Monterrey NL The Ministry of Economy canceled the programs of 127 companies in the Manufacturing and Maquiladora Industry and Export Service (IMMEX), during 2021, of which Nuevo León ranked second with 13% of total casualties, while Tijuana had the highest percentage, with 20%, commented Juan Carlos Ramos, Foreign Trade partner of the Customs services consultancy Selecen.
He explained that on October 8 the Ministry of Economy published in the Official Journal of the Federation (DO), the list of 127 IMMEX companies canceled due to failure to present the Annual Report of Foreign Trade Operations (RAOCE) corresponding to 2020, and those that did not comply with any of the requirements stipulated in article 11 section III of the IMMEX Decree, which were definitively canceled as of September 1 of this year.
Of the 127 companies reported, 92 did not present the RAOCE, and 35 did not meet the requirement of the IMMEX Decree. “This means that companies lose the benefit of the IMMEX program, and will not be able to import under the temporary regime.”
“There will be companies that will think that it does not affect them since they were importing in a definitive regime with key A1 requests. The reality is different, companies that no longer have the IMMEX program are also at risk of losing the registry of the Importers Register, that is, they will not be able to carry out import operations either.
The Ministry of Economy Federal obtains this information and validates these items, by reconciling the data with the Service tax administration (SAT) and verify them according to Federal Register of Causers (RFC).
The companies of the IMME programX that have been canceled, They will have 60 calendar days to return the imported goods under the previous IMMEX program or make changes to the regime of said goods (merchandise and fixed assets).
The foregoing would have an economic impact on companies by making the payment of contributions according to the calculation and according to the liquidity or solvency of the company.
In case of not carrying out this process, the merchandise would be in Mexico with the status of illegal, which could be classified as contraband, since by not being able to verify the legal stay in the country of said goods, they could be seized in favor of the public treasury.
“There will be 60 days as established by the IMMEX Decree in its article 28, to carry out said self-correction process, which implies making an analysis of the goods that are with an open balance, in accordance with the temporary inventory control system called (Annex 24), and said result or download of the inventory report should be considered for the payment of contributions ”, emphasized Juan Carlos Ramos.
He concluded that the companies that are in this situation will be able to return the goods abroad, “but let’s be honest the logistics costs in the returns are not very viable and the goods that are in the plant are intended to produce manufactured goods.”
An alternative, he said, is to request an extension of the term (180 calendar days) for the one-time self-correction, which must be presented to the authorities within 60 calendar days, for them to consider it for approval.
Reference-www.eleconomista.com.mx