Volume 6, Number 3, Page 6
Recent Developments
Agriculture, Mines & Cattle Industry
Mexico
Standards to Control Mediterranean Fly
The Department of Agriculture, Natural Resources and Fisheries has published a technical standard for combating the Mediterranean fly in Mexico. NOM-EM-031-FITO-1998 establishes regulations to eradicate the Mediterranean fly (ceratilis capitata). The standards apply to fields, industries and warehouses where fruits are handled. Diario Oficial, 1/19/99.
Antitrust/Antidumping Cases
Mexico
Duty Payment Avoidance Investigated
The Department of Commerce and Industrial Development (SECOFI) published its decision on a case alleging evasion of payment of antidumping duties. On October 18, 1994, SECOFI published the final decision on an antidumping investigation on various organic chemical products imported from China. An antidumping duty of 208.81 percent was established on the aforementioned products. On October 27, 1997 Tekchem, S.A. de C.V. requested an investigation on the avoidance of payment of antidumping duties on said chemicals. Tekchem alleges that the product had been imported into Mexico with a slightly modified form to qualify for a different tariff category in order to avoid payment of antidumping duties.
SECOFI decided that a similar product had been imported with a different tariff category to avoid paying the antidumping duties. The same antidumping duty has been applied by SECOFI to chemical products imported under the second tariff category illegally. Diario Oficial, 1/18/99.
Elimination of Antidumping Duties Studied
SECOFI has announced its decision regarding an investigation to determine the consequences of eliminating antidumping duties on rolled steel from the U.S. On April 28, 1993 SECOFI set antidumping duties of up to 38.13 percent on rolled steel from the U.S. After a series of appeals, by several U.S. manufacturers, an investigation will be conducted to study the impact of the elimination of the antidumping duties.
SECOFI also announced the initiation of an antidumping investigation on rolled steel from Russia and Ukraine. Diario Oficial, 1/20/99.
Appeal Accepted
An appeal by Distribuidora Comersa, S.A. de C.V. has been accepted according to a notice published by SECOFI. On December 30, 1993, SECOFI published its final decision on an antidumping investigation on footwear from China. Antidumping duties of up to 1,105 percent had been set on Chinese footwear. Distribuidora Comersa, S.A. de C.V. appealed the decision which was denied. The same company presented an appeal in the Fiscal Tribunal. After several months of legal disputes, SECOFI has decided to confirm its previous decision. Diario Oficial, 1/25/99.
Banking & Credit
Mexico
Protection Law Published
SECOFI has published a new law for the protection and defense of financial services users. According to the law, the protection and defense of users of financial services will be in the hands of the National Commission for the Protection and Defense of the Users of Financial Services. The law considers as financial service providers both public and private institutions. Diario Oficial, 1/18/99.
New Law Changes Fobaproa
The Department of the Treasury (SHCP) has published a new law for the protection of savings. The new law changes the composition of Fobaproa (similar to the U.S. RTC) which had been subject to intense debate in the Mexican Congress. The SHCP also amended several laws related to Mexico’s Central Bank, the Stock Market and the law that regulates financial groups. Diario Oficial, 1/19/99.
Limits on Foreign Financial Institution Set
The SHCP has published capital limits on foreign financial institutions established in Mexico under NAFTA. Such institutions may maintain a net capital of $1,787,122,392.00 pesos until April 30, 1999. The SHCP also established limits for brokerage and insurance companies. The limits do not apply to foreign institutions that have acquired Mexican banks. For example Citibank has just acquired Banco Confia, so limits of capital do not apply. Diario Oficial, 1/26/99.
Business Organizations
Mexico
Procedures Listed
A list of the procedures registered in the Federal Registry of Business Procedures and applied by the Department of Foreign Relations (SRE) has been published. Among the procedures is that for obtaining a certificate for the incorporation of foreign companies. Diario Oficial, 1/25/99.
Consumer Law
Mexico
Information Requirements Announced
SECOFI has published technical standards establishing information requirements for electrical appliances. NOM-024-SCFI-1998 establishes the requirements regarding the commercial information that packages, instruction manuals and guarantees of electronic products must include. The standards apply to all electrical products that are sold Mexico. Diario Oficial, 1/15/99.
Environment
Mexico
Licensing Procedure Established
The Department of Environment, Natural Resources and Fisheries (SEMARNAP) has announced the form for obtaining the Single Environmental License. This license has the purpose of preventing and controlling air contamination.
A copy of the form used to request the license is published together with the announcement from SEMARNAP. A copy of a report that must be presented to SEMARNAP was published in the same document. Diario Oficial, 1/18/99.
Use of Lumber Products Regulated
The SEMARNAP has published the instruction manual and forms used to certify the use of lumber products. The forms are used by those authorized by SEMARNAP to transport, manufacture and store forest products. Diario Oficial, 1/25/99.
Taxes
Mexico
Tax Rules Amended
The SHCP published the annex 16 of the seventh amendments to the tax rules for 1998. The annex contains the instructions and requirements to present financial statements on magnetic tapes to the SHCP. Later on the SHCP published other forms applicable to the same annex 16. Diario Oficial, 1/20/99 and 1/25/99.
