64 frequently asked questions about the USMCA: from 13 to 15

The Ministry of Economy published a list of 64 frequently asked questions about the Treaty between Mexico, the United States and Canada (USMCA).

The T-MEC establishes that the Parties recognize the right to apply trade remedy measures consistent with Article VI of the GATT 1994, the Anti-Dumping Agreement and the SCM Agreement, and the importance of promoting transparency in anti-dumping and countervailing duty procedures. , and to ensure the opportunity for all interested parties to participate meaningfully in said procedures.

To facilitate access to information relevant to anti-dumping and countervailing duty procedures, each Party shall publish the following online:

(a) laws and regulations related to its anti-dumping and countervailing duty procedures; and

(b) examples of questionnaires that you would issue in a typical anti-dumping proceeding.

When publishing information online, a Party will endeavor to minimize the number of web pages on which such information is provided. A Party will also endeavor to publish other information relevant to anti-dumping and countervailing duty procedures online, such as manuals, guidelines, templates, and other reference and guidance materials, where appropriate.

These are questions 13 to 15 about the USMCA, answered by the Ministry of Economy:

  1. What is the purpose of USMCA Chapter 10 of Commercial Remedies?

The objective of this Chapter is to regulate safeguards, anti-dumping, and countervailing measures; and cooperation to prevent the evasion of rights in the matter of commercial remedies, as well as to foresee measures related to the formation of binational panels that will issue the final resolutions on antidumping and countervailing quotas.

  1. What are the main provisions of USMCA Chapter 10 of Commercial Remedies?

  • Safeguards: an exclusion is maintained for a Party to apply this measure to one of the other Parties subject to certain conditions, such as the Party not being one of the five main suppliers of the merchandise. This replicates the provisions of the North American Free Trade Agreement (NAFTA).
  • Anti-dumping and countervailing duties: The rights and obligations of each Party within the framework of the World Trade Organization (WTO) for these matters are preserved.
  • Prevention of evasion: a cooperation mechanism is established to prevent evasion of antidumping, countervailing and safeguards duties, through the exchange of information.
  • Binational panels: the mechanism contained in chapter XIX of NAFTA is maintained.
  1. What are the benefits for Mexico of USMCA Chapter 11 on Technical Barriers to Trade in Goods?

Among the benefits of the Treaty, is the strengthening of transparency processes in the elaboration and adoption of the Technical Regulations (RT) and the Procedures for the Evaluation of Conformity (PEC) of the Parties.

It guarantees non-discriminatory treatment for Mexicans who are interested in participating in the process of preparing RTs and PECs in the United States and Canada, in addition, promoting the use of international norms, guides and recommendations in preparing RTs and the PEC, with a view to reducing or avoiding the duplication of technical requirements applicable to the products that are sought to be commercialized in the territory of the Parties.