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ARTICLES

LEGAL RESOURSES

Exchange rate:

$ 17.33

    • ARTICLE 54: RESPONSIBILITIES OF THE CUSTOMS AGENT

    The customs agent and the customs agency will be responsible for the veracity and accuracy of the data and information provided, for the determination of the customs regime (LA: Art. 91) of the merchandise, their correct tariff classification and the exact determination of the commercial identification number, as well as ensuring that the importer or exporter has the documents that prove compliance with the other obligations in the area of .. non-tariff regulations and restrictions apply to said merchandise, in accordance with the provisions of this Law and other applicable laws and legal provisions.

    The customs agent and customs agency will not be responsible in the following cases: (LA: Art. 195) (RLA: Art. 235) (RGCE 2022: Regla 3.1.35)

  • For the payment of differences in contributions, compensatory fees, fines and surcharges that are determined, as well as for non-compliance with non-tariff regulations and restrictions, if these come from the inaccuracy or falsity of the data and documents that the taxpayer had given, provided that they could not have known said inaccuracy or falsity when examining the merchandise, for requiring chemical or laboratory analysis for their identification, in the case of merchandise determined by rules by Service Tax Administration (Servicio de Administración Tributaria).

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  • Of the contributions and, as the case may be, compensatory fees omitted by the difference between the declared value and the customs value determined by the authority, when one of the following cases occurs:

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  • When the declared value in the customs declaration (pedimento) is less than the transaction value of identical or similar merchandise determined in accordance with articles 72 and 73 of the Law, in less than 40%. (LA: Art. 72) (LA: Art. 73)

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  • When the merchandise are subject to estimated prices by the Ministry, provided that the declared value is equal to or greater than the estimated price or has been granted the guarantee referred to in Article 86-A, section l of the Law. (LA: Art. 86A) (RGCE 2022: Regla 3.5.10)

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  • Of the omitted contributions derived from the application of a preferential tariff when, in accordance with any international treaty or agreement to which Mexico is a party, a certificate of origin is required to enjoy preferential tariff treatment, provided that it keeps a copy of the certificate of origin that covers the merchandise and ensures that the certificate is in the official format approved for such purposes, that it has been completed in its entirety in accordance with its instructions and that it is in force on the date of importation.

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  • Of the omitted compensatory fees when importing identical or similar merchandise to those that are subject to said quotas, provided that it keeps a copy of the valid country of origin certificate, issued in accordance with the applicable provisions and complies with the provisions of the Regulations. (RLA: Art. 78)

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    The exclusion of liability indicated in this article, will not be applicable when the customs agencies or the customs agent declares the name, address, or the code of the Federal Taxpayer Registration (RGCE 2022: Regla 6.1.3) of the person that the operation or the dispatch of the merchandise had not been entrusted to them. (LA: Art. 165) (LA: Art. 183A) (LA: Art. 198) (CFF: Art. 104) (CFF: Art. 105)