The International Trade Practices Unit (UPCI) of the Mexican Ministry of Economy (SE) 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 (AD) and safeguard measures.
To this end, the opinion of the Foreign Trade Commission (COCEX) is taken into account before applying 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.
According to the World Trade Organization (WTO), the regulatory framework governing the application of antidumping, countervailing and safeguard measures has not changed substantially in the last five years.
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 (AD 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 the WTO Agreements.
UPCI
The WTO explains that procedures for the investigation of unfair international trade practices and safeguard measures may be initiated either ex parte or ex officio.
Party applications may be filed by legally constituted organizations and producing natural or legal persons using the official forms.
On the other hand, an ex officio investigation will be initiated when the SE has sufficient evidence of price discrimination or the existence of subsidies, injury and a causal relationship.
The administrative investigation must prove that the dumped or subsidized imports cause or threaten to cause injury to the domestic industry, in accordance with the applicable regulations.
The UPCI determines the existence of injury or threat of material injury to the domestic industry, taking into account all factors known to it.
Likewise, the UPCI always analyzes whether there are factors other than dumped or subsidized imports that at the same time may affect the domestic industry.
In the end, the determination is based on facts and not simply on allegations, conjecture or remote possibilities.
