NEWSLETTER (GRCFT Ammentment)

On November 30th, 2018, was published in Official Federal Register (OFR) an Agreement that modifies the General Rules and Criteria regarding Foreign Trade issued by the Ministry of Economy (GRCFT), which entered into force on December 3rd2018.

The main changes that are considered in the above mentioned publication are described below:

• In Rule 4.1.1. The reference of the National Foreign Trade Information Service (SNCE) is included as the official foreign trade information consultation portal and are indicated the 7 modules of which it is composed.

• Likewise, the electronic address www.snice.gob.mx is included, for purposes of indicating the procedures in which it will be mandatory to present annexes in a digitalized manner, as well as to make inquiries regarding the procedures to be performed to the Ministry of Economy.

• In rule 3.3.1. the obligation to request an authorization that entails the fulfillment of specific requirements for the merchandise that is required to import temporarily through the use of prior import permits under Rule 8th, when these are classified in the list of sensitive products of the Annex II of the IMMEX Decree, or of those indicated in Annex 3.3.2. of the Agreement by which Rules and Criteria of General Character in Foreign Trade Matters are issued by the Ministry of Economy.

• sSubmit permits and/or automatic import notices in the case of temporary imports of sensitive products made by IMMEX companies.

• In Rule 5.3.1., Regarding the importation of coffee under Rule 8th, through the use of classification 9802.00.22:
o code 0901.11.99. is added.
o It is included as a requirement, that the process of solubilisation and decaffeination of coffee be indicated, within the Public Accountant Report that will have to be presented in digital form to Ministry of Economy.
o For coffee imports under code 0901.12.01, the Public Accountant report must contain the following:
 Tax domicile of the company.
 Productive process.
 Relation of pediments of the export of the green coffee in grain together with the pediments of return of the decaffeinated coffee.
 Free writing that includes the details of the decaffeination process, including percentage of waste and waste generated.
 Copies of BL’s, bill of lading or air waybills and invoices that show the export abroad.

• Annexes 2.2.1 and 2.2.2., 107 tariff codes are added to the automatic import notification of steel products, related to the temporary increase of tariffs for 186 fractions and the suspension of preferential tariff treatment and tariff increase import of various goods originating in the USA.

• In Annex 2.2.2. codes 0901.11.99 and 0901.12.02 are added, so that the Ministry of Economy authorizes their import under Rule 8th, as well as the criteria and requirements to be complied with in each case are broken down.

• In the same Annex 2.2.2, the following criteria and requirements to be met are added for the case of the export of iron ore:

 Criteria:
o Imported iron ore will be given the same treatment as domestic iron ore, so that its export will be authorized for export.

o The validity of the permit for the temporary export of iron ore will be 1 year.

 Requirements:
• Of the imported iron ore, it should be:

o Demonstrate its legal import;
o Property;
o The project for which it was imported; and,
o The reasons that give rise to his return to the foreigner.

According to the aforementioned publication, it is specified that the automatic import notices for steel products are required as of December 5th, 2018.

TMC Legal® professionals, we are at your disposal to support you with the interpretation and compliance with the aforementioned provisions.

carlos@tmclegal.com / Parner
karla.g@tmclegal.com / Associate
fernando.perez@tmclegal.com / Logistics & Foreign Trade