FOREIGN TRADE

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FOREIGN TRADE GENERAL RULES 2011 WMTA
Monthly Meeting August 2011
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Background

• Dated July 29, 2011, the Mexican Customs Rules
  were published in Mexico's Official Gazette.
  These rules are customs regulations that
  complement the Mexican Customs Law.
• Mexican Customs Rules 2011 are enforceable as
  from July 31, 2011, and until July 31, 2012.

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Procedures and Authorizations

• One of the most important modifications of these
  rules is the fact that most customs procedures
  and authorizations will now appear in Annex 1,
  Section C, of the Customs General Rules.
• These modification lead to the simplification of
  several rules and the modification of the
  numbering of some rules.

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Procedures and Authorizations

• Some of the most representative procedures that
  were once listed in Rules are the following
• Solicitud de copias certificadas
• Formato de Manifestación de Valor
• El proceso de inscripción al padrón de
  Importadores y en el Padrón de Sectores
  Específicos se remite al Instructivo

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1.5.1. Customs Value Manifest

• Regarding Customs Value Manifest, an important
  modification is the elimination of Annex 5 of the
  Rules, which established the instruction manual
  for the elaboration of such customs value
  manifest.
• An official format for the elaboration of value
  manifests was included in Annex 1 of the Foreign
  Trade General Rules.

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FORMATO DE MANIF
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3.8.3. Certified Companies

• Rule 3.8.3. Suffered several modifications
  including the elimination of the following
  Benefits
• III. The benefit to manage customs operations
  with consolidated pedimentos presenting a
  relation of invoices.
• IV. Goods of foreign origin introduced by air
  into Mexico, in the event that these goods are
  not being imported, the elaboration of a
  pedimento is not necessary when properly
  notifying Mexican Customs Authority.

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3.8.3. Certified Companies

• XVI. In the event of definitive imports when, no
  customs inspection is done, importers may rectify
  their pedimentos.
• NOTE These sections where eliminated from the
  Certified Company benefits, but now they apply to
  all IMMEX Companies, certified or not.

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3.8.3. Certified Companies

• IMPORTANT ADDITION
• XVI.- This section is modified in order to allow
  companies exceeding goods to be exported. In
  these events, exporters shall have a 10 day term
  in order to elaborate an export pedimento for the
  exceeding goods.

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3.8.4. Certified Companies

• The following Sections of Rule 3.8.4. were
  eliminated
• IV. The benefit regarding import of machinery and
  equipment without the obligation of a previous
  import permit, when the goods where located in
  Mexico and covered the respective depreciation
  period. (Now rule 1.6.7)

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3.8.4. Certified Companies

• XVIII. The posibility to rectify tariff code,
  along with their respective unit of measure
  within a 3 month period after the operation. (Now
  rule 6.1.2)
• The previous Sections of Rule 3.8.4. were
  eliminated, but such benefits now apply to all
  IMMEX Companies, certified or not.

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3.8.4. V5 Transactions

• Section VI of Rule 3.8.4 was modified last June
  30, 2011 in order to mention that Mexican
  Companies who transfer goods to Companies located
  Abroad shall retain the corresponding VAT
  according to Article 1-A, Section III of the
  Mexican VAT Law.
• This modification will be enforceable as from
  October 1st, 2011.

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Exportación / Importación Virtual

• . - Proveedor - Exportador
• Realiza la enajenación

1. IMMEX exporta producto terminado virtualmente
al extranjero a través de V5 determinando los
impuestos conforme al 303 del TLCAN.
Enajenación Compra - Venta
Envío de producto terminado.
3. MX Broker genera pedimento V5 de exportación y
de Importación. De acuerdo al esquema de
negociación entre exportador e importador.
4. Importador México Paga impuestos V5
Importacion
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4.3.23. Virtual Transactions

• Rule 4.3.23 manages the procedure for virtual
  transactions previously mentioned on Rule
  4.3.25., some of the most important modificacions
  applicable to virtual transactions are the
  following
• 1. The virtual transaction procedure will now be
  completely electronic, due to the fact that
  Customs Broker will transfer the information to
  SAAI and electronically pay the pedimento. The
  physicall processing of pedimentos at customs is
  no longer necessary.

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4.3.23. Virtual Transactions

• 2. Virtual pedimentos not transmitted and paid
  during the legal term may be transmitted and paid
  untimely, as long as their legal term for staying
  in Mexico is not due. In these events, the fine
  stated in Article 185, Section I of Customs Law
  shall apply (2,049.00 Pesos).
• 3. Section II reduces from 6 to 3, the documents
  that prove that virtual transactions really took
  place. (Proof of Transaction, transport and
  productive process).

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6.1. Rectification of Pedimentos

• Title 6 was created in order to cover
  rectification and complementary pedimentos.
• 6.1.1. Establishes the possibility of rectifying
  pedimentos, with prior authorization of customs,
  within a 30 day term after the operation, in
  order to rectify evident mistakes of such
  pedimentos.
• 6.1.2. Establishes the posibility of rectifying
  tariff code and unit of measure, within a 3 month
  period after the operation, as long as Customs
  Authority has not started an investigation
  procedure.

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6.2. Complementary Pedimentos

• Rule 6.2.1. establishes that, in the event of
  definite imports, a global complementary
  pedimento may be presented in order to adjust the
  value at customs of the goods. These Global
  Pedimento shall be presented previous to the
  Annual IRS Declaration.

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Contact Info

• Ricardo Rebeil
• Brokerage Logistics Solutions, Inc.
• rr_at_bls-usa.com
• [phone]