Suspension of Importer’s Registration

February 27, 2012
Suspension of Importer’s Registration

On January 11, 2012, the Second Chamber of the Supreme Court of Justice of the Nation (SCJN, for its acronymin Spanish) approved court decision number 2a./J.6/2012, titled “Suspension of importer’s registration; It doesnot constitute a definitive act but rather a nuisance and therefore the right to a prior hearing does not apply.”The Second Chamber of the SCJN determined that the sanction consisting of the suspension of the importer’sregistration in accordance with article 51 of the Customs Law, including the General Rules on ForeignCommerce, does not constitute a resolution of a definitive character but rather a provisional suspension whichallows the competent government authority to verify that import proceedings are carried out in accordance withthat established by applicable regulation. The Second Chamber established that since this is a temporary measure,issuing an immediate suspension without allowing the importer an opportunity to present evidence and defend itsinterests does not amount to a violation of the right to a prior hearing, especially since “the rules themselvesprovide for the possibility that the entity may remedy or clarify the irregularity detected by making thecorresponding request, the same which would render the temporary measure without effect and repair the injury.”Consequently, since the suspension is a temporary measure, it does not constitute a definitive act and, therefore, itis not feasible to comply with the right to a prior hearing. This court precedent is pending publication in theJudicial Weekly of the Federation.

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