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Amendments
to Existing Mexico’s Sectoral Programs: The December 31, 2001 Decree
By Julia Padierna-Peralta,
Esq., Neville Peterson LLP
On December 31, 2001, Mexico’s Economy Secretariat
published in the Official Gazette (Diario Oficial) a new Decree
amending existing Sectoral Development Programs ("Sectoral
Programs"). The article on Maquiladoras and Mexico’s
Sectoral Programs in 2001, previously posted in The Chamber News,
explained the key features of the Programs: their origin, what they
are, how they work and their significance to Mexico-based
manufacturing companies.
A Summary of the Programs
Mexico’s Sectoral Programs (Programas de
Promocion Sectorial or PPS or PROSEC by their
Spanish acronym) provide fixed, reduced duty rates on the importation
of qualifying inputs for the manufacture of a variety of finished
products. The Programs were basically designed to alleviate the
negative impact of the elimination of NAFTA duty drawback on
Mexico-based manufacturing companies. As of January 2002, Mexico had
established a total of 22 Programs benefiting well over 5460 products,
identified by tariff item. The Programs have been in effect for
Maquiladora and PITEX plants since November 20, 2000 and for all other
manufacturing companies since January 1, 2001.
The December 31,
2001 Sectoral Programs Decree
The December 31, 2001 Sectoral Programs Decree/
marks the fourth round of amendments to existing Programs./
The new Decree added approximately 284 new items, modified the duty
rates of inputs in six industry sectors and eliminated previously
qualifying items in ten industry sectors./
The new Decree affected the
following industry Programs:
|
|
Industry Program |
Modification of
existing duty rates |
Addition of tariff
items |
Elimination of
tariff items |
I.
|
Electricity |
X |
X |
|
II.
|
Electronics |
|
X |
X |
III.
|
Furniture |
|
X |
X |
IV.
|
Toys, Games and Sport Goods |
|
X |
X |
V.
|
Footwear |
X |
X |
|
VI.
|
Mineral and Metals |
X |
X |
|
VII.
|
Capital Goods |
|
X |
|
VIII.
|
Photographic Goods |
|
|
X |
IX.
|
Agricultural Machinery |
|
|
|
X.
|
Miscellaneous |
|
X |
X |
XI.
|
Chemicals |
X |
X |
X |
XII.
|
Rubber and Plastics |
|
X |
|
XIII.
|
Iron and Steel |
|
|
X |
XIV.
|
Pharmochemicals, Drugs and
Medical Equip. |
X |
X |
X |
XV.
|
Transportation |
X |
X |
X |
XVI.
|
Paper and Cardboard |
|
X |
|
XVII.
|
Wood |
|
X |
|
XVIII.
|
Leather and Skins |
|
X |
|
XIX.
|
Auto and Autoparts |
|
X |
X |
XX.
|
Textiles and Apparel |
|
X |
|
XXI.
|
Chocolate, Candy and Similar
("Like" Products) |
|
X |
|
XXII.
|
Coffee |
|
|
|
Additionally, the December 31, 2001 Decree listed,
by tariff item, approximately 3392 inputs to benefit from a 0% import
duty rate if imported between November 20, 2000 and November 30, 2001./
All the industries benefited from this provision in the Decree,
except for the Chocolate, Candy and Similar ("Like"
Products) and Coffee industry Programs. Companies that imported any of
the listed qualifying inputs during the referenced time period need to
correct their import "pedimentos" in order to secure the
duty exemption.
The December 31, 2001 Decree became effective on
January 1, 2002.
Conclusion
Careful review of the December 31, 2001 Decree is
highly recommended to manufacturing companies currently operating
under the Programs or interested in benefiting from the preferential
duty rates afforded by the Programs. We also continue to recommend
companies to keep track of the recurrent publication of Sectoral
Programs decrees, since modifications to the Programs could have an
immediate impact on a company’s operational costs and sourcing
strategies. Reliable Economy Secretariat sources have indicated that
the next round of amendments to existing Programs could be published
as early as March or April 2002.
Julia Padierna-Peralta is a former
Mexican Government official and now an associate with the Washington,
D.C. office of Neville Peterson LLP. This article is for informational
purposes only and does not purport to provide legal advice.
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