On 5th October 2017, the Ministry of Economy published in the Federal Official Gazette (FOG) the "Decree by which the General Import and Export Duties Law is modified" (GIEDL), through which new Harmonized Tariff Schedule codes (HTS codes) were created, as well HTS codes of various products were eliminated, among them, crude oils of petroleum, diesel and gasoline. The foregoing, by virtue of the opening of international trade of hydrocarbons to the private sector in Mexico, hence it was necessary to have an improved statistical control to identify the commerce of this kind of goods. This agreement entered into force 60 calendar days as of its publication in the FOG, that is, on 3 December 2017.
In this regard, the HTS codes that were eliminated as of December 3, 2017, are the following:
The HTS codes that were created and which entered into force as of December 3, 2017, are the following:
Based on the above, on December 4, 2017, the Ministry of the Economy published in the FOG the "Agreement that modifies the diverse establishing the classification and codification of Hydrocarbons and Petroleum products, which importation and exportation is subject to Permit by the Ministry of Energy" (the "Agreement"), with the purpose of updating Annexes I and II of the Agreement, to be as follows:
- Annex I. Goods subject to the requirement of Import Permit by the Ministry of Energy:
2709.00.02, 2709.00.03, 2709.00.04, 2709.00.99, 2710.12.03, 2710.12.08, 2710.12.09, 2710.12.10, 2710.12.91, 2710.19.08, 2710.19.09, 2710.19.10, 2710.19.91, and 2711.19.01.
- Annex II. Goods subject to the requirement of Export Permit by the Ministry of Energy:
2709.00.02, 2709.00.03, 2709.00.04, 2709.00.99, 2710.12.03, 2710.12.08, 2710.12.09, 2710.12.10, 2710.12.91, 2710.19.05, 2710.19.08, 2710.19.09, 2710.19.10, 2710.19.91, 2711.11.01, 2711.19.01 and 2711.21.01.
The Agreement entered into force on December 4, 2017.
It is important to consider that, in accordance with the second transitory article of the Agreement, the Import/Export Permits of Hydrocarbons and Petroleum products that have been granted by the Ministry of Economy before the entry into force of the Agreement, will remain being effective until their validity is concluded.
On December 8, 2017, the "Third Resolution of Amendments to the Foreign Trade General Rules 2017" (FTGR) and Annex 10, Section A (HTS codes subject to the Sectorial Importers' Registry) with respect to Sector 13 (Hydrocarbons) was published in the FOG. By means of this publication HTS codes 2710.12.04 and 2710.19.04 were abolished and HTS codes 2710.12.08, 2710.12.09, 2710.12.10, 2710.12.91, 2710.19.09, 2710.19.10 and 2710.19.9 were added. This amendment became effective on December 3, 2017.
Our International Commercial Practice Group and our Energy, Mining & Infrastructure Industry Group will be pleased to address any inquiry that may arise as a result of the above referred publication.