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ARTICLES

LEGAL RESOURSES

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    • ARTICLE 62: APPLICABLE RULES IN THE LINKAGE BETWEEN PRODUCERS AND EXPORTERS OR IMPORTERS

     

    For the purposes of the second paragraph of article 40 of the Law (LCE: Art. 40), it will be as follows:

  • Producers that can be considered representative of the national production and have the quality of applicants, must prove that the linkage does not have or will have restrictive effects on competition, or if they themselves carry out part of the investigated imports, they must demonstrate that their imports are not the cause of internal price distortion or the cause of the alleged damage, and

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  • It may also be considered as representative of the national production, all the manufacturers of the merchandise produced in the immediate previous stage of the same continuous production line of the merchandise identical or similar to that imported in conditions of price discrimination or subsidy, when:

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  • As a result of the linkage, the interests of the related producer or of the producer-importer coincide in a way with those of the exporters or importers that the producers themselves accept or favor the realization of imports under conditions of price discrimination or subsidized and, consequently, they would not submit an investigation request against unfair practices;

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  • Merchandise produced in the immediate stage prior to the manufacture of goods identical or similar to the imported product shall be raw material of agricultural origin and constitutes the main supply of the good in question, and

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  • The supply of agricultural origin is used in the same continuous production line of the processed merchandise and is almost entirely destined to the production of the processed merchandise.

    • The application of this provision must be consistent with the commitments made by Mexico in international treaties or agreements.