Duty Deferral
&
Trade Promotion Instruments
A Guide to International Trade in Mexico
Duty Deferral Program in Mexico
Long before the North American Free Trade Agreement (NAFTA) came into existence, Mexico had into effect duty deferral policies that allowed manufacturing companies, known as maquiladoras, to import goods, such as raw materials, parts, containers, etc., without paying import duties. The maquiladoras had to use said imported goods in the production of exported manufactured goods and, in turn, they could temporally import said goods and defer customs duties.
Eventually, NAFTA introduced drawback provisions to promote the use of regional goods and to reduce the incentive for third countries to use a NAFTA country as an ‘export platform’.
Article 303 NAFTA, replicated in article 2.5 United States, Mexico, and Canada Agreement (USMCA), introduced a general prohibition on refunding or exempting customs duties owed on non-originating goods imported into the territory of a party.
In essence, this provision has as a purpose to avoid double ‘taxation’ on non-originating materials that are used as inputs in the production of finished goods subsequently exported to another USMCA party (previously NAFA). When the manufactured product is exported to another USMCA party, the exporting USMCA party, say Mexico, is obliged to consider that the used non-originating materials were destined for domestic consumption; and, thus, Mexico should collect the import duties that are applicable to the non-originating materials.
These rules were, of course, crafted to prevent Mexico from becoming a ‘back door’ for non-NAFTA materials to the US market and avoid double taxation. However, Mexican policymakers were creative enough to craft the following trade instruments that made it possible to circumvent article 303 NAFTA, today article 2.5 USMCA. Hereon, we will stop referring to NAFTA and we will refer to the US, Canada, or Mexico as a USMCA party, since the USMCA substituted NAFTA on July 1st, 2020.
The Maquila Industry: What is the IMMEX program?
Today, maquiladoras generally operate under the IMMEX program. This program allows firms to import the inputs or machinery under the temporal import customs regime. This customs regime allows to differ customs duties provided that the manufactured or assembled goods are exported, among other conditions. When exporting the manufactured products to another USMCA party, the IMMEX companies would have to pay the resulting imports duties applicable to the non-USMCA materials.
Companies under the IMMEX program may benefit from tax incentives and access to other tax and customs facilitation measures. Nevertheless, IMMEX companies are subject to complex controls, reporting, and permanent surveillance on behalf of Mexican Tax authorities.
Are you interested in setting up an IMMEX company?
There are different types or modalities of IMMEX companies. A company, for instance, may hire the services of a “shelter” company without having to incorporate a company and/or have their own facilities in Mexico.
For more information (free of cost) on the IMMEX program, including service providers:
Trade Promotion Instruments
In order to circumvent article 303 NAFTA (i.e. article 2.5 USMCA), the Mexican Ministry of Economy designed trade promotion instruments. Today, IMMEX companies are eligible to access the Sectoral Promotion Programs (PROSEC) and the Eight Rule (Regla Octava). These trade instruments allow companies to import inputs and machinery at preferential tariff rates, ranging from 0% to 5%, for the purposes of manufacturing-specific goods.
For the purposes of clarity, an IMMEX company may still have to apply article 2.5 USMCA. An outstanding customs duty balance may result because the preferential tariff rate is, for instance, 1%. Nevertheless, a significant number of IMMEX companies or maquiladoras are able not only to export finished goods that qualify as originating under USMCA, but they can also benefit from an even lower customs-tax environment.
What is PROSEC?
The Sectoral Promotion Programs (PROSEC, acronym in Spanish) allows the registered companies to import inputs and machinery at a preferential tariff rate for manufacturing specific goods, irrespective of whether the final good is consumed on the domestic market or exported. Originally created in 2002 with the purpose of “bolstering competitiveness”, PROSEC has the following 23 economic sectors or “sectoral program”:
- Food and Sugar
- Coffee
- Chocolates, confectionery and the like
- Mining and metallurgy
- Chemicals
- Pharmaceutical products, medicines, and medical equipment
- Photography
- Rubber and plastic articles
- Leather and hides and skins
- Wood
- Paper and paper board
- Textiles and clothing
- Footwear
- Iron and steel
- Agricultural machinery
- Electricity
- Electronics
- Automobiles and spare parts
- Transportation, except the automotive and spare parts sectors
- Toys and sports articles
- Furniture
- Miscellaneous industries
- Capital goods
Each sectoral program lists the final goods that fall under the sector, as well as the inputs that are needed to produce the final goods by tariff item and their preferential tariff. Hence, a registered company will only be able to benefit from the preferential tariffs applicable to the inputs of its sectoral program(s) or manufacturing activities. In other words, “the incentive provided is only granted if the inputs are used in the sector or sectors specified in the PROSEC.”
According to Mexico’s most recent trade policy review, the most common preferential PROSEC tariff rates were 0% and 5% in 2016, which applied to 75% and 19% of the tariff lines, respectively.
Eight Rule (Regla Octava): What is the Eight Rule?
The “eighth rule” consists of a license, issued by the Ministry of Economy, that allows an authorized company to use tariff items from Mexico’s HS heading 98 “special operations.” The authorized companies may import machinery, equipment, materials, inputs, parts, and components at preferential tariff rates per the Ministry of Economy authorization.
Companies that seek to benefit from the Eight Rule must have their “ manufacturing company certificate” that consists of its PROSEC registration. In other words, the company must have its PROSEC registration in order to access the preferential tariffs of the Eight Rule. Moreover, the authorized company must use the imported inputs or machinery under the eight rule for the production of the goods under its PROSEC sector.
Perhaps it is unclear why should a company that benefits from PROSEC should also apply for the Eight Rule license. About 25% of PROSEC’s preferential tariff rates range from 2.5% to 10%, meanwhile, the Eight Rule’s benefit is duty-free import rates.
Free Trade Zones in Mexico
Mexico does not have free trade zones as such. However, the “strategic in-bond facility” (SIBF or Recinto Fiscalizado Estratégico) is normally confused as a “Free Trade Zone”. There are more than 20 SIBF in Mexico.
In essence, a third party is responsible for managing, supervising, and controlling the SIBF. The SIBF’s facilities have to be within the vicinity of or next to the Mexican Customs Authority (SAT, acronym in Spanish).
In order to carry out activities within the facilities of the FTZ, the interested party will have to submit an application before SAT and, of course, negotiate and have an agreement with the manager of the in-bond facility. If authorized, the interested party will benefit from duty deferral, among other customs facilitation measures.
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Non-Tariff Barriers
Automatic and Non-Automatic Import Licences Applicable in Mexico .
Customs
Everything you need to know to import or export in Mexico.
How to do business in Mexico?
The Mexican Legal Guide
How to create a company in Mexico?
Under this section, Doing Business Mexico explains the 12 steps to create a company in Mexico, including the basic legal features of the two most relevant types of companies as well as other possible business structures.
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Do Foreign Investment Restrictions Apply in Mexico?
As a general rule, all sectors of the economy are open to foreign investors unless otherwise provided in Mexico’s Foreign Investment Law. Although through the years sectors have been liberalized, Mexico has still foreign investment restrictions in place that are applicable to specific activities as well as restrictions on land ownership.
Visit our guide: Foreign Investment in Mexico.
International Trade in Mexico
Being a WTO member and having 13 Free Trade Agreements, Mexico is a country that is open to international trade. In this guide, topics such as tariffs, preferential tariffs, import restrictions, customs procedures, Free Trade Agreements like USMCA, among other matters, are reviewed.
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The IMMEX Program and the Mexican Manufacturing Industry
The export-oriented manufacturing industry, also known as the maquiladora industry, represents one of the most important pillars of the Mexican economy. The IMMEX program is, to a great extent, used by companies within the manufacturing industry. In this guide, Doing Business in Mexico provides a general overview on the IMMEX program.
Visit our Guide: The IMMEX Program.
Taxation in Mexico
What are Mexico’s main taxes? What is the corporate income tax rate or Mexico’s VAT? When a foreigner creates a permanent establishment in Mexico, or is considered a resident for Mexican tax purposes? In this guide, Doing Business in Mexico explores the common questions that a foreigner has about Mexican Taxes.
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Labor in Mexico
What is Mexico’s labor environment? What is the minimum wage? What about the effects of the United States-Mexico-Canada Agreements (USMCA) on unions and collective bargaining? In this guide, Doing Business in Mexico explores the common employment topics that a foreigner has about Labor in Mexico .
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