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Date: 2016-08-12

Mexico Tightening Import Regulations

Burned by importers of foreign goods who misstate their value in order to pay less in duties and taxes, Mexican authorities are set to demand more documents and scrutinize them more closely.  If the documents aren’t in order, the goods will delayed pending the outcome of an investigation.

The new, more rigorous process was supposed to begin this month, but has been delayed until January 1, 2016.  Last April, the Mexican government published changes to its National Customs Law, specifically Article 81, which stipulates that importers will now have to present the following documentation attached to

the manifestacion de valor/ Value at Customs Entry:

1. Factura commercial - Commercial invoice;

2. El conocimiento de embarque - Shipping details such as packaging list, airfreight bill, or other transport billing documents;

3. The document that certifies the origin and, when applicable, names other countries through which the product was transported before its entry into Mexico (Certificate of Origin / NAFTA Certificate of Origin);

4. The documents that demonstrate payment for the merchandise, such as proof of an electronic transfer of the payment, letter of credit, etc.

5. Documents related to the cost of transport, insurance, and other related expenses that correspond to the imported product and state the Incoterms;

6. Copy of sales contracts related to the merchandise that is being imported. The sales contract should demonstrate the terms of the sale such as cash or credit;

7. Documents that prove and confirm all the extra costs, such as movements in the customs brokers’ warehouse, forklift services, etc. These services are called increased expenses, cited in Article 65 of the Mexican National Customs Law.

8. Any other information and documentation necessary for the determination of the total value of the merchandise being imported into Mexican.

U.S. exporters and other foreign exporter should be prepared to comply with the new requirements under this law and not wait until January 1, as according to our sources the enforcement could begin at any time. You should work with your customs broker or shipping company to insure that they are fully prepared to comply with all provisions of the new law.

Also, make sure you have the correct HS Code for your products.  There are many ways to find an HS code or confirm the one you are using.  One way is to go here and look at the Find Duties and Taxes section.  Importers will sometimes suggest an HS Code that has a lower duty rate than the one you use.  If the descriptions are similar, it’s okay to use the one with the lowest duty. If they are not, tell the buyer that you’re sticking with the one you typically use.

The Mexican Customs Bureau reports that one of the most common mistakes U.S. exporters make relates to incomplete or incorrect documentation. The final import approval of any product is subject to the importing country's rules and regulations as interpreted by border officials at the time of product entry. In other words, the people with the guns and badges have the last word. On final piece of advice: Never agree to complete the commercial invoice with an amount less than what the product is actually worth and the payment you are receiving from the buyer. It’s unethical, illegal, and may lead to confiscation and loss of the shipment.


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