Our Areas of Practice

Pursuant to our practice in international trade law related matters, we develop work in the following fields:
 

Our Work in International Trade

Our international practice focuses on those provisions of Mexico’s law most frequently used measures to address international trade practices; among them, antidumping and countervailing measures, safeguards, quotas, tariff and non-tariff barriers, standards and labeling requirements (NOM’s), sanitary, phytosanitary and chemical trade measures, rules of origin, country-of-origin marking, customs minimum prices, etc. In this context, our experience of work covers a broad area of international trade legal topics that few firms in Mexico are capable to attend.

Clients also call on us in connection with trade policy issues relating to a variety of specific topics. Some examples are investment, government procurement, cross-border trade in services, competition law, accelerated tariff reductions, sectorial programs, interpretation of GATT codes, NAFTA and other FTA’s, free trade zones, automotive policy, maquiladora regimes, creation and compliance of federal standards, industrial property, and the like.

Members in the firm were the creators of several export (duty free) programs that continue to operate in Mexico’s foreign trade regime. Clients ask us frequently to design export programs (PITEX, ALTEX and Draw Back) and to assist them in the program compliance before the competent governmental agencies.

Moreover, our firm participates on behalf of several sectorial associations preparing the necessary studies to be considered by the government of Mexico for free trade negotiations.

Our work in unfair trade practice

Our practice group has over 40 years of collective experience in Mexican antidumping and countervailing duty cases. We offer substantial more experience than any other Mexican law firm. Members of the firm have played a major role in the creation of the Mexican Antidumping System, including the drafting of the first legal framework in this subject and the participation of several members of the firm acting as the investigating authority administering and enforcing the Mexican antidumping laws throughout 1986-90, including the Ministry of Commerce, Foreign Trade Commission and in the Mexican Customs Service.

Vazquez Tercero y Asociados has participated in a number of unfair international trade investigations We have participated in nearly one third of all trade cases in Mexico, representing national producers (petitioners) and clients all over the world (foreign respondents and governments) in all kind of product investigations, including steel, chemical, agricultural and others. In some occasions, we have supported other law firms during unfair trade investigations with injury arguments, trade analysis and statistics. We have been the first to successfully argue cancellation of subsidies in virtue of privatization of state-owned industries during countervailing duty investigations.

Additionally, we have been the first to challenge administrative determinations in antidumping and subsidies matters before competent courts (Federal Fiscal Court, Circuit Courts of Appeal and Supreme Court of Justice), with positive results. A partner of the firm has represented an important American association of exporters before a NAFTA’s Chapter XIX binational Panel in a major trade dispute between the government of Mexico and the U.S.

Several members of the firm have created, along with other Mexican counsels, the International Trade Practices Consultants Association (ACOPRACI), which serves as a consultant organ for the Ministry of Commerce in antidumping and countervailing duty issues. A partner in the firm holds a position in the Unfair Trade Practices Consultation Council created by the Federal Government.

Moreover, the firm has published a 500 page manual and a book in the Mexican trade remedy system. Ours is the only literature fully describing Mexican legal practice and framework. Most of Mexican law firms with activity in antidumping and countervailing duty cases make use of our literature on a regular basis. The investigating authority has welcomed and recommended the book as a valuable tool for understanding the Mexican Antidumping System.

For all of the above, Vazquez Tercero y Asociados is Mexico’s leading firm in antidumping and countervailing duty matters.
 

Our work in customs matters

Lawyers in the firm have experience in a wide variety of customs matters. We regularly assist clients in customs planning and practicing customs audits of their past operations. Our work in this area includes customs classification, advise in all kind of import and export regimes, merchandise return, customs barriers, cash deposits, valuation issues, duty drawback operations, specific rulings, rules of origin compliance, advanced resolutions, preferential treatment, country-of-origin marking, etc.

We normally represent our clients during customs procedures and attend in-situ inspections from the Mexican or foreign governments in connection to tariff audits or rules of origin.

Where such case an adverse determination is found, we normally represent our clients before the competent courts to overturn the negative finding. Our customs practice pretends to achieve for our client a fiscal saving without falling into customs responsibility.

Finally, our firm has edited in previous years the Customs legal framework for the National Chamber of Customs Brokers Associations.
 

Our work in Economic and Tax advisory, and Taxation planning

The Firm established in 2002 a strategic alliance with the tax advisory Firm of Ruvalcaba, Villalobos y Cia. (www.ruvicia.com) in Guadalajara, Jalisco. Jointly, we assist clients in obtaining individual resolutions from tax authorities, comment on the tax effects of the amendments to taxation laws and regulations, and we design the strategy to follow in order to obtain fiscal savings in a particular business operation.

Towards this end, we also provide our clients with economic advise based on our monthly economic review of the international and national economy. Our economic and taxation advise provides our clients with a better understanding of the market before taking a business or investment decision.
 

Publication Activity

As part of our work, the publication activity of the firm has been recognized by numerous companies, institutions and governments. We are the only law firm in Mexico that has published a manual in the Mexican trade remedy system, and one on rules of origin for the autoparts industry. Likewise, we have published the Customs Law for the National Chamber of Customs Brokers Associations.

click here to see TEXTS