Recent Developments in Brief
Agriculture, Mines & Cattle Industry
MEXICO
Pesticide Applications Regulated
Technical standards to regulate individuals and corporations that apply pesticides were published by the Department of Agriculture, Livestock and Rural Development. NOM-052-FITO-1995 establishes requirements and specifications for those applying pesticides with airplanes. Diario Oficial, 6/10/97.
Antitrust/Antidumping Cases
MEXICO
Products Not Covered in Antidumping Case
The Department of Commerce and Industrial Development published a resolution stating that certain products are exempt from antidumping duties set by a prior antidumping investigation. On 5/25/97, the Department had imposed antidumping duties ranging from 18%-28% on a type of cellulose tubes.
The product subject to these duties and classified under tariff category 3917.39.01 was produced by two U.S. corporations and a Spanish company. Sigma Alimentos S.A. de C.V. had requested in March 1996 that the Department determine whether certain sizes of the cellulose tubes which were subject to antidumping duties should be included. The Department resolved that certain cellulose tubes should not be subject to the antidumping duties. The Department also ordered the return of any antidumping duties that had been collected with respect to the products in question. Diario Oficial, 6/3/97.
Binational Panels Dismissed
The Department of Commerce and Industrial Development published several announcements regarding the termination of binational panels convened for the purpose of revising specific antidumping cases. Cases involving porcelainized kitchen utensils, leather clothing, cement, oil pipelines and fresh flowers were dismissed because no party requested the establishment of an extraordinary appeal committee. Diario Oficial, 5/28/97.
Antidumping Decision on U.S. Products Announced
A final resolution to an antidumping investigation on cellulose film (película de celulosa regenerada con o sin recumbrimiento) from the U.S. was published by the Department of Commerce and Industrial Development. Masterpak S.A. de C.V. alleged in July 1995 that cellulose film imported into Mexico under tariff category 3920.71.01 was sold at prices below cost.
The Deparment’s final resolution imposes antidumping duties of 30.6% on the film. Diario Oficial, 5/28/97.
Communications
MEXICO
Frequencies Open for Bid
The Federal Commission of Telecommunications announced the opening of a bid process to obtain concessions for several frequencies.
The bids pertain to concessions to use and exploit radioelectric spectrum frequency bands, and to provide services for fixed and mobile access.
The Commission’s home page lists information about the bidding process, including dates and numbers. Diario Oficial, 6/9/97.
Procurement Amended
Amendments to a procurement notice were published by the Federal Commission of Telecommunications in the Diario Oficial of 6/10/97. The original notice was published 5/14/97.
Consumer Law
MEXICO
Certification Entities Solicited
The Department of Commerce and Industrial Development published a notice for those interested in obtaining permits to act as a certification entity (entities that receive permission to certify that products comply with certain technical standards).
The notice relates to authorization to certify compliance with NOM-004-SCFI-1994, which sets labeling requirements for textile products, and NOM-024SCFI-1994, which establishes rules on commercial information in electronic devices. Diario Oficial, 5/29/97.
Customs
MEXICO
Lists of Product Standards Published
The Department of Commerce and Industrial Development published an agreement identifying the tariff categories of the General Import Tax Law and the General Export Tax Law that classify merchandise subject to compliance with the Official Mexican Standards at ports of entry or exit.
The 145-page document lists the different products that must comply with technical standards upon entering or exiting Mexico.
Manufacturers exporting products to Mexico must check this list to see if their products are subject to technical standards. If such is the case, the exporter must contact a Mexican verification agency, which will issue a certificate indicating that the product complies with the respective technical standard (NOM). Diario Oficial, 6/2/97.
Technical standards may be obtained from the InterAmsm database. To locate verification units in Mexico, send e-mail to Fgarcia@natlaw.com.
Product Added to Export Law
A list of new products added to the General Law on Export was published by the Department of Commerce and Industrial Development. The list of new products includes different types of sugar. Diario Oficial, 6/2/97.
Import Quotas Set
The Department of Commerce and Industrial Development announced quotas applicable to different products, including orange juice from the U.S. and fowl.
The products are described in three different resolutions that delineate the amounts permitted, the tariff category and the procedure to obtain the quota certificates. Diario Oficial, 5/29/97.
The Department published three separate resolutions establishing quota limits for barley, malt, forestry products and certain kinds of beans. Diario Oficial, 6/10/97.
Trade Benefits Expanded to the Border
The Department of Commerce and Industrial Development published a decree adding several products to previous decrees bestowing duty-free access on certain products in the border region. The decrees authorize certain industries to import goods without paying duties. Diario Oficial, 5/29/97.
Environment
HONDURAS
National Park Protected
The Bay Islands, an Archipelago located about 30 miles to the north of Honduran Caribbean Coast, has been integrated into the national System of Protected Areas through Executive Decree No. 005-97.
This declaration will help preserve the region's natural resources, which have made it one of the country's main tourist attractions.
The decree also establishes that the Honduran government, through the Ministry of the Environment and Natural Resources, will raise an official petition to UNESCO to have the "Marine National Park of the Bay Islands" declared part of the International Net of Protected Areas.
Mayan Reef to be Protected
The Honduran government recently signed the "Tulum Declaration," a document in which Honduras, Mexico, Guatemala and Belize agreed to protect the Great Mayan Reef, which begins at Mexico's Cape Catoche and continues southeast to the Honduran Bay Islands. This reef is the second largest in the world and has a vastly rich marine ecosystem.
MEXICO
Subsidies for Forest Plantations to be Granted
The Department of Environment, Natural Resources and Fisheries published a resolution establishing rules for granting subsidies to a program that will facilitate the development of commercial forest plantations. Diario Oficial, 6/3/97.
Rules on Sustainable Use of Vegetation Established
The procedure and technical and administrative specifications for the sustainable use, transportation and storage of branches, leaves, flowers, fruits and seed were established by technical standards published by the Department of the Environment, Natural Resources and Fisheries. NOM-007-RECNAT-1997 was published in the Diario Oficial of 5/30/97.
Use of Palm Leaves Regulated
The Department of Environment, Natural Resources and Fisheries published technical standards regulating the use, transportation and storage of palm leaves. To be able to use palm leaves for commercial purposes, the owner of the property where the trees are located must present a notice to the local Department office. Diario Oficial, 5/28/97.
Government Administration
MEXICO
Bidding Process Clarified
In the 5/29/97 issue of the Diario Oficial, the Department of the Treasury published a clarification of a notice regarding public bidding to privatize the customs warehouse in the international airport of Monterrey. The original notice was published on 4/2/97.
Intellectual Property
MEXICO
Bio Facilities Approved
Mexico’s Intellectual Property Institute (IMPI) published a list of the different entities authorized to store biological materials while the IMPI analyzes the corresponding product patent applications. Diario Oficial, 5/30/97.
Labor Law
MEXICO
Rules on IRAs Amended
The Department of the Treasury announced rules regarding individual retirement account information. The circular amended formats for reporting IRA information to the Mexican Social Security Institute and the Institute of the National Fund for Workers’ Housing. Diario Oficial, 5/30/97.
Medicine & Health
MEXICO
Commission Regulated
The Department of Health published regulations for the Comisión Interinstitucional del Cuadro Básico de Insumos del Sector Salud. This commission lists medicines used for health care. Diario Oficial, 5/28/97.
Taxes
MEXICO
Fiscal Code Regulations Amended
The Department of the Treasury announced amendments to the Regulations of the Fiscal Code. The amendments include certain provisions regarding payment with checks which were already included in the 1997 Tax Rules. The amendments establish the requirements related to the payment of taxes by check. Diario Oficial, 6/2/97.
Various
MEXICO
Tire Standards Set
The Department of Commerce and Industrial Development published technical standards that apply to tires. NOM-121-SCFI-1996 sets security requirements and testing methods for tires used in automotive vehicles and bicycles. Diario Oficial, 6/11/97.
Mescal Regulated
Technical standards (NOM-070-SCFI-1994) published by the Department of Commerce and Industrial Development apply to mescal sale and production. Diario Oficial, 6/12/97.
Diario Oficial Index Published
The Department of the Interior published the index of the Diario Oficial for the month of May. The index is divided by entity and then by date.
Contributors to the Summaries: Bentata Abogados, Bufete Mejía & Asociados, Gomez Pinzon & Asociados.
