ARTICLE 121: OPTION OF THE IMPORTER WHEN IT CANNOT DETERMINE THE AMOUNT OF THE ROYALTIES AND THE LICENSE RIGHTS AT THE TIME OF THE IMPORT

When the price paid for the merchandise must be added, the amount of the charges referred to in article 65, sections III and IV of the Law (LA: Art. 65) and at the time of importation the amount of such charges cannot be determined, the importer may apply the transaction value method, provided that it estimates the approximate amount of the same charges and provisionally determines the taxable base.

When the charges referred to in the preceding paragraph can be determined and result in amounts different than those estimated, the importer must submit a rectification of the customs declaration (pedimento) correcting the taxable base and paying the contributions due, as well as the surcharges caused as of the date in which contributions were covered in accordance with article 89 of the Law (LA: Art. 89) and with the Federal Fiscal Code (Código Fiscal de la Federación).

After one year from the date of submission of the customs declaration (pedimento), without the amount of charges referred to in sections III and IV of Article 65 of the Law (LA: Art. 65) it can be determined, the importer must rectify the customs value of the merchandise provisionally determined, using the valuation method that corresponds to it in the terms of Article 71 of the Law (LA: Art. 71). In case of not presenting the complementary declarations within said period, the customs values declared provisionally will be definitive for all legal purposes.

The provisions of this article shall only apply when the importer complies with the obligation established in section l of article 59 of Law (LA: Art. 59), except as provided by Article 79 of these Regulations. (LA: Art. 79)