ARTICLE 68: ELEMENTS THAT THE SE (SECRETARÍA DE ECONOMIA) TAKES INTO ACCOUNT TO DETERMINE THE THREAT OF DAMAGE
For the purposes of article 42 of the Law (LCE: Art. 42), the Ministry (RLCE: Art. 1) will take into account:If a high growth rate of the investigated imports in the national market is observed that indicates the justified probability of a substantial increase in such imports in the immediate future at a level that could cause damage to the national production. For this purpose, the Ministry will consider, among other elements, whether the investigated imports concur to the national market to serve the same markets or the same current or potential consumers of national producers and if they use the same distribution channels;
The freely available capacity of the exporter or an imminent and substantial increase thereof that indicates the probability of a significant increase in exports that are subject to price discrimination or subsidies to the Mexican market, considering the existence of other export markets that may absorb the possible increase of these exports;
If the investigated imports are made at prices that will have a significant impact on national prices by lowering them or preventing them from rising. Likewise, it will be evaluated whether there is a real probability that the prices at which the investigated imports are made will significantly increase the quantity demanded of new imports. In this case, it shall be included the factors that affect the internal prices, among others, the modification of conditions or terms of sale to some customers as a direct consequence of the investigated;
The stocks of the merchandise under investigation in the national or export market;
Where appropriate, the nature of the subsidy in question and the effects that are likely to have on commerce, and
Any other provable economic trend that allows to infer that the imports in conditions of price discrimination or subsidies will cause damage to national production.