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  • 1.

    Domestic legislation
    What is the main domestic legislation as regards trade remedies?

  • 2.

    International agreements
    In general terms what is your country’s attitude to international trade?

  • 3.

    Government authorities
    Which authority or authorities conduct trade defence investigations and impose trade remedies in your jurisdiction?

  • 4.

    Complaint filing procedure
    What is the procedure for domestic industry to start a trade remedies case in your jurisdiction? Can the regulator start an investigation ex officio?

  • 5.

    Contesting trade remedies
    What is the procedure for foreign exporters to defend a trade remedies case in your jurisdiction?

  • 6.

    WTO rules
    Are the WTO rules on trade remedies applied in national law?

  • 7.

    Appeal
    What is the appeal procedure for an unfavourable trade remedies decision? Is appeal available for all decisions? How likely is an appeal to succeed?

  • 8.

    Review of duties/quotas
    How and when can an affected party seek a review of the duty or quota? What is the procedure and time frame for obtaining a refund of overcharged duties? Can interest be claimed?

  • 9.

    Compliance strategies
    What are the practical strategies for complying with an anti-dumping/countervailing/safeguard duty or quota?

  • 10.

    Normal rates and notification requirements
    Where are normal customs duty rates for your jurisdiction listed? Is there an exemption for low-value shipments, if so, at what level? Is there a binding tariff information system or similar in place? Are there prior notification requirements for imports?

  • 11.

    Special rates and preferential treatment
    Where are special tariff rates, such as under free trade agreements or preferential tariffs, and countries that are given preference listed?

  • 12.


    How can GSP treatment for a product be obtained or removed?

  • 13.


    Is there a duty suspension regime in place? How can duty suspension be obtained?

  • 14.

    Challenge
    Where can customs decisions be challenged in your jurisdiction? What are the procedures?

  • 15.

    Government authorities
    What government office handles complaints from domestic exporters against foreign trade barriers at the WTO or under other agreements?

  • 16.

    Complaint filing procedure
    What is the procedure for filing a complaint against a foreign trade barrier?

  • 17.

    Grounds for investigation
    What will the authority consider when deciding whether to begin an investigation?

  • 18.

    Measures against foreign trade barriers
    What measures outside the WTO may the authority unilaterally take against a foreign trade barrier? Are any such measures currently in force?

  • 19.

    Private-sector support
    What support does the government expect from the private sector to bring a WTO case?

  • 20.

    Notable non-tariff barriers
    What notable trade barriers other than retaliatory measures does your country impose on imports?

  • 21.

    General controls
    What general controls are imposed on exports?

  • 22.

    Government authorities
    Which authorities handle the controls?

  • 23.

    Special controls
    Are separate controls imposed on specific products? Is a licence required to export such products? Give details.

  • 24.

    Supply chain security
    Has your jurisdiction implemented the WCO’s SAFE Framework of Standards? Does it have an AEO programme or similar?

  • 25.

    Applicable countries
    Where is information on countries subject to export controls listed?

  • 26.

    Named persons and institutions
    Does your jurisdiction have a scheme restricting or banning exports to named persons and institutions abroad? Give details.

  • 27.

    Penalties
    What are the possible penalties for violation of export controls?

  • 28.

    Government authorities
    What government offices impose sanctions and embargoes?

  • 29.

    Applicable countries
    What countries are currently the subject of sanctions or embargoes by your country?

  • 30.

    Specific individuals and companies
    Are individuals or specific companies subject to financial sanctions?

  • 31.

    Other trade remedies and controls
    Describe any trade remedy measures, import or export controls not covered above that are particular to your jurisdiction.

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SMPS Legal provides cutting-edge legal services to address the needs of today’s leading corporations in the Latin American Region. SMPS Legal is a boutique law firm with regional expertise formed by a team of experienced and specialized lawyers committed to offering integrated multidisciplinary legal counsel in Latin America from strategically located offices.

View more information about SMPS Legal


Mexico City
Andrés Bello 10-401
Col Polanco
11560
Mexico City
Mexico
T: +52 55 5282 9063
F: +52 55 5281 4952


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