Dumping Investigation Procedure in Mexico

The investigation procedure of dumping or unfair trade practices in matters of discrimination is headed by the International Trade Practices Unit, which reports directly to the Ministry of Economy.

But how is the dumping investigation carried out? According to the Commercial Law and its Regulations in force in our country, the dumping investigation procedures can be initiated ex officio by the Secretary of the Economy when it has sufficient evidence of the existence of price discrimination, or at the request of an interested party, which may be legally constituted organizations, individuals or producers.

An initiating resolution will be issued that will integrate the following phases:

1. Resolution declaring the initiation of the investigation and the order for its publication in the Official Gazette of the Federation.
2. The specific period of investigation and a period of analysis are indicated.
3. In parallel, the authority summons national producers, importers, exporters and anyone with an interest legal in the investigation, so that within 23 business days submit your response with the official form, your arguments and the tests that they consider pertinent.
4. Notification of the initiation resolution is ordered to the parties and to
foreign governments.

Subsequently, specifically within a period of 90 days from the date of the publication of the resolution to initiate the dumping investigation in the Official Gazette of the Federation, a PRELIMINARY RESOLUTION will be issued that will revolve around three cases:

1. Determine a provisional quota considering that in the case under investigation if price discrimination conditions were updated.
2. Do not impose provisional compensatory fee and continue with the investigation.
3. To terminate the dumping investigation initiated due to insufficient evidence to establish price discrimination.

Likewise, the preliminary resolution must be published in the Official Gazette of the Federation and the interested parties will be notified later.
It should be added that the interested parties that are accredited during the investigation procedure will have a period of 20 working days from the publication indicated in the preceding paragraph, to appear before the Ministry of Economy, to present the evidence and arguments that they consider pertinent.

Now, once the investigation has concluded, the Ministry of the Economy will present a final draft resolution to the Foreign Trade Commission, which must be issued within 210 days from the day following the publication in the Official Gazette of the Federation of the resolution of initiation, and may be in any of the following ways:

1. Imposition of definitive compensatory quotas.
2. Revocation of provisional compensatory quota.
3. Declare the investigation concluded without imposing compensatory quotas.

As in the previous cases, the final resolution will be published in the Official Gazette of the Federation and in the event that it is concluded with the confirmation of a definitive compensatory fee, it will be applied from the day following its publication.

Notwithstanding the foregoing, interested parties may still choose to request the Secretary of the Economy to resolve whether a specific merchandise is subject to the payment of a compensatory fee, or, failing that, choose to present an amparo judgment that, in our experience, will be more convenient and profitable because it will allow the assets of the company or producer not to be diminished by the resolutions of this type in which it is involved.