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ARTICLES

LEGAL RESOURSES

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    • ARTICLE 117 B: HOW THE PROCEDURE OF AVOIDANCE OF C.C. (COMPENSATORY FEES) OR SAFEGUARD MEASURES WILL BE SUBSTANTIATED

     

    The procedure for the avoidance of compensatory fees or safeguard measures referred to in article 89 B of the Law (LCE: Art. 89B), it will be substantiated as follows:

  • The request must be submitted in writing to the competent administrative unit of the Ministry (RLCE: Art. 1), by the interested party or by those who act on their behalf, accompanied by the documents that prove it and meet the following requirements:

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  • State the resolution in question and the description of the facts that it considers constitute avoidance;

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  • The basics and the reasons that support the request, and

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  • The autograph signature of the interested party or of the person acting on their behalf;

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  • If applicable, the Ministry shall publish in the Official Journal of the Federation (Diario Oficial de la Federación) the resolution to initiate the procedure within twenty-five days following the submission of the request or, where appropriate, the response to the prevention and notify it to interested parties to have knowledge. In this resolution, it will summon the importer, exporter or, where appropriate, the foreign government in question, so that within a maximum period of twenty-eight days, counted from the day following its publication, they express what is convenient for their right;

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  • After the expiration of the period for offering evidence, a public hearing will be held and the deadline for the parties to submit their allegations, and

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  • The Ministry will publish the final resolution in the Official Journal of the Federation (Diario Oficial de la Federación) within a period of one hundred and thirty days, counted from the day following the publication of the resolution of initiation, and will notify the interested parties.