ponencias del tec de monterrey campus cd' mxico

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2006 Seoul International Forum on Trade Remedies
FREE TRADE AGREEMENTSTHE MEXICAN EXPERIENCE
MSc. Armando Barragan
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Mexican Antidumping System

• The mexican system regarding trade remedies was
  created in 1986 as the country acceded the
  General Agreement on Tariffs and Trade (GATT).

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What we do?

• Carry on dumping, subsidies and safeguards
  investigations.
• Defend the dumping and subsidies determinations
  before international dispute settlement
  mechanisms.
• Give legal and technical advice to Mexican
  exporters regarding their participation in third
  country investigations.

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Legal instruments

• Foreign Trade Law (07/27/1993) and its
  Regulations (12/30/1993)
• The General Agreement on Tariffs and Trade (GATT
  of 1994)
• Antidumping Agreement
• Agreement on Subsidies and Countervailing
  Measures
• Agreement on Safeguards
• Internationals Treaties signed by Mexico as
  described in the next chart.
• Article 1904 Procedure Regulations and those of
  the Binational Panel of the NAFTA
• Understanding on Rules and Procedures Governing
  the settlement of disputes.
• Working procedures for appellate Review.

AMENDMENTS Mexico amended its Foreign Trade Law
(FTL) in order to provide transparency and
predictability to the economic operators. Strict
deadlines for the completion of investigations to
ensure that complaints are dealt rapidly and
efficiently. (03/13/2003) Mexico amended its FTL
in order to authorize the Ministry of Economy to
conduct and resolve safeguard investigations, and
impose the measures resulting from such
investigations and provide legal and technical
advice regarding Antidumping, Countervailing
Duties and Safeguard investigations carried out
in other countries and any other procedure that
could result in an import restriction.(01/24/06)
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Mexicos Free Trade Agreements
Cuba
Perú
Acuerdos de Complementación Económica (ACEs)
Chipre, Eslovenia, Estonia, Hungría, Letonia,
Lituania, Malta, Polonia, República Checa,
República Eslovaca
Source Ministry of Economy
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FTAs signed by Mexico
ALADI Panama
ALADI Paraguay
ALADI Ecuador
TLC AELC Iceland Liechtenstein Norway Switzerland
FTA G3 Colombia Venezuela
ALADI Cuba
ALADI Peru
ALADI Brazil
NAFTA USA Canada
FTA Bolivia
ALADI Uruguay
ALADI Argentina
FTA Israel
ALADI MERCOSUR (framework agreement)
TLC TN Guatemala Honduras Salvador
FTA Uruguay
EAA Japan
GATT (WTO)
ALADI Chile
FTA Costa Rica
FTA Nicaragua
FTA EU
FTA Chile
APEC
OECD
1986
1993
1994
1995
2000
2001
1999
1998
1992
2002
2004
2005
EU Germany, Austria, Belgium, Cyprus, Denmark,
Slovenia, Spain, Estonia, Finland, France,
Greece, Hungary, Italy, Latvia, Lithuania,
Luxembuorg, Malta, Netherlands, Poland,
Portugal, United Kingdom, Czech Republic,
Slovakia and Sweden.
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Mexicos Free Trade Agreements
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Safeguard measures

• Safeguard measures may be applied to imports that
  increase in such quantities and under such
  conditions as to cause serious injury or threat
  thereof to the domestic industry.
• Safeguard measures can be

Bilateral (FTAs)
Global (WTO)
Mexico has been excluded from different safeguard
measures applied by our trading partners like
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Number of antidumping or countervailing duty
orders in Mexico from January 1st, 1987 to April
7, 2006

Unfair trade practices investigations 266
(may impose one or more AD /
CVD duties) Total In force Antidumping
duties 314 73 Countervailing duties
19 0 Total 333 73
Products subject to antidumping or countervailing
duties Steel, chemicals, textiles, footwear,
rice, apples, beef, toys, bicycles, and others.
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ANTIDUMPING AND COUNTERVAILING MEASURES
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Exports and imports from Mexico
Dollars
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Mexican Imports
Millions of dollars
Source Ministry of Economy
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After TLC (1994 until now)
Before TLC (1981-1993)
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After TLC (1994 until now)
Before TLC (1981-1993)
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CHAPTER XIX BINATIONAL PANEL REVIEWS IN MEXICO,
USA AND CANADA (109 CASES)
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2
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TOTAL AD/CVD CASES IN 1994-2006 1 USA 64
cases 2 CANADA 44 cases 3 MEXICO 32
cases Source NAFTA Secretariat.
www.nafta-sec-alena.org, http//www.cbsa-asfc.gc.c
a/sima/anti-dumping, www.economia.gob.mx
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TRADE BETWEEN MEXICO AND CHILE
Millions of dollars
2006/1
Before TLC
After TLC
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TRADE BETWEEN MEXICO AND EUROPEAN COMMUNITIES
Thousands of millions of dollars
2006/1
Before TLCUEM
After TLCUEM
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PROSPECTS FOR MEXICOS TRADE REMEDY SYSTEM

• Mexico is firmly committed to the promotion of
  open and fair trade with all its trading
  partners.
• Mexican legislation and procedures concur with
  applicable WTO and other international
  agreements.
• In order to have precise and adequate rules
  against unfair trade, Mexico participates in
  several international forums (OECD, Friends of
  Antidumping, WTO Committees, Negotiating Group on
  Rules) to improve the international trade
  remedies legislation.