WORLD TRADE  
ORGANIZATION  G/ADP/N/1/MEX/1/Suppl.4 
G/SCM/N/1/MEX/1/Suppl.3 
G/SG/N/1/MEX/1/Suppl.3 
8 February 2007 
 
 (07-0536) 
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 26 January 2007, has been received from the Permanent 
Mission of Mexico.  
_______________ 
  
 Pursuant to Article 18.5 of the Anti-Dumpi ng Agreement, Article 32.6 of the Agreement on 
Subsidies and Countervailing Measures, and Article  12.6 of the Agreement on Safeguards, I hereby 
notify the Committee on Anti-Dumping Practices, the Committee on Subsidies and Countervailing 
Measures, and the Committee on Safeguards of the following amendments to our legislation in those 
areas. 
  I accordingly submit a copy of the Decree ame nding and supplementing various provisions of 
the Foreign Trade Act, published in the Diario Oficial de la Federación  (Official Journal) of 
21 December 2006. 
 
     
 
    
 
     
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  MINISTRY OF THE ECONOMY 
 
 Decree amending, supplementing and repealin g various provisions of the Foreign Trade 
Act.  
 In the margin, a stamp with the national emblem and the words United Mexican States – Office of the President of the Republic.   
 I, Felipe De Jesús Calderón Hinojosa , President of the United Mexican States, hereby 
inform Mexican citizens:       That the Honourable Congress of the Un ion has notified me of the following: 
  
DECREE 
 
"The General Congress of the United Mexican States decrees:  that various provisions of the 
Foreign Trade Act are amended, supplemented and repealed.  
 
 Single Article.- The following are amended:  Articles 53, final paragraph;  64, second 
paragraph;  68, first paragraph;   89 D, subparagraph I;  93, penultimate paragraph;  and 97, 
subparagraphs II and III;  the following are supplem ented:  Article 65 by Article 65 A;  and the 
following are repealed:  Articles 68, final paragraph,  and 93, subparagraph V;  all of the foregoing 
being part of the Foreign Trade Act, which now reads as follows:    Article 53.-... 
  ...  
The interested parties to which the questionnaires used in an investigation are sent shall be 
given a period of 23 days to submit their  arguments, information and evidence in conformity with the 
applicable legislation.  The time-limit given to the interested parties shall be counted from the date of 
receipt of the questionnaire, which for this purpose sh all be deemed to have been received five days 
from the date on which it was sent to the respondent  or transmitted to the appropriate diplomatic 
representative of the Government of the exportin g country or, in the case of a separate customs 
territory, an official representative of the exporting territory. 
 
Article 64.-... 
 ... 
 
 The Ministry shall determine a countervailing duty on the basis of the margin of price 
discrimination or subsidization obtained, on the basis of the best information available, from the facts 
available, in the following cases:  
 ... 
  
 Article 65 A.-  In the case of price discrimination which causes injury to the domestic 
industry, the Ministry is responsible for determin ing the application of a final countervailing duty to 
the goods under investigation imported in the three m onths prior to the date of application of the 
provisional measures, where the authorities determin e for the investigated product subject to price 
discrimination that:  G/ADP/N/1/MEX/1/Suppl.4 
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(a) There is a history of price discriminati on which caused injury or that the importer 
was, or should have been, aware that the exporter was engaged in price discrimination 
and that such discrimination would cause injury;  and 
 
 (b) the injury is caused by massive imports in a relatively short period of a product 
subject to price discrimination, and the Minist ry considers that in light of the timing 
and the volume of these imports and other ci rcumstances (such as a rapid build-up of 
inventories of the imported product) they are likely to seriously undermine the 
remedial effect of the final countervailing duty to be applied, provided that the 
importers concerned have been given an opportunity to comment. 
  
 In the case of subsidies which cau se injury to the domestic industry, where, for the subsidized 
product in question, the investigating authority finds th at injury which is difficult to repair, that is to 
say, when critical circumstances ex ist, is caused by massive imports in a relatively short period of a 
product benefiting from subsidies paid or bestowed in consistently with the applicable provisions, and 
where it is deemed necessary, in order to pr eclude the recurrence of such injury, to assess 
countervailing duties retroactively on these imports , it is the responsibility of the Ministry to 
determine the application of the final count ervailing duty to goods imported not more than 
three months prior to the date of application of the provisional measures. 
 Article 68.-  Final countervailing duties may be reviewed annually at the request of a party, 
or ex officio  by the Ministry at any time, irrespective of whether the duties are subject to an 
alternative dispute settlement mechanism or  administrative or judicial proceedings. 
  ... 
 
 ... 
 
 Final paragraph repealed.   Article 89 D.-... 
 
 I.  Their exports to the national territory of th e goods subject to countervailing duties were 
subsequent to the period under investigation in the proceedings that gave rise to the countervailing 
duty, and 
 
 II.  ... 
 
 Article 93.-... 
 
 ... 
 
 V. ... Repealed; 
 
 ... 
  In applying the fines referred to in subparagraph VI of this Article, the Ministry shall take 
account of the seriousness of the infringement, the in jury and losses caused, the previous record and 
the personal and economic s ituation of the offender. 
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   ... 
 
 Article 97.-... 
 
 I. ... 
 
 II.  The only resolution considered final shall be the  Ministry's resolution issued as a result of 
the decision emanating from the altern ative mechanisms.  Interested parties resorting to an alternative 
dispute settlement mechanism or interested parti es subject to the payment of countervailing duties 
which may be modified by virtue of such a m echanism, may guarantee the final countervailing duties 
in the terms of subparagraph III of  Article 98 of this Act.  Likewise, in the event that the 
countervailing duty determined by admi nistrative review is lower than the one in effect at the time 
when the alternative dispute settle ment mechanism is initiated, they  shall provide a guarantee or pay 
the difference between the said duties until the issue addressed under the mechanism has been 
definitively resolved, and   III.  The  provisions of Article 51 of the Federal Law on Administrative Dispute Procedure 
shall be observed.  
TRANSITIONAL PROVISIONS 
 
 First – This Decree shall enter into force on the day following its publication and shall apply 
to the totality of imports, regardless of their or igin and provenance, including imports from the 
United States of America and Canada. 
 
 Second  – The Regulations of the Foreign Trade Act, as published in the Diario Oficial de la 
Federación  of 30 December 1993, shall continue to apply in sofar as they are not inconsistent with this 
Decree, until such time as the co rresponding reforms are issued. 
 
 Third – Administrative proceedings under way at the time of entry into force of this Decree 
shall be resolved under the Forei gn Trade Act, as published in the Diario Oficial de la Federación  of 
27 July 1993, and the amendments to said Act, as published in the Diario Oficial de la Federación  of 
13 March 2003 and 24 January 2006.   Mexico City, Federal District, 12 December 2006.-  Mr Manlio Fabio Beltrones Rivera , 
Presiding.-  Dep. Jorge Zermeño Infante , Presiding.-  Mr Renan Cleominio Zoreda Novelo , 
Secretary.-  Dep.  Ma. Mercedes Maciel Ortiz , Secretary.-  Signed." 
 
 Pursuant to Article 89, section I, of the Po litical Constitution of the United Mexican States, 
and for due publication and observance, I issue this Decree at the seat of the Federal Executive in Mexico City, Federal District, on the twentie th day of the month of December of the 
year two thousand and six.-  Felipe de Jesús Calderón Hinojosa .- Signed.-  Minister of the Interior,  
Francisco Javier Ramírez Acuña .- Signed.  
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