RULE 3.1.14: APPLICATION OF PREFERENCES IN MERCHANDISE WITH PROVENANCE OTHER THAN THAT OF ORIGIN

    For the purposes of articles 5.4 (3) (T-MEC: Art. 5.4) of the USMCA, 4-17 of the Mexico-Chile FTA, 3-17 of the Mexico-Israel FTA, 6-12 of the Mexico-Colombia FTA, 4-17 of the EFTA, 13 of Annex I of the FTA EU-MX, 13 of Annex III (TLCUEM: Anexo III) of the Decision, of the Trade Continuity Agreement between the United Mexican States and the United Kingdom of Great Britain and Northern Ireland (ACC), 35 of the Mexico-Japan EAA, 4.17 of the Mexico-Peru ECA, 4.18 of the Mexico-Northern Triangle, 4.17 of the Mexico-Panama FTA, 4.15 of the Additional Protocol to the Framework Agreement of the Pacific Alliance (Protocolo Adicional al Acuerdo Marco de la Alianza del Pacífico), 3.24 (1) (d) of the CPTPP and commercial agreements within the framework of the Latin American Integration Association (Asociación Latinoamericana de Integración), the importer may accredit that the merchandise that have been in transit, with or without transshipment or temporary storage, through the territory of one or more countries that are not a party of the free trade agreements to which the Mexican State is a part of and are in force or trade agreements signed by Mexico, were under the supervision of the competent customs authority in those countries, with the following documentation:

    I. With the transport documents, such as the air waybill, the bill of lading or the waybill, as the case may be, stating the date and place of shipment of the merchandise and the port, airport or point of entry of the final destination, when said merchandise have been in transit through the territory of one or more countries not a party of the treaty or corresponding agreement without transshipment or temporary storage.

    II. With the transport documents, such as the air waybill, the bill of lading or the waybill, as the case may be, or the multimodal transport document when the merchandise are transshipped by different means of transport, where the circumstance is stated that the merchandise that have been in transit were only subject to transshipment without temporary storage in one or more countries not a party of the corresponding treaty or agreement.

    III. With a copy of the customs control documents that prove that the merchandise remained under customs control and surveillance, in the case of merchandise that, while in transit, have been subject to transshipment with temporary storage in one or more countries not a party of the corresponding treaty or agreement.

    In the absence of the documents indicated in the previous sections and solely for the purposes of articles 13 of Annex I of the FTA EU-MX and 13 of Annex III (TLCUEM: Anexo III) of the Decision and of the Trade Continuity Agreement between the United Mexican States and the United Kingdom of Great Britain and Northern Ireland (ACC), the accreditation referred to in this rule may be done with any other proof document.

    In the absence of the documents indicated in the previous sections and only for the purposes of articles 4.15 of the Additional Protocol to the Framework Agreement of the Pacific Alliance (Protocolo Adicional al Acuerdo Marco de la Alianza del Pacífico) and 3.24 of the CPTPP, the accreditation referred to in this rule may be carried out with any other supporting document issued by the customs authority or other private entity, in accordance with the legislation of the non-party country.

    In the case of the importation under preferential tariff treatment of originating merchandise in accordance with the Economic Complementation Agreement (Acuerdo de Complementación Económica) No. 6 between the United Mexican States and the Argentine Republic, the documents indicated in section II of this rule must also state the place of departure in the territory of the Argentine Republic, the place of reception in the country or countries not a party of the Agreement where the transshipment was carried out and the place of shipment from where the merchandise will be destined directly to Mexico.

    For the purposes of article 3-17, numeral 3 of the Mexico-Israel FTA, merchandise that have been in transit with transshipment will not lose their originating status, without customs control, by the United States of America, Canada, Member States of the Community or of the EFTA.

    The provisions of the preceding paragraph shall be applicable as long as the importer attaches to the import customs declaration (pedimento) a copy of the Declaration of operations that do not confer origin in non-Party countries according to the Mexico-Israel FTA, provided for in Annex I of the Resolution on Customs Matters of the Free Trade Agreement between the United Mexican States and the State of Israel in force, duly completed.

    USMCA 5.4 (3) (T-MEC: Art. 5.4), Mexico-Chile FTA 4-17, Mexico-Israel FTA 3-17, Mexico-Colombia FTA 6-12, EFTA 4-17, FTA EU-MX Anexo I-13, Mexico-Northern Triangle 4.18, Mexico-Panama FTA 4.17(1)(d), CPTPP 3.24, Mexico-Japan EAA 35, Mexico-Peru ECA 4.17, PAAP 4.15, Decision Annex III-13 (TLCUEM: Anexo III), The ACC, Law 36-AI (LA: Art. 36A), 59-II (LA: Art. 59), Regulation 80 (RLA: Art. 80), Resolution on Customs Matters of the Free Trade Agreement between the United Mexican States and the State of Israel Annex I, General Rules of Foreign Trade (Reglas General del Comercio Exterior) Annex 22 (RGCE 2020: Anexo 22)