On August 27, 2021, the Ministry of the Economy, announced through various publications the export and import quotas for non-originating textile goods and clothing, susceptible to receiving preferential tariff treatment, in accordance with the Agreement between the United States of America, the United Mexican States and Canada, which was modified by various means published in the same official diffusion organ on March 5, 2021 (Agreement) and which aims to establish tariff preferences for textile goods and clothing not originating in the Treaty region between the United States of America, the United Mexican States and Canada (T-MEC) and that are exported to those countries.

The agreement was modified with the purpose of making more efficient the use of quotas to export cotton garments or artificial or synthetic fibers and wool garments and eliminate the established textile categories and promote the controlled use of the designated quantities of the Assignment Procedures to cover the commitments of exporters to the United States of America with the anticipation necessary to establish contracts and schedule their operations.

Therefore, in compliance with the provisions of the Foreign Trade Law, the provisions to which it refers were submitted to the consideration of the Foreign Trade Commission where the modification of the export and import quotas of textile goods and non-originating garments, susceptible to receive preferential tariff treatment, in accordance with the treaty between the United States of America, the United Mexican States and Canada.

The first paragraph of Point 1.1 is amended; the third paragraph of Point 1.4; Points 2.1.; 2.1.1;2.1.6; 2.2.1; 2.2.2; the first paragraph of Point 2.2.7; Point 2.2.9; the third paragraph to Point 2.3.1; Points 2.3.5; 2.3.6; 2.3.7 and 2.3.12; a first paragraph is added to Point 2.2.4; a last paragraph to Point 2.3.1 and a last paragraph to Point 2.3.2, and points 2.2.3 and 2.2.5 of the Agreement that disclose the export and import quotas for textile goods and clothing are repealed. non-originating clothing, susceptible to receive preferential tariff treatment, in accordance with the Agreement between the United States of America, the United Mexican States and Canada, published in the Official Gazette of the Federation on June 29, 2020.

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On August 13, the Ministry of Economy announced the Promulgative Decree of the Protocol that Replaces the North American Free Trade Agreement with the Agreement between the United Mexican States, the United States of America and Canada, made in Buenos Aires on November 30, 2018; of the Protocol Modifying the Treaty between the United Mexican States, the United States of America and Canada, made in Mexico City on December 10, 2019; of six parallel agreements between the Government of the United Mexican States and the Government of the United States of America, which entered into force on July 1, 2020.

That Article 5.16.1 of the Agreement between the United Mexican States, the United States of America and Canada (T-MEC) establishes that the Parties must, for the entry into force of the same Agreement, adopt or maintain through their respective laws or regulations , Uniform Regulations regarding the interpretation, application and administration of Chapters 4 (Rules of Origin), 5 (Origin Procedures), 6 (Textile Goods and Clothing) and 7 (Customs Administration and Trade Facilitation) of the T- MEC, as well as other matters agreed by the Parties.

First of all, the T-MEC establishes that the Parties must, for the entry into force of the same Treaty, adopt or maintain, through their respective laws or regulations, Uniform Regulations regarding the interpretation, application and administration of the four corresponding chapters.

The T-MEC entered into force on July 1, 2020, modernizing and replacing the North American Free Trade Agreement (NAFTA).

Thus, the T-MEC maintains zero tariffs among the three countries that were in force under NAFTA.

This new agreement updates NAFTA in a number of key areas, including expanding the United States’ access to Canada for certain U.S. dairy, poultry and egg products and by establishing some of the most robust and advanced provisions on rights of intellectual property and trade in digital products.

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On August 11, the Ministry of Economy announced through the Official Gazette of the Federation that the administrative commission of the free trade agreement between Mexico and Colombia agreed to grant a temporary dispensation for the use of certain materials produced or obtained outside the zone of free trade in the manufacture of certain textile and clothing goods, so that these goods can receive the preferential tariff treatment of the treaty.

This agreement is disclosed in decision No. 107 of the Administrative Commission of the Free Trade Agreement between the United Mexican States and the Republic of Colombia, adopted on July 9, 2021, said instrument will enter into force on August 12, 2021 and will conclude its validity on August 11, 2023.

The new products to which the Waiver will apply: certain textile goods classified in the subheadings of the Harmonized Commodity Description and Coding System: 6004.10, 6005.31, 6005.32, 6005.33, 6005.34, 6006.31, 6006.32, 6006.33, 6006.34, 6104.63, 6105.20, 6106.20, 6108.22, 6112.31, 6112.41, 6212.10, 6212.20, and 6212.90 totally elaborated in Colombia using the materials produced or obtained outside the free trade zone, classified, at the aancelarial fraction level in Colombia, in the fraction: 5402.31.00.00

The import tariff that Mexico will apply to the goods for which the exemption is granted, will be that corresponding to the original goods provided for in its tax relief schedule in Annex 1 to Article 3-04 of the treaty.

The certificate of origin will have to be filled out and signed by the exporter in this case, Colombia must indicate in the field of observations the following sentence: “the good complies with the provisions of decision No. 107 of the Administrative Commission of the Treaty and I use (amount (s)) kgs. of the exemption granted to (name of the material (s) used in the tariff section (s) _________. ”

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