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ARTICLES

LEGAL RESOURSES

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    • ARTICLE 117 A: HOW THE PRODUCT COVERAGE PROCEDURE WILL BE SUBSTANTIATED

     

    The procedure referred to in article 89 A of the Law (LCE: Art. 89A), 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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  • The legal bases and the reasons that support the petition;

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  • The description of the merchandise in question, its physical characteristics and technical specifications, origin, function, use and nature; where appropriate, the components or inputs used in its manufacture and other data that individualize it, as well as the description and tariff classification according to the Tariff of the Law of General Import and Export Taxes (Tarifa de la Ley de los Impuestos Generales de Importación y de Exportación). The request must be accompanied by samples, catalogs and other elements that allow identifying the merchandise, 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 will publish in the Official Journal of the Federation (Diario Oficial de la Federación) the resolution to initiate the procedure within twenty days following the submission of the request or, where appropriate, the response to the prevention and notify it to interested parties that have knowledge. In this resolution, people who consider having an interest in the procedure will be convened so that within a period of fifteen days, counted from the day following its publication, they express what is appropriate to their right, 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 sixty days, counted from the day following the publication in the Official Journal of the Federation (Diario Oficial de la Federación) of the resolution initiating the procedure and will notify the parties interested appearing.

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    If the Ministry confirms that the merchandise in question is subject to the payment of the compensatory fee, it must be paid together with the corresponding surcharges in accordance with the applicable tax provisions.