Non Tariff Barriers

Other Non Tariff Barriers

Technical Standards & SPS measures in Mexico

A wide variety of imports are subject to technical regulations on product-information requirements, labeling, safety, characteristics. Mexico’s technical regulations apply to import and domestic products are commonly known as NOMs (Norma Oficial Mexicana). Other imports may be subject to sanitary and phytosanitary and safety standards. 

Intellectual Property  restrictions 

For certain types of trademarked products, the importer must now prove that it is the owner or licensee of the trademark.

Price Estimates restrictions

Other notable non-tariff barriers are the “price-estimates” that apply to used vehicles, certain textiles, apparel, and footwear products in Mexico. The Ministry of Treasury provides the minimum price or value of said goods, and it is used “as a reference for the customs valuation..” in order to avoid undervaluation and tax evasion. If the value of the goods imported is below the estimated or minimum price, the importer will have to provide a security deposit securing the payment of the import duties per the estimated or minimum price.     

Import Quotas

Certain products are subject to import quotas, such as certain agricultural products (e.g. beans, coffee, barley, and poultry meat) and manufactured goods (including polyester filament, motor vehicles, and toys).

Exports Tariff & Non-Tariff Export Barriers

A couple of export tariffs exist (e.g. bitumen, asphalt, and bituminous mixtures) and few non-tariff barriers on exports are applicable in Mexico. The Ministry of Economy, in conjunction with other ministries, imposes export restrictions and controls, such as:

• Automatic export licenses.
• Non-automatic export licenses.
• Export quotas.
• Non-tariff regulations.

Currently, the only product subject to an automatic export license is fresh tomato as a result of a suspension agreement in the antidumping investigation in the US.

Non-automatic export licenses are designed to protect public morals, the environment, security, public health, public heritage, and security interests. Therefore, certain goods that fall under the following categories may be subject to export licenses or permits:

• Live animals.
• Minerals.
• Chemical products.
• Pesticides and other toxic products.
• Textiles.
• Energy and basic petrochemical goods.
• Works of art.
• Security (Conventional Arms and Dual-Use Goods)

Like imports, the relevant authority will issue the export permit. The Ministry of Economy, for instance, is in charge to regulate and issue export permits on dual-use goods provided that it is not subject to export controls by another Ministry. For example, the Ministry of Energy has trade controls on some dual-use goods that fall on the GSN list (i.e. nuclear technology or components) and, thus, said Ministry would issue the export permit instead of the Ministry of Economy. 

In sum, an individual or company that seeks to export must review the relevant tariff item (i.e. identification commercial number). 

Mexico’s export quotas are based on its preferential trade agreements and FTAs or suspension agreements (for example, the suspension agreement on sugar trade with the US as a result of a subsidy investigation). To obtain an export quota, an exporter must follow two procedures before the Ministry of Economy (namely, the quota request and the quota certificate procedures). The rules governing quota allocations, as well as amounts and requirements, among other matters, vary depending on the product and export destination.