Mexico and China have entered into an agreement that obligates Mexico to repeal the antidumping duties assessed by Mexico on imports of certain Chinese goods by October 15, 2008 and on other Chinese goods by December 11, 2011. 

For goods on which Mexico must eliminate antidumping duties by December 11, 2011, the agreement allows Mexico to enact transitional measures to eliminate the duties over a four-year phase-in period.  The transitional measures apply to goods in the harmonized system numbers that include textiles, apparel, footwear, toys, bicycles, tools, chemical products, valves, and locks, among others.

We have been in contact with reputable Mexican customs attorneys who believe that the enactment of the transitional measures could be challenged by importers of Chinese goods to Mexico as unconstitutional through the filing an amparo proceeding against the Mexican Government.  If an importer were to win such a proceeding, the chief benefit would be that the importer would be required to pay only the general tariff corresponding to the imported goods, and not the antidumping phase-in duties, on all of its imports to Mexico of Chinese goods encompassed within the judgment issued in the proceeding.

A copy of the agreement, which was published in the Official Federal Daily on October 14, 2008, is available here.