Dear Clients and Friends,

On December 20th, the Official Gazette of the Federation published the Decree amending the Tariff of the General Import and Export Tax Law, the Decree establishing the general import tax for the border region and the northern border strip and the Decree for the Promotion of Manufacturing, Maquila and Export Services Industry (“Decree”).

The publication of the Decree is primarily due to the need to improve the mechanisms for controlling temporary imports of sensitive goods under the Program for the Promotion of Manufacturing Industry, Maquila and Export Services (“IMMEX Program”), as well as to define the measurement units of goods subject to special import regimes by means of Sectorial Promotion Programs (PROSEC).

Likewise, in order to strengthen competitiveness in the border region, the Decree updates certain tariff codes benefiting from the most-favoured-nation tariff (MFN) as provided in the Decree establishing the general import tax for the border region and the northern border strip (“Border Decree”) and extends the period during which certain goods shall remain tax-free, as well as the term for such Border Decree to be legally binding.

It is important to mention that Rule 8th of the complementary rules for the application of the Tariff for the import and export of goods (“Tariff”), provided for in the General Import and Export Tax Law, sets forth several administrative benefits and preferential tariffs for companies licensed to operate under a PROSEC or IMMEX program. In this sense, the Decree is intended to ensure certainty as to the goods eligible for these special import arrangements.

Hence, the Decree provides for the creation of 13 specific new codes of the Tariff, in order to identify the import of sensitive goods by sector and measurement unit, and also amends 5 existing codes. In addition, a section G is added to Annex II of the IMMEX Program to reflect changes to the Tariff. Finally, certain codes with an MFN tariff in the Border Decree are updated, and its term for being legally binding is extended until September 20, 2024.

The Decree entered into force on January 1st, with the exception of the tariff codes regarding Chapter 98 of the Tariff, whose creation and amendment will enter into force on March 19, 2020. For their part, authorizations issued under Rule 8th prior to the entry into force of the Decree will continue according to the original terms.

For full text of the Decree and the detail of tariff codes amended and created, please click on the following link:

 

https://eclegal.us3.list-manage.com/track/click?u=48631c8e2a8df3fbf9e196088&id=b7ace98132&e=f402efec68

 

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