ARTICLE 89F: VALIDITY EXAMINATION OF THE COMPENSATORY FEES

     

    The Ministry (LCE: Art. 3) (RLCE: Art. 1) will publish in the Official Journal of the Federation (Diario Oficial de la Federación) the beginning of the validity examination of the compensatory fee and notify the parties that it has knowledge, so that within a period of 28 days from the day following its publication in said informative body, manifest what their right suits.

    After this period, the parties will have 8 days to present counter-augmentations or replies to the statement.

    National producing companies, exporters and importers that have legal interest in the result of the examination, must present the necessary information that allows the authority to determine if the elimination of the compensatory fee would repeat or continue price discrimination (RLCE: Art. 38) or the subsidy (RLCE: Art. 38A), and the damage.

  • Within 100 days after the start of the investigation, the Ministry shall notify the interested parties that it is aware of the opening of a second probationary period of 28 days, so that they present the arguments and evidence that may be convenient for them.
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  • Before issuing a final resolution, the Ministry may conduct verification visits (RLCE: Art. 173) which are consider convenient; will hold a public hearing (RLCE: Art. 170) and will grant the parties a deadline to present allegations.
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  • Once the examination procedure is finished, the Ministry will submit to the opinion of the Foreign Trade Commission (LCE: Art. 3) (RLCE: Art. 1) the final draft resolution.
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  • The Ministry will issue the final resolution within a maximum period of 220 days from the day following the publication of the resolution to initiate the exam in the Official Journal of the Federation (Diario Oficial de la Federación), whereby it may:
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  • Determine the continuation of the validity of the compensatory fee for an additional five years from the expiration date. In this determination, the Ministry may modify the amount of the compensatory fee.
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  • Eliminate the compensatory fee.
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    During the duration of the validity examination, the payment of compensatory fees will continue.