There is no hierarchical relationship between the International Trade Practices Unit (UPCI), the Foreign Trade Commission (Cocex) and the Advisory Council on International Trade Practices (CCPCI) of the Mexican government.

To begin with, the UPCI of the Ministry of Economy is the authority in charge of carrying out investigations on dumping, subsidies and safeguards, as well as proposing the application (or not) of countervailing, antidumping and safeguard measures.

In addition, Cocex’s opinion is taken into account before applying customs duties.

UPCI also participates in the Consultative Council on International Trade Practices (CCPCI), a body made up of representatives of the public and private sectors, whose purpose is to formulate methodological and technical recommendations of a public and general nature in relation to investigations on unfair international trade practices and safeguards.

UPCI

The UPCI is part of the structure of a Secretariat of State (Secretariat of Economy), while the Cocex and the CCPCI are entities outside that structure, with no power to issue mandatory guidelines or directives for the UPCI.

In this context, the Cocex is a commission formed by representatives of several Ministries (including the Ministry of Economy), in addition to the autonomous constitutional bodies: Bank of Mexico and the Federal Economic Competition Commission, as guests, whose function is to formulate recommendations on technical and methodological aspects present in the procedures.

In turn, the CCPCI is a council with the participation of representatives from the public and private sectors, whose purpose is to formulate methodological and technical recommendations to the UPCI, which are not mandatory.

The regulatory framework governing the application of antidumping, countervailing and safeguard measures has not changed substantially since the last review. The Foreign Trade Law (LCE) and its Regulations, as well as the WTO Agreements, continue to regulate everything related to the use and application of special trade measures (antidumping and countervailing duties and safeguard measures).

The existence of price discrimination (dumping) or subsidies, injury, a causal relationship between the two, and the imposition of measures is determined through an investigation in accordance with the administrative procedure provided for in the LCE and its Regulations, as well as in the World Trade Organization (WTO) Agreements.