• The Secretariat <strong>of</strong> the Environment (SEMARNAT) requires import authorizations forproducts made from endangered species such as eggs, ivory, certain types <strong>of</strong> wood,furs, etc.• Toxic and hazardous products have to comply with import authorization from aninteragency commission called CICOPLAFEST which has representation from thefour agencies mentioned above. This list includes a large number <strong>of</strong> organic andinorganic chemicals.Commercial samples <strong>of</strong> controlled products shipped by courier are also subject to theseregulations. <strong>In</strong> the case <strong>of</strong> liquid, gas or powdered products, as <strong>of</strong> June 2008, they areno longer eligible to be shipped by courier, even in small quantities. <strong>In</strong>stead, theseproducts must be shipped as a regular full-scale shipment would, with the consequentialuse <strong>of</strong> a customs broker. Some special treatment may apply in the case <strong>of</strong> samplesintended for research, product registration or certification. Unless returned at thesender's expense, Customs <strong>of</strong>ten confiscates or destroys samples lacking the properdocumentation.Import Requirements and DocumentationReturn to topFor tax purposes, all Mexican importers must apply and be listed on the “Padrón deImportadores” maintained by the Secretariat <strong>of</strong> Finance and Public Credit (Hacienda). <strong>In</strong>addition, Hacienda maintains special sector registries. To be eligible to import morethan 400 different items, including agricultural products, textiles, chemicals, electronics,and auto parts, Mexican importers must apply to Hacienda to be listed on these specialindustry sector registries. <strong>In</strong>frequently, U.S. exporters have encountered problems whenproducts are added to the list without notice or importers are summarily dropped fromthe registry without prior notice or subsequent explanation.The basic Mexican import document is the "pedimento de importación." This documentmust be accompanied by a commercial invoice (in Spanish), a bill <strong>of</strong> lading, documentsdemonstrating guarantee <strong>of</strong> payment <strong>of</strong> additional duties for undervalued goods (see"Customs Valuation") if applicable, and documents demonstrating compliance withMexican product safety and performance regulations (see "Standards"), if applicable.The import documentation may be prepared and submitted by a licensed Mexicancustoms house broker or by an importer with sufficient experience in completing thedocuments.Products qualifying as North American must use the NAFTA Certificate <strong>of</strong> Origin in orderto receive preferential treatment. This must be issued by the exporter and does nothave to be validated or formalized.Unless the importer is accredited to act as Mexican customs broker, the participation <strong>of</strong>a pr<strong>of</strong>essional customs broker is necessary to ensure compliance with Mexico's customsregulations. Mexican customs law is very strict regarding proper submission andpreparation <strong>of</strong> customs documentation. Errors in paperwork can result in fines and evenconfiscation <strong>of</strong> merchandise as contraband. Exporters are advised to ensure thatMexican clients employ competent, reputable Mexican importers or customs housebrokers. Because customs brokers are subject to sanctions if they violate customs laws,some have been very restrictive in their interpretation <strong>of</strong> Mexican regulations andstandards.
U.S. Export ControlsReturn to topMexico is not subject to any special U.S. export control regulations, and is designated asa Category I country (the least restrictive) for receipt <strong>of</strong> U.S. high technology products.Temporary EntryReturn to topTemporary imports for manufacturing, transformation, and repair under the Maquila andPitex programs are subject to payment <strong>of</strong> duties, taxes and compensatory fees. At theend <strong>of</strong> 2006, the Pitex program was transformed into IMEX (<strong>In</strong>dustria Maquiladora paraExportacion.) Other temporary imports from the United States, however, do not payimport duties, taxes or compensatory fees, but they must comply with all otherobligations set forth in Article 104 <strong>of</strong> the Mexican Customs Law. There are differenttypes <strong>of</strong> temporary imports into Mexico, including:a) Temporary imports to be returned in the same condition;b) <strong>In</strong>struments <strong>of</strong> foreign artists;c) Temporary imports for cultural and sporting events;d) Temporary imports for conventions, congresses and trade shows; ande) Temporary imports for the press, journalism, and cinematography.The procedures for category (a) are as follows: Category (a) applies to temporaryimports that remain in Mexico for a limited time and with a specific purpose and arereturned to the U.S. in the same condition and within the time limits established in theLaw (Art. 106). Such is the case <strong>of</strong> demonstration equipment that is temporarilyimported into Mexico for exhibitions or sales visits. <strong>In</strong> such cases, U.S. representativesdo not need to contract the services <strong>of</strong> a Mexican customs broker, and may themselvesdo the declaration <strong>of</strong> the products to Mexican Customs, using the declaration lane at thetime <strong>of</strong> entry. Overlooking this requirement may result in the confiscation <strong>of</strong> the productswithout possibility <strong>of</strong> recovery, unless a high penalty fee is paid to the MexicanGovernment. Temporary imports may remain in Mexico for up to six months.<strong>In</strong> the case <strong>of</strong> medical devices, interested parties need to request an import permit forthe specific show. The request needs to be submitted by a Mexican companyauthorized to sell/distribute medical devices in Mexico.The import is processed under a temporary importation form and there are basicrequirements to obtain the clearance from Customs, including:1. A list <strong>of</strong> the products for temporary importation into Mexico;2. A letter from the U.S. company stating that the product(s) is for temporary entryinto Mexico and that it will not be sold;3. A letter from the Mexican partner or company indicating that they take fullresponsibility for ensuring that the products are returned to the United Stateswithin the period allowed. The letter should also indicate that there is a businessrelationship between the Mexican party and the importer;4. Preparation <strong>of</strong> a Temporary Customs Entry form (Pedimento de ImportaciónTemporal);
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Doing Business in Mexico: 2010 Coun
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Before signing an agent/distributor
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Mr. Garth ThorburnDirector, U.S. Ag
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Asociación Nacional de Importadore