Goods Subject to Mexican Official Standards (Part I)

Goods Subject to Mexican Official Standards (Part I)

By Baker & McKenzie

Goods Subject to Compliance with Mexican Official Standards at the Port of Entry and Exit from the Country.

On January 5, 2004, the Ministry of Economy (SE), published in the Federal Official Gazette ("FOG") the Accord that Amends similar one that Identifies Tariff Items of the General Import And Export Duty Law, in which Goods Subject to Compliance with Mexican Official Standards at the Port of Entry and Exit from the Country are classified (the "Amendments to the NOM Accord"), amending the Accord published in the Federal Official Gazette on March, 27, 2002, amended on November 8, 2002 and on July 11, 2003.

1. Article 1 of the NOM Accord (goods subject to compliance with NOMs) is amended with respect to the description of the goods, names of the official standards and the date in which they were published, with regard to the following tariff items:

6810.91.99, 6811.90.99, 7418.20.01, 8423.81.01, 8423.82.01, 8481.80.21, 8481.80.25, 8481.80.99, 8481.90.99, 8504.40.10, 8504.40.12, 8504.40.14, 8715.00.01, 9029.10.03, 9032.89.02, 9503.30.99, 9503.49.99, 9503.50.99, 9503.70.02, 9503.70.99, 9503.80.02, 9503.80.99, 9503.90.01 y 9503,90.99.

2. Article 3, paragraphs I, II, III, IX and XIII of the NOM Accord are amended with respect to the description of the goods, and by establishing the following exceptions:

Paragraphs I and II, of article 3 of the NOM Accord are amended, to exempt goods classified under tariff item 4202.92.03 (trunks) from having to comply with NOM-oo4-SCFI-1994 (commercial information labeling for textiles) and NOM-020-SCFI-1997 (commercial information labeling for leather and hides).

Regarding compliance with NOM-024-SCFI-1998 (commercial information of packages, manuals and warranties for electric, electronic and household products) new descriptions are included to tariff items 8504.40.10 (UPS), 8504.40.12 (Static converters) and 9032.89.02 (voltage regulators), as a result of the amendment to the General Import and Export Duties Law ("TIGIE") contained in the Decree that Creates, Modifies and Eliminates Several TIGIE rates ("TIGIE Modification") published in the FOG on December 31, 2003.

With respect to compliance with NOM-050-SCFI-1994 (commercial information), new descriptions contained in the TIGIE Modification are incorporated into tariff items 6701.00.02 and 8207.30.01. Showers, including manual or telephone showers used for personal care, classified in tariff items 7324.90.99 and 7418.20.01, are also exempted from complying with this NOM.

Finally, the new description set forth in the TIGIE modification, that is subject to compliance with NOM-141-SSA1-1995 (labeling for perfume products), is incorporated to item 3303.00.01.

3. First paragraph of Paragraph III and paragraph IV of article 6 of the NOM Accord (obligation to present labels containing commercial information) are amended to state that regarding beer classified under tariff item 2203.00.01, it is not possible to abide by any of the alternative methods to show compliance with commercial information NOMs, when deposited in a General Bonded Warehouse (paragraph III) or in a private address (paragraph IV).

4. Second paragraph of article 9 of the NOM Accord (used or refurbished goods subject to NOMs) is amended to establish the possibility of importing as components, refurbished, used or second hand goods that do not have a NOM certificate of compliance, provided that said goods are subject to a repair or refurbishing process, and the final goods (repaired) fully comply with the applicable NOMs.

In addition to the above, the importer must declare under oath the following:

a.	Which goods will result from the repair or refurbishing process;
b.	The safety NOM applicable to the finished good, and
c.	A commitment to secure the specific authorization applicable to the finished goods, prior to their marketing.

5. Last paragraph of paragraph VIII, and paragraph IX, of article 10 of the NOM Accord (exceptions for complying with NOMs and NOMs of commercial information) are amended.

Both amendments detail the tariff items that would not be exempted from complying with the NOMs, even if they are not going to be sold to the public in the same condition as they were imported, and with respect to goods which value exceeds one thousand US dollars or its equivalent in national currency.

Goods that would not be exempted are the following: Tires of different measures classified under the following tariff items:

4011.10.02, 4011.10.03, 4011.10.04, 4011.10.05, 4011.10.06, 4011.10.07, 4011.10.08, 4011.10.09 and 4011.10.99 and beer classified under tariff item 2203.00.01. On the other hand, tariff item 4011.10.01 (tires used by tourism cars) is excluded from the list, since it was eliminated from the TIGIE by means of the TIGIE Amendment.

By Baker & McKenzie

For further information, please contact us at info.mexico@bakernet.com All Rights Reserved © Baker & McKenzie Abogados, S.C. Mexico 2003