The document provides guidance for US companies interested in exporting toys, dolls, and games to Mexico. It summarizes key considerations such as import requirements, regulations, standards, and contacts for assistance. Reviving demand from the US helped Mexico's economy grow 4% annually in recent years. Exporting to Mexico offers opportunities, but companies must address import procedures, regulations on product safety certification, intellectual property protection, and other market access issues to avoid fines or seizures. The US Commercial Service can help companies resolve trade barriers and connect with resources.
3. Reviving demand from the U.S. led the Mexican
economy out of the economic slump in 2010 and
allowed the country to grow by some 4.0% per year in
the past two years. The improvements in the credit
market and industrial activities have helped
consumers and businesses regain confidence, while a
recovering U.S. economy has propped up Mexico’s
exports.
4. There has never been a better
time to grow your business by
selling abroad.
Easy and Profitable Ways to
Export if you do it right
5. Register on export.gov. Resources: A Basic Guide to Exporting 18
part series webinar http://export.gov/basicguide and many
more….
Using Export Data to Find Markets and
Price
How to Ship Your Product
How to Write an Export Plan
Resources You Should Know
How to Find Valuable Stuff on
export.gov
6. How to Find HS Codes and Calculate Duties
and Taxes
New Incoterms 2011
How to Identify International Markets for
Your Products
www.export.gov/webinars “Taking Advantage
of NAFTA” program
7. Suggestions to sell in Mexico
U.S. Licensed Freight Forwarder and you Sell - Remember:
Mexican importers need permits, you cannot send your
products “directly” to a customer if not registered. You will
need to identify a Mexican Customs broker to export to
Mexico unless your export is worth less than USD 2,000 and
shipped via courier services.
8. Become aware of different negotiating styles,
stating expectations
Assess market potential – use CS market
research (export.gov)
The U.S. Commercial Service has a Commercial
Assistant dedicated to the toy industry in
Mexico. Alejandra Calderon can reached by
email at Alejandra.Calderon@trade.com or by
phone at 52-55-5140-2651
Review import requirements and logistics – it
will affect your price
9. Check Mexican partner – contact CS Mexico
(www.buyusa.gov/mexico) trade specialist per sector – ICP
Arrange meetings if need a distributor/agent in person or
virtually contact CS Mexico (GK)
Visit Mexican trade fairs – contact CS Mexico for listing
Selling to the Mexican government? – contact CS Mexico for
strategic support, high-level introductions, business
cocktails with who’s who and targeted advocacy
10. Trade Complaints? – Problems with
Customs? Problems getting paid?
Contact CS Mexico
for assistance
11. A LOT of
considerations
before shipping,
involve your
Sales & Marketing
Team,
Order
Management
Team,
R&D,
Import Procedures
Country
controllers,
Shipping
Logistics
Division,
Trade
Compliance,
IT Groups
within
your
organization
12. a) US HTS code – Harmonized Tariff Schedule
TIP
(www.usitc.gov/tata/hts) or Schedule B code needed when
filing export declaration (electronic export information or
EEI (www.aesdirect.gov). Do it yourself, FF, use vender
software to submit EEI using a paid AES service provider or
create your own AES program. Pre-Departure (Post-
departure privileges requires approval from Census, CBP,
BIX, DDTC and others).
HS code is important because it will determine if
product needs an import permit and whether it is
dutiable - confirm with Mexican Customs Broker!
Imports are subject to a 16% value-added tax (VAT)
plus a 0.8% ad valorem customs processing fee is
levied on imports (11% VAT at border region)
(www.census.gov/foreign-trade). (The processing
fee does not apply to NAFTA-qualifying goods.)
13. b) INCOTERMS 2010: Business decision
(www.iccwbo.org/incoterms/id3025/index.html)
FOB applies to vessels
only! Whomever is
the authorized
importer of record is
responsible to send
product to the
Mexican Customs
broker or buyer.
14. c) Import Declaration along a
Commercial Invoice
All Mexican Imports should be accompanied by an
Import Declaration along a Commercial Invoice (not
a Pro-Forma), with correct Price (Value declaration).
Importer keeps declaration. Price should include
duties, charges at the border, insurance, etc. (NOT
transportation after importation). Transaction Value
method mostly used. TIP: Don’t guess. Visit
Customs Border Protection (CBP) website. CBP uses
pro-forma invoices to assess duties/taxes and
examines goods, but the Mexican importer of record
is required to post a BOND and produce a commercial
invoice within 120 days from the date of entry. Make
sure prices match everywhere, including the label!
15. d) Pro-Forma
If letter of credit (LoC) is
involved, packing list
forms and applicable
airways bill or bill of
lading should have all
required information
documented per LoC
requirements or you will
have problems getting
paid timely! Send copies
of commercial invoice to
Mexican broker and
shipper in advance
Is a confirmed P.O.,
including cost used as sales
quote and usually
considered a binding
agreement even though the
price might change in
advance of final sale. The
Commercial Invoice is
needed for the Customs
clearance process and
requires the true value. Is
used to record accounts
receivable for the seller
and accounts payable for
the buyer.
16. e) Export Control Classification Number (ECCN)
Export Administrations Regulations (EAR) determine
level of control needed for certain articles, technology
and software PRIOR to shipping.
For lower products or products
that do not need control “EAR99”
is the code used by the
Department of Commerce
(DOC) Bureau of Industry and
Security (BIS).
17. f) Mexico does not require a Certificate of
Origin BUT if the product qualifies to
receive benefits under the North American
Free Trade Agreement (NAFTA), the
exporter has to prepare it and send copies
to Mexican Customs broker to claim NAFTA
tariff rate (if less than USD 1,000 state
reason on Commercial Invoice). To classify
under NAFTA see Rules of Origin
(http://tcc.export.gov/Trade_Agreements/A
ll_Trade_Agreements/NAFTA_Part2_Chapte
r4.asp)
18. US COMMERCIAL CONTACTS
Get in contact with your closest U.S. Export Assistance
Center (USEAC) - Sacramento EAC - Tel: 916-566-7011 -
Mobile: 916-202-7425 - E-mail: Anthony.Hill@trade.gov
Contact mexicobic@trade.gov Aliza Totayo 615-736-
2225; Geoffrey Bogart 858-467-7052; Robert Queen 915-
929-6971
Questions? Call Trade Information Center at 1-800-
USA-TRADE = 1-800-872-8723 or Roza Pace, at 202-482-
1354 E-mail: roza.pace@trade.gov
E-mail: tic@trade.gov (Trade Information Center)
19. TARIFFS
Mexico has eliminated all tariffs on toy products (NAICS 33993).
This sector includes dolls, video games, billiard tables and
bowling equipment, as well as traditional toys. Mexico can
exercise the right to restrict the number of companies that have
the right to import toys to Mexico as well as the types and
quantities that these companies can import.
20. Intellectual Property Rights
In accordance with the WTO agreement on
Trade-Related Intellectual Property Rights
(TRIPs), Mexico is obligated to comply with
internationally accepted norms for
protecting and enforcing the intellectual
property rights of U.S. and other foreign
companies and individuals under Mexican
law.
21. Intellectual Property Rights
Even though Mexico needs to strengthen their enforcement activities
on patents, trademarks, and copyrights, having a valuable brand
always helps since there is nothing better than the original. However,
in Mexico you will want to defend your product against knock-offs.
According to the Mexican Confederation of Industrial Chambers,
contraband from China is prevalent.
It is advisable to protect your intellectual property through local
Mexican law and it is advisable to hire a local counsel in order to do so.
Please check IPR Toolkit at the Stopfakes.gov website. Continued
innovation, bringing products to the market that shifts the people’s
paradigms while capturing their imagination, offering better
solutions while delighting them and helping them grow will always
help to ensure your continued success too.
22. Technical Barriers to Trade & Non-Technical Barriers to
Trade (Product Standards & Labeling Requirements)
Most of the Mexican standards and certificates
are in line with U.S. standards. Mandatory
Technical Regulations to guarantee safety (NOMs)
include labeling requirements for “informed
consumption reasons.” Voluntary Standards (NMX)
are issued by recognized national standardization
bodies to promote quality. Reference Standards
(NRs) are drawn for products and services subject of
government procurement. Hot line for label
inquiries in Mexico: 525-729-9486.
23. The United States and Canadian Safety Marks (like
U/L, ETL, CSA) are not recognized in Mexico and NOMs
are required for electronics/electrical products for
home, office and factory computers local area network
(LAN) equipment to be able to commercialize these
products. Even though the NMX NOM Mark is a
Voluntary Mexican product safety mark, it is usually
required in governmental tenders and a requirement for
the majority of electronic items, since it certifies that
the product meets the local safety requirements. The
shipper needs to ensure that their products are NOM
compliant.
Technical Barriers to Trade & Non-Technical Barriers to
Trade (Product Standards & Labeling Requirements)
24. The certification process is administered by the
Secretariat of Economy’s Dirección General de Normas
(DGN) who authorizes all independent certification
bodies. There are several laboratories accredited by
EMA (Entidad Mexicana de Acreditación) and approved
by COFEPRIS (Comisión Federal de Sanidad) that can
perform safety tests in-country. Their reports are
submitted to the clients who, in turn, present them to
COFEPRIS.
Technical Barriers to Trade & Non-Technical Barriers to
Trade (Product Standards & Labeling Requirements)
25. There are three major classifications for certification
purposes:
security
chemical tests and
labeling.
Depending on the types of products more than one NOM
may be required, from more than one Secretariat (i.e., NOM-
015-SCFI-2007 covers labeling for toys for commercial
information per Secretariat of Economy, NOM-252-SSA1-2011
covers labeling and metals on toy products per Secretariat of
Health).
Technical Barriers to Trade & Non-Technical Barriers to
Trade (Product Standards & Labeling Requirements)
26. The regulatory environment is Mexico is
constantly changing, exporters are encouraged to
check with a Mexican broker for any new
regulations made. The NOM certificates should
be received prior to importation. Samples are
needed for testing. A number of products are
subject to the mandatory standards (NOMs) set by
the Mexican government, including:
MANDATORY STANDARDS NORMS
27. Tires, toys and school supplies – Please note that
pencils are not only subject to comply with NOM
regulations but a sanitary notice from the
Mexican Secretariat of Health is required before
shipment.
Lighting fixtures
Local telecommunication products, wired
(phones, etc.) and wireless (cellular)
Imports of electricity propane, natural gas or
battery power products
28. Compact discs, recorded and unrecorded
Sound recording equipment (CD writers) and
others.
Another local standard contacts of interest
“Sociedad Mexican de Nomalizacion y
Certificacion, SC – NORMEX (Mexican Standards
and Certification Society). For more information,
please visit Normas Oficiales Mexicanas
www.economia-noms.gob or Servicio de
Admnistración Tributaria (SAT).
29. Antidumping & Fines
If U.S. Customs have reasons to doubt the truth or
accuracy of declared values they will look at
Automated Export System (AES) export filing and
will probably conduct an audit on the U.S.
exporter. If Mexican Customs is suspicious of a
product being undervalued they will check with
the U.S. seller. U.S. and Mexican Customs share
all information and Mexican Customs have offices
in the United States and can audit you too.
30. Your product may qualify to be non-dutiable but
it will be taxable. If a product is valued more than
USD 200, free, temporary shipment, going for
repairs, sample, bonded warehouse, duty
drawback, foreign trade zone, sold “on special
offer” or on loan, please make sure it is duly noted
in the INCOTERMS or somewhere in the
commercial invoice. If the U.S. export does not
have a legal presence, the importer of record pays
for the importation.
Antidumping & Fines
31. Antidumping & Fines
To avoid fines and having your shipment impounded,
avoid discrepancies between commercial invoices and
labels. TIP: If Mexican Customs seize your
merchandise because you over shipped less than 10%
than the declared value, you may be fined and get the
products back. If the discrepancy is for more than
10% of the declared value, you are likely to pay a hefty
fine and your products will be impounded –forever- by
the Mexican authorities.
32. Reporting Problems & Trade Agreements
Monitoring
While U.S. toy companies have not reported any
problems exporting to Mexico and enjoy no tariffs,
they can still encounter non-tariff barriers.
Companies that encounter problems exporting are
encouraged to report their problem to the
International Trade Administration’s Trade
Compliance Center. The U.S. Department of
Commerce working in conjunction with USTR and the
Commercial staff at Embassies abroad have resolved
numerous non-tariff trade barriers for U.S. companies
including issues pertaining to import licenses, safety
standards, and labeling requirements.
33. Reporting Problems & Trade Agreements
Monitoring
The Trade Compliance Center
(www.trade.gov/tcc) is your one-stop shop for
getting U.S. government assistance in resolving
the trade barriers or unfair situations you
encounter in foreign markets. Policy questions
related to this industry should be directed to the
toy industry analyst at Jamie.Ferman@trade.gov
or at 202-48-25783.