On May 28, 2026, the “AGREEMENT AMENDING THE VARIOUS PROVISIONS BY WHICH THE MINISTRY OF ECONOMY ISSUES GENERAL RULES AND CRITERIA REGARDING FOREIGN TRADE,” which establishes new control measures applicable to the definitive importation of certain goods related to sugar and food preparations containing sugar.
Main amendments:
1. Creation of Section 8 TER of Annex 2.2.1
New goods subject to the requirement for prior import authorization from the Ministry of Economy are added, applicable only to transactions under the permanent import regime.
Among the tariff subheadings subject to this measure are:
- 1701.12.05
- 1701.13.01
- 1701.14.91
- 1701.91.04
- 1701.99.99
- 1702.90.01
- 2106.90.99
The latter specifically covers food preparations consisting essentially of sugar mixed with secondary products or substances, such as activated carbon or similar substances.
2. Inclusion of Rule 2.2.19 BIS
New Rule 2.2.19 BIS is added, which governs the procedure and requirements for obtaining prior import authorization.
The rule establishes various relevant definitions, including:
- Sugar for direct consumption
- Sugar not suitable for consumption
- Certification Report or Compliance Report
- Accredited laboratory
- Food preparations
Requirements for Obtaining the Permit
Applications must be submitted through the Ventanilla Digital Mexicana de Comercio Exterior (VUCEM), providing information such as:
- Tariff heading and NICO
- Quantity to be imported
- Value and unit price
- Description of the goods
- Country of origin
- Number and validity of the Attestation Report or Compliance Report
In addition, the certification report or compliance report issued by CENAM or by accredited laboratories must be attached.
Required technical information
The report must contain detailed technical information about the product, including:
- Degree of polarization
- Sucrose content
- Presence of other sugars
- Additives and other components
- Moisture and ash content
- Microbiological analysis
In the case of goods classified under subheading 2106.90.99, the following must also be determined:
- Whether the components can be separated by physical or physicochemical processes;
- The actual technological function of the components;
- And whether or not such components alter the essential character of the sugar.
CONADESUCA’s Involvement
Prior permits will be authorized by the General Directorate of Trade Facilitation and Foreign Trade (DGFCCE), subject to a positive opinion from the National Committee for the Sustainable Development of Sugarcane (CONADESUCA).
Validity of Permits
Prior permits shall be:
- Nominative,
- Non-transferable,
- Non-extendable,
- And shall be valid for 90 calendar days from the date of authorization.
Background of the Measure
The authority notes that these changes are in response to the significant increase in sugar imports and the detection of operations involving mixtures of sugar and other substances that could be used to circumvent tariff regulations or improperly obtain preferential treatment.
Entry into Force
The agreement will enter into force once the Digital Portal enables the corresponding procedure. The Ministry of Economy will subsequently publish a notice on the SNICE website indicating the date on which the procedure will become available.
Recommendation
- Importing companies are advised to review:
- The applicable tariff classifications;
- The technical composition of their goods;
- The required laboratory documentation;
- And their internal compliance processes, in order to anticipate potential operational and regulatory impacts on their permanent import operations.
J.A. DEL RÍO offers a wide array of specialized consulting services to assist you with these and other matters, in order to ensure that your project complies with the applicable characteristics contained in this agreement.
If you have any questions, J.A. DEL RÍO can provide you with our experts to advise in matters concerning compliance with your legal and tax obligations. Once again, please let us know if we may be of any further assistance to you at: contacto@jadelrio.com.
