the serious injury or threat 
of serious injury; 
 
II. and III. … 
 
ARTICLE 131.- … 
 
I. If it is confirmed that there is serious injury or a threat of serious injury to domestic 
production due to increased imports in the volumes and under the conditions referred to in the Act 
and in these Regulations:  
A. Description of the serious injury or threat of serious injury to the domestic industry; 
 
B. to D. … 
 
E. The date on which the draft final resolution was submitted to the Commission for an 
opinion and the tenor of the opinion given.  G/ADP/N/1/MEX/1/Suppl.5 • G/SCM/N/1/MEX/1/Suppl.4 • G/SG/N/1/MEX/1/Suppl.4 
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  II. If it is established that the increased imports, in these volumes and under these 
conditions, are not causing or threatening to cause serious injury to the domestic industry, a statement that the administrative investigation procedure is being terminated without the imposition of safeguard measures. 
TITLE VIII 
… 
CHAPTER I 
General Provisions 
 
 ARTICLE 136.- For the purposes of Article 50 of the Act, legally constituted organizations are 
deemed to be chambers, associations, confederations, councils or any other group of producers 
constituted in accordance with Mexican law, whose object is to represent the interests of natural 
or legal persons engaged in the production of goods that are identical, similar to or, in the case 
of safeguard measures, direct competitors with the imported products. 
 ARTICLE 137.- Any legally constituted organization, a producing natural or legal person that 
has submitted the request referred to in Article 50 of the Act, may withdraw it, in accordance with 
the following:  
I. If the request is withdrawn prior to publication of the resolution to initiate the 
investigation, the investigating authority shal l approve the validity of the withdrawal; and 
 
II. If the request is withdrawn after publication of  the resolution to initiate the investigation, 
the investigating authority shall declare the with drawal to be valid and shall publish a notice 
in the Diario Oficial de la Federación . 
 
ARTICLE 139.- A written report shall be prep ared of any communication, whether direct 
or by other conventional or electronic means, between the Ministry and any interested party, 
his representatives or additional parties during the investigation regarding unfair international trade and safeguard practices. The report shall contain a summary of the object 
of the communication and the conclusions reached. It shall also contain the name and office 
of the public servant who prepared it, the place and signature.  
ARTICLE 140.- Copies of the reports, documents or items of evidence to which Article 56 of the Act 
refers shall be despatched on the same day they are presented to the Ministry. Interested parties 
shall send, by any means, including electronic means, copies to the other interested parties 
appearing in the resolution launching the procedure or on the list subsequently provided 
by the Ministry. This obligation does not relieve the investigating authority of its duty to provide, at the expense of the interested parties requesting it, a certified copy of the public information present in the administrative dossier. 
 
At the time of transmission of the documentation referred to in the preceding paragraph, 
the interested parties shall also submit a certificate of despatch of that documentation to the other 
interested parties, together with the correspondi ng acknowledgement of receipt stating the name 
of the sender and the date of receipt, in conf ormity with the forms issued by the Ministry. 
 
Should the interested parties fail to send the copies, the Ministry may not take into account 
information that has not been sent and may make its decision on the basis of the facts known to it. The party that has not received copies should so inform the Ministry.  G/ADP/N/1/MEX/1/Suppl.5 • G/SCM/N/1/MEX/1/Suppl.4 • G/SG/N/1/MEX/1/Suppl.4 
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  ARTICLE 145.- Where the Ministry does not know the name or business name or domicile 
of the persons to be notified, whether resident in Mexico or abroad, the notification shall be by publication of the resolution in the Diario Oficial de la Federación . 
 
… 
 
… 
 
ARTICLE 147.- For the purposes of Article 80 of  the Act, the Ministry, on written request, 
shall grant the interested parties the opportunity to examine all the information contained in the administrative dossier for the presentation of their arguments, under the terms established 
in the Act and in these Regulations. This information may be examined by the parties during 
proceedings concerning unfair international trade practices and safeguard measures, the appeal for reversal, the hearing in the Upper Chamber of the Federal Tax and Administrative Court 
and alternative dispute settlement mechanisms with  regard to unfair international trade practices 
and safeguard measures referred to in the international treaties or agreements to which Mexico is a party. 
 
The Ministry shall, upon request and at the expe nse of the interested parties, send certified 
copies of information that is not classified as reserved or confidential contained in the administrative dossier, when appropriate, in conformity with the provisions of Article 80 
of the Act and these Regulations. 
 ARTICLE 148.- … 
 
I. to III. … 
 
IV. Any other information or data which under th e Act and these Regulations do not constitute 
confidential, restricted commercial or confidential government information and whose publication is not prohibited, as well as information which in terms of the Federal Law on Transparency and Access to Government Public Information is not reserved confidential. 
 
ARTICLE 149.- … 
 
I. to IX.. … 
 (Last paragraph is repealed) 
 
ARTICLE 154.- … 
 
In any event, confidential government information shall include data, statistics and documents 
concerning national security and strategic activities for the scientific and technological 
development of the country, and information contained in communications internal to the Ministry, between government departments and government-to-government communications 
of a confidential nature under the Act. 
 ARTICLE 157.- Repealed . 
 
ARTICLE 158.- … 
 
I. to III. … 
 
IV. Where appropriate, give his express, written consent that information marked confidential 
may be reviewed by the legal representatives of the other interested parties. 
 
ARTICLE 159.- … 
 
I. … 
 
II. Repealed . 
 
III. to VII. … G/ADP/N/1/MEX/1/Suppl.5 • G/SCM/N/1/MEX/1/Suppl.4 • G/SG/N/1/MEX/1/Suppl.4 
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  VIII.  He must state in writing the reasons why the confidential information he is requesting 
to examine is relevant to the defence of his case . In such a situation, the Ministry may specify 
under what conditions it shall be considered that confidential information may be useful to the defence of the case in question; 
 
IX. He must give an undertaking to the Ministry to return the original versions of his notes 
or summaries made when examining the confidential information, within ten days following 
the issue of the final resolution; and 
 
X. Submit the form issued by the Ministry for that purpose. 
 
The confidential information which, under these Regulations, legal representatives of interested 
parties have the right to examine, as do persons having access to such information under the international treaties or conventions to which Mexico is a party, shall be strictly for personal 
use and shall not be transferable for any reason whatsoever. 
 ARTICLE 160.- … 
 
I. He shall not have been convicted of an intentional crime; 
 
II. and III. … 
 
IV. He must provide a form of security for the amount fixed by the Ministry under the Federal 
Tax Code, against his committing any of the unlawful acts described in subparagraph VI 
of Article 93 of the Act. The security may be canc elled following the publication of the resolution 
in question, provided the obligation referred to in subparagraph IX of Article 159 of these 
Regulations has been complied with. 
 
When the requirements have been fulfilled, the Ministry shall hold the legal representative 
as accredited and shall send him the respective confirmation within ten days from the day of submission of the request; this time-frame shall not apply to certificates or authorizations 
issued in connection with dispute settlement proc edures contemplated in international treaties 
or trade agreements to which Mexico is a part y or in the rules of procedure or provisions 
emanating from them. 
 
ARTICLE 161.- … 
 
(Second paragraph is repealed) 
CHAPTER V 
Evidence and Pleadings 
 
 
ARTICLE 163.- The period for the submission of  evidence shall run from the day following 
the publication of the initiation of the administrative investigation in the Diario Oficial 
de la Federación  until the close of the public hearing referred to in Article 81 of the Act. 
 ARTICLE 164.- Upon the expiry of the time-frame re ferred to in Article 53 of the Act, the Ministry 
shall give the opportunity to the requesting parties and, if applicable, the joint parties, to present 
counter-arguments or replies within the eight days following.  
Following the publication in the Diario Oficial de la Federación  of the preliminary resolution 
to which Article 57 of the Act refers, the Ministry shall grant a period of 20 days to allow the 
interested parties to present supplementary argume nts and evidence which they consider relevant. 
 
ARTICLE 165.- … 
 
The public hearing shall be held in those procedures in which it is specifically foreseen 
in these Regulations. 
 G/ADP/N/1/MEX/1/Suppl.5 • G/SCM/N/1/MEX/1/Suppl.4 • G/SG/N/1/MEX/1/Suppl.4 
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  ARTICLE 167.- Repealed . 
 ARTICLE 171.- The interested parties may only present information, evidence and data that they consider relevant in defence of their interests during periods for the submission 
of evidence. Nevertheless, the Ministry may allow the submission, repetition or amplification of any 
evidence or evidential acts outside the period for the submission of evidence, provided that 
it so deems necessary and that it may result in better knowledge of the truth about the facts 
under investigation. 
 ARTICLE 173.- The verification visits to which Article 83 of the Act refers shall be conducted in accordance with the following rules: 
 
I. The visits shall be conducted in the place indicated by the interested party to be visited; 
 
II. The visits shall be attended by the person being visited or his accredited representative, 
or by the person present on the date when the visit takes place;  
III. At the start of the visit, the visiting parties shall formally identify themselves to the person 
or persons with whom the proceeding has been arranged, requiring them to designate two witnesses. If witnesses are not designated or  the designated persons do not consent to serve 
as such, the visiting officials shall designate witnesses, noting that fact in the record, 
without this invalidating the results of the visit; 
 
IV. The interested parties, their representative s or the person with whom the visit has been 
arranged, are obliged to allow the visiting officials designated by the Ministry access to the place 
or places which are the subject of the procee ding and make available to them the accounts 
and other documents supporting the information presented during the investigation. In that case, 
the visiting officials may obtain copies that shall be annexed to the record of the visit after 
being compared with the original documents. Verification shall also be permitted of goods, documents, disks, tapes or any other data stor age system maintained by the interested party 
at the places visited. 
 
If the interested party being visited maintains his accounting system or part of it on an 
electronic recording system, the computer equipm ent and its operators shall be made available 
to the visiting officials so that they can assist them in their work; 
 
V. A record shall be drawn up of every visit, gi ving full details of the facts or omissions noted 
by the visiting officials; 
 
VI. On completion of the verification procedure and the relevant report, no additional reports 
may be drawn up without a new notification; 
 
VII. On completion of the verification procedure and the relevant report, the interested parties 
or their representatives may present to the Ministry their objections, opinions and supplementary 
information which the authority in question might have requested of them during the verification 
procedure, within five days from the conclusion of the relevant report. If within this time-limit no opinions or objections to the content of the report are submitted, the acts and omissions 
contained therein shall be held to be accepted; and 
 
VIII. The report drawn up at the time of the verification visit shall be signed by the visiting 
officials, the interested party or his representative or the person with whom the procedure 
was arranged and by the witnesses. If any of th e persons indicated refuses to sign the report 
concerned, the visiting officials shall note this fact in the report itself without it affecting its validity and value as evidence. 
 
The Ministry may carry out verification visits in all procedures in relation to unfair international 
trade practices and safeguard measures, including the special procedures referred to in the Act 
and these Regulations. 
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  ARTICLE 177.- Under the terms of Article 7 of the Act, the purpose of the Joint Commission 
is to analyse, evaluate, propose and arrange actions between the public and private sectors 
with regard to the foreign trade of goods and serv ices in the framework of the National System for 
External Promotion. 
 
ARTICLE 178.- … 
 
I. … 
 
A. and B. … 
 
C. Ministry of the Environment and Natural Resources; 
 
D. Ministry of Energy; 
 
E. Ministry of the Economy; 
 
F. Ministry of Agriculture, Livestock,  Rural Development, Fisheries and Food; 
 
G. to I. … 
 
J. Ministry of Na tional Defence; 
 
K. and L. … 
 
I bis. Federal entities, subject to agreem ent between them and the Ministry. 
 
II. Private sector entities that specifically express their willingness, whose positions will 
be honorary, and which will collect no salary or emolument of any kind for their participation:  
A. and B. … 
 
C. Mexican Business Council for Foreign Tr ade, Investment and Technology, C.A. ( Consejo 
Empresarial Mexicano de Comercio Ex terior, Inversión y Tecnología, A.C. ); 
 
D. Latin American Confederation of Customs Brokers; 
 
E. to K. … 
 
Besides, the Joint Committee may invite other representatives of departments and entities 
of the Federal and State Public Administration  and of the private sector to participate, 
when matters concerning their respective remits or the interests they represent are 
to be discussed.  
Each department, entity and body mentio ned in this Article shall appoint one 
permanent representative.  
ARTICLE 179.- Repealed . 
 ARTICLE 180.- … 
 
I. to IX.. … 
 
X. Any others assigned it by the Federal Executive and which are necessary to analysing, 
evaluating, proposing and coordinating actions between the public and private sectors in the field 
of foreign trade in goods and services.  
ARTICLE 181.- To better discharge its functions, the Joint Commission shall work through 
a website, via which proposals or cases regarding foreign trade in goods or services may be submitted. 
The cases submitted shall be resolved within a maximum of 30 calendar days, counted as from 
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  After consultation with the members of the Joint Commission, the Ministry shall publish, 
by means of rules, the procedure for handling cases and the form for submitting them.  
The Ministry shall coordinate the establishment and operation of a National Foreign Trade 
Enquiry Point ( Servicio Nacional de Información de Comercio Exterior ) the aim of which shall 
be to provide, by electronic means and solely for information purposes, information on tariffs, non-tariff regulations and restrictions of the departments and bodies involved in foreign trade, 
as well as relevant information relating to the procedural formalities applicable under non-tariff 
regulations and restrictions when goods enter or leave the national territory.  
The National Foreign Trade Enquiry Point shall facilitate access to the information by means 
of electronic tools available for consultation at a single point only, and shall establish mechanisms 
for homogenizing, standardizing, monitoring and updating the information provided.  
ARTICLE 182.- Repealed . 
 ARTICLE 183.- Repealed . 
 
ARTICLE 184.- Repealed . 
 ARTICLE 185.- Repealed . 
 
ARTICLE 186.- Repealed . 
 
ARTICLE 187.- Repealed . 
 ARTICLE 188.- Repealed . 
 
ARTICLE 189.- Repealed . 
 ARTICLE 207.- The candidates for the National Export Award must deliver to the coordinating area 
designated by the Under-Secretariat for Foreign Trade a detailed description of their systems, 
processes and achievements in the realm of exports or related activities, as well as the documents and statistics they have pe rtaining to the following: 
 
I. to IX. … 
 
ARTICLE 210.- … 
 
I. The Minister of the Economy, who shall chair it; 
 
II. The Under-Secretary for Industry and Trade, who shall act as Vice-Chair of the 
Committee; and  
III. … 
 
A. and B. … 
 
C. Ministry of the Environment and Natural Resources; 
 
D. Ministry of Energy; 
 
E. Ministry of Agriculture, Livestock, Rural Development, Fisheries and Food; 
 
F. to H. … 
 
I. Repealed . 
 
J. and K. … 
 
… 
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  TRANSITIONAL PROVISIONS 
FIRST.- This Decree shall enter into force on the day following its publication in the Diario 
Oficial de la Federación  with the exception of the stipulations of the fourth transitional provision 
of this Decree, and shall apply to the totality of imports, regardless of their origin and provenance, 
including imports from the United States of America and Canada. 
 
SECOND.-  Administrative proceedings under way at the time of entry into force of this Decree 
shall be resolved in accordance with the general provisions of the Regulations under the Foreign 
Trade Act applicable at the time they were initiated.  
THIRD.-  The Ministry of Economy and other competent departments shall undertake 
the actions necessary to ensure that the implemen tation of this Decree is charged against their 
authorized budget for the corresponding fiscal ye ar, with the result that they will need 
no additional funds for that purpose. 
 
FOURTH. The amendments to Article 181 and the repeal of Articles 179, 182, 183, 184, 185, 
186, 187, 188 and 189 shall take effect at the end of  the six months following the entry into force 
of this Decree. 
 
Done at the seat of the Federal Executive in Mexico City, Federal District, on this sixteenth day 
of May of the year two thousand and fourteen. Enrique Peña Nieto .- Signed. The Minister 
of Finance and Public Credit, Luis Videgaray Caso .- Signed. The Minister of the Economy, 
Ildefonso Guajardo Villarreal .- Signed. 
 
Director of Cartography and Mining Concessions, Francisco Javier Guevara García .- Signed. 
 
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