The recent publication of new Regulations to Mexico’s Customs Law offer important changes in customs valuation methodologies. The obligations established in Article 81 of such Regulation, which consists of presenting documentation attached to the statement of value provided to a customs agent, should have entered into force. However, this obligation has been extended on several occasions and will now enter into force in January 2018.
The documents that will be required to be delivered to the customs agent include the following:
- a) Commercial invoice;
- b) Bill of lading, packing list, airway bill and/or other transport documents;
- c) Certificate of origin;
- d) When the value declared in customs is less than the estimated prices by the Secretary of Economy, the document that evidences the guarantee paid into in the customs account;
- e) Proof of the payment of goods;
- f) Documents that evidence expenses related to the transportation, insurance and other matters related to such customs entry;
- g) Contracts related to the transaction concerning the goods;
- h) Documents that evidence any additional charges (i.e. commissions, brokerage, packing charges, among others); and
- i) Any other information and documentation necessary to determine the value at customs.
In relation to this obligation, companies with a VAT certification are exempt from delivering the declaration of value to Mexican customs and, consequently, the documentation established in Article 81. Notwithstanding the foregoing, they are not exempt from the obligation to carry out a customs valuation analysis, to keep the respective supporting documentation and make it available to the competent authorities, upon request.
There has been relaxation and confusion on these issues. Therefore, companies should be aware of the changes that are constantly occurring regarding VAT certification, customs valuation and, in general, Mexican international trade and customs laws and regulations.