Foreign Trade, Customs & Regulatory
Our lawyers are thoroughly experienced in the interpretation and application of international treaties and agreements entered into by Mexico; they keep our clients duly informed on changes in the applicable regulations and standards that must be complied with by manufacturers, suppliers, warehousemen, importers and other companies in the manufacture and sale of medicines, medical devices, food, alcoholic or non-alcoholic beverages, tobacco, cleaning products, beauty care and/or toiletries, fertilizers, pesticides, toxic substances and similar products subject to health regulations. They have considerable experience and enjoy great recognition in matters related to consumer protection and national defense, and also assist clients in taking action with the Department of the Interior in matters of its jurisdiction.
In customs matters, our firm offers the following services: assistance in developing strategies under different customs regimes; advice on duty charges (both general and preferential), filing of administrative-law proceedings against international unfair trade practices (dumping, subsidies, and safeguards); preparation of certificates of origin and actions against government investigations to determine origin of goods imported under preferential tariff treatments; procedures for payment of antidumping duty exclusions; registration of companies in the General Importers’ List (Padrón General de Importadores), tariff classification of goods, customs valuation of imported goods and transfer pricing; determination, processing and securing of certificates of compliance with mandatory Mexican official standards (“NOMs”) at the point of entry; lobbying on behalf of our clients with federal authorities to modify or create NOMs and non-tariff regulations and barriers, including notices, permits, and authorizations from federal authorities to import and export goods; actions against rulings issued by custom authorities during and after customs clearance; preventive and corrective customs audits, export promotion programs, including the Executive Order for the Development of the Manufacturing and Maquiladora Sector and Exportation Services (known in Spanish as “IMMEX” program); registration of certified companies; negotiations to eliminate and/or reduce duties on imported goods; registration of companies in sector promotion programs (know in Spanish as “PROSEC”), as well as processing and securing Rule 8 rulings (Rule 8 was created by the Mexican government as a method to exempt raw materials not produced within Mexico from import duty payment); authorization or concession of bonded warehouses; advance rulings on foreign trade treaties for goods and services.
In the health area, our firm provides expert advice on audits to determine compliance with applicable health standards and regulations; legal requirements to manufacture, supply, distribute, merchandize and import products subject to health regulations. It also assists clients in administrative-law proceedings on health matters; negotiations with health authorities and appeals against administrative-law rulings; obtaining rulings from health authorities, processing and securing health permits and registrations and filing notices with the Federal Commission for Protection against Health Risks (“COFEPRIS”) and other competent health authorities; securing authorizations to advertise products subject to health regulations; advice on application of NOMs and negotiations in amendments thereto or issuance thereof; lobbying with government authorities and entities, etc.
Our firm is at the forefront on supplier-consumer and government-supplier relationships; thus, our lawyers provide the following services: opinions on preparation and registration of contracts of adhesion; preparation and handling of claims; filing of challenges of administrative rulings and penalties; advice on conciliation procedures or procedures against infractions to the law, comparative advertisement and unfair competition procedures; advice on application of NOMs with respect to mandatory consumer information, as well as negotiations and lobbying with authorities to modify or issue new NOMs and inspections to verify compliance with NOMs on consumer information; notices on marketing programs consisting of collecting cards and/or games of chance and contests; as well as assistance in closing down of business premises and immobilization of goods, etc.
Our firm has pioneered the “product liability” concept as a something not contemplated by statute law, providing specialized guidance and advice to our clients on this matter.
It offers the following services in national defense: processing and securing general, ordinary and special permits.
Also, it provides the following services with respect to matters of the jurisdiction of the Department of the Interior: processing and securing permits and authorizations, and filing notices related to gambling, sweepstakes and contests, except for raffles organized by the National Lottery (Lotería Nacional).