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ARTICLES

LEGAL RESOURSES

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    • ARTICLE 75: THE INVESTIGATION REQUEST FOR UNFAIR INTERNATIONAL TRADE PRACTICES

     

    The interested party request for the initiation of an administrative investigation regarding unfair international trade practices, in addition to being submitted in writing and complying with the requirements set forth in articles 50 and 51 of the Law (LCE: Art. 50) (LCE: Art. 51), shall be submitted with the form issued by the Ministry (RLCE: Art. 1), said request will contain the following:

  • The competent administrative authority before which it is promoted;

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  • Name or business name and address of the promoter and, where appropriate, its representative, accompanying the documents that prove it;

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  • Main activity of the promoter;

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  • Volume and value of the national production of the product identical or similar to that of importation;

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  • Description of the participation of the promoter, in volume and value, in the national production;

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  • The legal foundations on which it is based;

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  • Description of the imported merchandise, accompanying the specifications and characteristics comparatively with that of national production and, the other data that individualize it; the volume and value that was imported or intended to be imported (RLCE: Art. 79) based on the corresponding unit of measure and its tariff classification in accordance with the Tariff of the Law on General Import and Export Taxes (Ley de los Impuestos Generales de Importación y de Exportación);

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  • Name or business name and address of the person known to have made the importation or of those who intend to carry it out, clarifying whether said importation was made or will be carried out in one or more operations;

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  • Name of the country or countries of origin and provenance of the merchandise, as the case may be, and the name or business name of the person or people known to have made or intend to export allegedly under unfair conditions to Mexico;

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  • Statement of facts and data, accompanied by reasonably available evidence, on which their request is based. These facts must be succinctly narrated, clearly and precisely, from which the founded probability of the existence of the unfair practice of international trade is inferred;

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  • Instructions of the difference between the normal value and the comparable export price or, where appropriate, of the impact of the subsidy on the export price.

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    For the purposes of what is indicated in the previous paragraph, the calculation methodology that was used to determine the normal value, the export price and the proposed adjustments will be described, indicating the sources of information consulted in each case;

     

  • In the case of subsidies, in addition, the information and facts related to this unfair practice, the foreign government authority or body involved, the method of payment or transfers and the amount of the subsidy for the foreign producer or exporter of the merchandise;

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  • The evidentiary elements that allow us to appreciate that due to the introduction to the national market of the merchandise in question, damage is caused to the national production;

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  • If applicable, description of the requests for other regulatory or commercial restriction measures related to the merchandise subject to the request, and

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  • The rest that is considered necessary.

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    The request referred to in this article must have the autograph signature of the interested party or who acts on their behalf.

    The request and attached documents must be submitted in original and in as many copies as indicated by the Ministry in the official form.

    Transfer copies must be submitted at the latest with the response to the prevention, in as many copies as importers, exporters and, where appropriate, foreign governments are named in their request and in the response to the prevention. These copies must be submitted by the means determined by the Ministry. Failure to comply with this obligation, the request will be considered abandoned.

    The investigation procedure will not be an obstacle to the clearance before the corresponding customs of the merchandise involved in the investigation.