Mexico
Regulations under the Foreign Trade Act

TITLE IV
UNFAIR INTERNATIONAL TRADE PRACTICES

ARTICLE 37. For the purposes of these Regulations:

I. Identical goods mean products which are alike in all respects to the product under investigation; and

II. Like goods mean products which, although not alike in all respects, are similar in their characteristics and composition, thus allowing them to fulfil the same functions and making them commercially interchangeable with those with which they are being compared.

ARTICLE 38. The margin of price discrimination of the goods shall be defined as the difference between their normal value and their export price, relative to the latter price.

ARTICLE 39. If the product under investigation consists of goods which are not physically identical with each other, the margin of price discrimination shall be estimated according to the type of goods, in such a way that the normal value and the export price utilized for each calculation correspond to comparable goods. In general, types of goods shall be defined according to the product classification recognized in the accounting information system of each exporting enterprise.

When the margin of price discrimination is calculated by type of goods, the margin for the product under investigation shall be determined as the weighted average of all the individual margins which have been estimated. This weighted average shall be calculated according to the proportion of each type of goods relative to the total volume of the product exported during the period of the investigation.

ARTICLE 40. As a general rule, both the normal value and the export price shall be calculated on the basis of the weighted average figures obtained for the period of the investigation.

When the normal value is determined on the basis of the prices to which Article 31 of the Act refers, they shall be weighted according to the proportion of each transaction relative to the total volume of sales in the country of origin or export to a third country, as appropriate.

If the normal value is established on the basis of the computed value, the production costs estimated for sub-periods within the period of investigation shall be weighted according to the production in each sub-period as a proportion of the total volume produced.

Export prices shall be weighted according to the proportion of each transaction relative to the total volume exported.

ARTICLE 41. When, in the judgement of the Ministry, the number of types of goods or the quantity of transactions to be investigated is exceptionally large, the margin of price discrimination may be determined on the basis of a representative sample. In both cases, the samples shall be selected in accordance with generally accepted statistical criteria.

ARTICLE 42. For the purposes of paragraph 2 of Article 31 of the Act, it shall be deemed that sales do not permit a proper comparison when they are not representative or their prices are not determined in the ordinary course of trade. As a general rule, the comparable prices of identical or like goods in the domestic market or, where appropriate, for export to a third country, shall be deemed to be representative when they account for at least 15 per cent of the total volume of sales of the goods subject to investigation.

ARTICLE 43. For the purposes of paragraph 2 of Article 32 of the Act, the requesting party must submit the information justifying the exclusion of the sales in question. In such cases, the Ministry may take into account the fact that, during the period of investigation, selling prices were exceptionally low or costs and expenses exceptionally high, due to factors of a transitory nature or the economic situation.

As a general rule, domestic sales for profit or similar export sales to a third country shall be deemed to be representative when they account for at least 30 per cent of the relevant market.

ARTICLE 44. Production costs, overheads and profit margins shall correspond to those obtained in the ordinary course of trade.

With regard to production costs, when the materials and components are purchased from suppliers who are related under the terms of Article 61 of these Regulations, the Ministry shall ascertain that the prices of such transactions are comparable to those of purchase transactions from non-related parties. If the buying price from related parties is lower than the price under purchase transactions with non-related parties, the former shall be replaced by the latter for the purposes of calculating production costs.

When purchases have been made only from related suppliers, the buying prices shall be compared with the prices at which the related suppliers have sold the same materials and components to non-related enterprises. If this second method is not practicable, the prices under purchase transactions with non-related parties shall be obtained by any other economic method of investigation and on the basis of known facts.

ARTICLE 45. For the purposes of these Regulations, the following definitions shall apply:

I. Direct costs and expenses mean those which are specific to the product under investigation;

II. Indirect costs and expenses mean those which are common to different products of the exporting enterprise including the product under investigation;

III. Fixed costs and expenses mean those which are incurred independently of production or sales; and

IV. Variable costs and expenses mean those which result from production and sales.

ARTICLE 46. For the purposes of subparagraph II of Article 31 of the Act, the following rules shall apply:

I. The cost of production shall include the cost of direct materials and components, the cost of direct labour and indirect manufacturing costs. Indirect manufacturing costs shall include:

A. The cost of indirect materials and components;

B. The cost of indirect labour;

C. The cost of energy, including electricity and fuel;

D. Depreciation of assets consumed in production; and

E. Other relevant indirect costs.

Production costs shall be determined from the weighted average cost incurred in all the factories of each exporter manufacturing the goods under investigation.

As a general rule, packaging costs shall be considered part of production costs;

II. Overheads shall be determined taking into account administration and sales, financial and other not directly attributable costs, including research and development and depreciation of assets not related to production;

III. Indirect costs and expenses shall be allocated proportionally to the product under investigation. In particular, the prorating methods shall allocate a proportional contribution of each of the indirect costs and expenses to the product under investigation. The Ministry shall reconcile the available accounting information in order to verify that, when the proportion allocated to the product under investigation is added to the allocations determined for products not under investigation, each of the indirect costs and expenses is totally or partly absorbed.

The allocation methods shall show a clear and reasonably verifiable relation between the cost or expense to be allocated and the basis of prorating applied;

IV. With regard to overheads which cannot be directly allocated to the product under investigation, when the available accounting information allocates parts of such expenses at departmental level and part at corporate level, both headings are prorated to the product under investigation, preferably on the basis of selling costs.

In the second case, the allocation of overheads to the product under investigation shall be equivalent to the average overheads for all products of the enterprise. For the purposes of this calculation, overheads shall be standardized in terms of selling costs. Average overheads shall be estimated by dividing overheads among selling costs, according to the figures reported in the financial statements of the enterprise. Overheads attributable to the product under investigation shall be determined by multiplying the resulting factor by the selling cost specific to that product;

V. Both production costs and overheads shall include all fixed and variable components.

Cost relating to idle factors of production shall be considered as fixed costs and, as appropriate, directly allocated to the product under investigation or apportioned to it;

VI. Depreciation charges shall include both depreciation of assets in use and depreciation of assets not in use;

VII. As a general rule, recovery of costs and expenses shall be deducted from the cost categories to which they relate;

VIII. Financial expenses shall be estimated net, excluding financial revenue not related to the normal activities of the enterprises, for example, permanent or long-term investments;

IX. All overheads recognized in the accounting period corresponding to the period of investigation shall be taken into account. However, they shall be prorated to the period of investigation in a proportional manner.

By way of exception to the foregoing rule, expenses recognized in an accounting period may be allocated over a longer period, when:

A. The nature of the expense in question justifies such a procedure; and

B. The Ministry has accounting information for prior years which allows the inclusion in the expenses of the period of investigation of a proportion of expenses previously incurred which should be allocated in a like manner;

X. The Ministry may exclude such overheads as may be of an extraordinary nature, meaning those which occur in a fortuitous or infrequent manner, essentially represent a loss of accounting capital and are not related to generation of income. This exclusion shall be considered as an exceptional case;

XI. As a general rule, the profit margin shall not be greater than that ordinarily obtained in the sale of products of the same generic category in the country of origin.

When the margin of price discrimination is estimated by type of product, for the purposes of calculating the profit margin, a generic category shall be deemed to be a type of product for which the normal value is determined by domestic prices. In particular the profit margin shall be estimated according to the weighted average profit margin for domestic sales used to establish normal values based on prices.

If this method is not applicable because there is no normal value by class of goods determined on the basis of prices, the generic category shall be deemed to be the first category of goods, according to the accounting information systems of the enterprise, which contains the product under investigation and for which there are profit figures.

When the accounting information available only reports profits at corporate level, the enterprise as a whole shall be deemed to be a generic category. In such cases, the profit margin for the product under investigation shall be equivalent to the average margin for all products of the enterprise. In particular, the average margin shall be calculated by dividing the profits, before direct taxation and distributions of the share of profits due to third parties, into the selling cost, in accordance with corporate data. The profit attributable to the product under investigation shall be determined by multiplying the resulting average margin by the selling costs specific to the said product.

The methods described in the foregoing paragraphs shall not be used when they result in a profit margin which does not reflect a long-term position, but a transitory effect or the economic situation. In such cases, the profit margin shall be calculated on the basis of additional financial information strictly related to the period of investigation; if the latter procedure is not satisfactory, the Ministry shall determine the profit margin by any other method of economic and accounting investigation, and on the basis of the facts of which it is aware;

XII. For the purposes of comparing the total of costs and expenses with domestic prices, and comparing the computed value with export prices, the Ministry shall take into account timing differences between production and the sales relating to them.

For the purpose of the aforementioned calculations, the Ministry shall admit as valid such generally accepted accounting principles as apply in the country of origin, provided that they do not contravene legislation on unfair international trade practices and other applicable legal provisions.

ARTICLE 47. In the case of trading enterprises, the buying cost shall be taken as the cost of production. Under the terms of the first paragraph of Article 44 of these Regulations, the selling cost shall be determined in the ordinary course of trade. Purchases by trading enterprises shall be considered as such when they do not involve losses for the supplying enterprises, i.e. purchases are at prices exceeding production cost plus the overheads of the suppliers. The Ministry shall verify the production costs and suppliers' overheads before making the comparison.

When the purchases by trading enterprises which generate profits for the suppliers are representative, the production cost for the former shall be calculated on the buying cost recorded during the period of investigation. Alternatively, the production cost shall be estimated according to the computed value determined by the Ministry for the supplier enterprises. For the purposes of calculating overheads and the profit margin, the proportions derived at enterprise level shall apply to actual buying costs.

When the trading enterprise is located in a country other than the country of origin of the goods, the production cost shall be the cost incurred in the country of origin, plus all costs and expenses involved in transporting and importing the goods from the country of origin to the country of consignment. In such cases, the overheads and profit shall be that of the country of consignment.

ARTICLE 48. For the purposes of Article 33 of the Act, centrally planned economies shall be deemed to be those where, subject to contrary evidence, the majority of enterprises are, wholly or partly, owned by the State, and where operating criteria, including prices, production, investment programmes and levels of employment, are under the direct control of the Government.

A substitute country means a third country with a market economy similar to the exporting country with a centrally planned economy. The similarity between the substitute country and the exporting country shall be defined in a reasonable manner, so that the normal value in the exporting country, if it does not have a planned economy, may be estimated on the basis of the domestic price in the substitute country. In particular, in selecting the substitute country, account shall be taken of economic criteria such as the cost of factors used intensively in production of the product subject to investigation.

The product on the basis of which the normal value is determined must originate in the substitute country. When the normal value is determined according to the export price in a substitute country, that price shall be related to a market other than Mexico. If there is no substitute country with a market economy in which goods are produced identical or alike to those exported by the country with a centrally planned economy, the Mexican market itself shall be deemed to be a substitute country.

ARTICLE 49. When, under the terms of the second paragraph of Article 34 of the Act, the normal value is determined on the basis of the market price in the country of origin, the export price shall be established on the same basis.

ARTICLE 50. When the exporter and importer are related in any of the ways to which Article 61 of these Regulations refers and there are compensatory arrangements between them, the export price shall be calculated in accordance with the provisions of Article 35 of the Act.

In that case, all costs incurred between export and resale shall be deducted, including payment of taxes and tariffs in the importing country, and profit margins on import and distribution.

ARTICLE 51. In cases where the normal value is determined on the basis of the prices to which Article 31 of the Act refers, the prices actually paid or payable by the purchaser shall be used, including discounts on list prices, rebates and refunds. The same rule shall apply in calculating export prices to Mexico. This is determined independently of the quantity adjustment to which Article 55 of these Regulations refers.

ARTICLE 52. In addition to the adjustments to which Article 36 of the Act refers, differences relating to levels of trade shall also be adjusted to the extent they have not otherwise been taken into account.

ARTICLE 53. For the purposes of the provisions of Article 36 of the Act, the adjustments for differences in terms and conditions of sale shall be applied both to the normal value and the export price. Adjustments for differences in quantity, physical differences and differences in tax charges shall apply exclusively to the normal value.

ARTICLE 54. Differences between the normal value and the export price with regard to terms and conditions of sale shall be justification for adjustment provided that such differences are directly related to the markets under investigation. The adjustable expenses must be related to sales and form part of the selling price. Admissible adjustments include the following categories:

I. Packaging charges;

II. Transport charges, including freight and insurance, handling outside the factory, harbour dues and customs duties;

III. Cost of credit;

IV. Commission payments; and

V. Payments for after-sales services such as technical assistance, maintenance and repair.

Salaries paid to salesmen shall be subject to adjustment to the extent that they are variable costs of the enterprise and are analogous to the payment of commissions.

The amounts remaining after the foregoing adjustments have been made shall correspond respectively to the normal value and the export price.

As a general rule, adjustments shall not be made for differences relating to expenses of a general character, including those for research and development.

ARTICLE 55. The Ministry shall adjust the normal value for differences in quantity with respect to the export price in accordance with the following criteria:

I. When prices vary inversely to the quantities sold, whether in terms of individual transactions or volumes accumulated by the customer, both the normal value and the export price shall be calculated on the basis of transactions for similar quantities. In such cases, the margin of price discrimination shall correspond to the weighted average of the margins specific to each level;

II. When the prices vary inversely to the quantities sold, whether in terms of individual transactions or volumes accumulated by the customer, and certain domestic sales are not for quantities similar to those of export sales, the normal value shall be calculated on the total of domestic sales, after the differences among domestic prices due to quantity differences have been offset. In particular, prices of domestic sales not comparable to export sales shall be brought into line with prices of comparable domestic sales by adjusting the difference between them;

III. When the exporter requests that the adjustments provided in either of the two foregoing subparagraphs be taken into account, the following rules shall apply:

A. Domestic sales comparable to export sales must be regular and representative of the market of the country of origin. For the purposes of this Article, regular sales shall mean those which have been made recurrently during the period of investigation; and

B. The model of prices differentiated by quantity shall be drawn up in a consistent manner, therefore, domestic sales during the period of investigation whose prices are inconsistent with this model shall not be taken into account.

When the methods of adjustment for quantities provided in subparagraphs I and II of this Article are not practicable, the Ministry shall make the adjustment in accordance with the facts known to it and on the basis of available information.

ARTICLE 56. When the prices vary according to the physical characteristics of the goods sold, and certain goods sold in the country of origin are not physically identical to the goods exported, the normal value shall be calculated on the total of domestic sales, after the differences among domestic prices due to physical differences between the goods have been offset. As a general rule, prices of domestic sales which are not comparable to export sales shall be brought into line with prices of comparable domestic sales by adjusting the difference among the variable production costs for both types of goods.

Likewise, as a general rule, when prices vary according to the physical characteristics of the goods sold, and none of the goods sold in the country of origin are physically identical to the goods exported, the prices of the domestic goods shall be brought into line with the prices of export sales by adjusting the difference among the variable costs of production for both types of goods.

Generally, goods shall be deemed to be physically different when the accounting information systems of each enterprise classify them under different product codes.

ARTICLE 57. When the tax charge on goods sold in the country of origin is different from that on export goods, the prices of domestic sales shall be brought into line with prices of export sales by adjusting the difference between both tax charges. Adjustable levies shall be restricted to indirect taxes and import taxes. Indirect taxes may be adjusted on both identical or like goods sold in the country of origin and on national inputs incorporated in them. Import taxes may only be adjusted in relation to imported inputs incorporated in the identical or like goods sold in the country of origin.

ARTICLE 58. The effects of inflation on the information which serves as a basis for determining the margin of price discrimination shall be adjusted in accordance with generally accepted economic and accounting methods.

For the exchange of foreign currency, the applicable rate of exchange shall be that in effect on the date when the transaction in question took place.

ARTICLE 59. The Ministry shall establish through the appropriate investigation procedure that determination of the injury or threat of injury to which Article 39 of the Act refers is based on the minimum analysis of all the elements to which Articles 41 and 42 of that Act refer. The investigating authority shall under no circumstances determine the existence of injury in accordance with the civil law.

ARTICLE 60. The requesting parties referred to in Article 50 of the Act shall demonstrate that they represent at least 25 per cent of the domestic production of the goods in question. However, when certain producers are related to exporters or importers or are themselves importers of the product under investigation, the term "domestic industry" may be considered as referring to at least 25 per cent of the rest of the producers. In any case, the applicants shall submit the required information on domestic production as described in Article 63 of these Regulations.

ARTICLE 61. In determining whether producers are related to exporters or importers, the Ministry shall use criteria generally accepted by national legislation and international practice. For this purpose, the Ministry shall take into account the following considerations:

I. Whether they are officers or directors of one another's businesses;

II. Whether they are legally recognized partners in business;

III. Whether they are employer and employee;

IV. Whether any person directly or indirectly owns, controls or holds 5 per cent or more of the issued voting stock, shares, securities or bonds of both of them;

V. Whether one of them directly or indirectly controls the other;

VI. Whether both of them are directly or indirectly controlled by a third person;

VII. Whether together they directly or indirectly control a third person; or

VIII. Whether they are members of the same family.

The foregoing shall apply whenever there are grounds for presumption that the effect of the relationship is such as to motivate the producer concerned to behave differently from non-related producers. A person shall be deemed to control another when the former is legally and actually in a position to restrict or direct the latter.

ARTICLE 62. For the purposes of the second paragraph of Article 40 of the Act:

I. To be deemed representative of the domestic industry and to have capacity to act as requesting parties producers must demonstrate that the relationship does not and will not have the effect of restricting competition, or where they are themselves importers of part of the products under investigation, that their imports are not the cause of distortion in domestic prices or the cause of the alleged injury; and

II. All manufacturers of goods produced during the stage immediately preceding in the same continuous line of production of the goods identical or alike to the goods imported in circumstances involving price discrimination or subsidies, may also be deemed representative of the domestic industry when:

A. As a result of the relationship the interests of the related producer or the producer-importer coincide in such a way with those of the exporters or importers that these producers accept or encourage imports under conditions of price discrimination or subsidy and, thus, would not submit a request for investigation into unfair practices;

B. The product produced at the stage immediately preceding manufacture of the goods identical or alike to the imported product is a raw material of agricultural origin and is a principal input of the product in question; and

C. The input of agricultural origin is used in the same continuous line of production of the processed product and is utilized almost entirely for the production of the processed product.

The application of this provision shall be consistent with Mexico's obligations under international treaties or conventions.

ARTICLE 63. In order to determine the existence of injury, the Ministry shall evaluate the impact of the imports under investigation on total domestic production, or on those domestic producers whose collective output constitutes a major proportion of total domestic production of the product in question.

If the requesting parties do not represent the whole of domestic production, they must submit to the Ministry, using the prescribed questionnaire, information on total domestic production provided that the required figures are reasonably available to them. In any case, the request must include a reliable estimate of the figures for the total domestic production concerned together with an indication of the methodology used.

The Ministry shall satisfy itself that the corresponding determination of injury is representative of the situation of domestic production as a whole. For that purpose, the Ministry shall obtain the necessary information from domestic producers who are not requesting parties who shall submit to the Ministry any information that is requested from them.

ARTICLE 64. For the purposes of Article 41 of the Act, the Ministry shall take into account:

I. With regard to the volume of imports under investigation, whether there has been a considerable increase in such imports in absolute terms or in relation to domestic production for the domestic market or internal consumption in the country. The Ministry shall assess whether the imports under investigation are competing in the domestic market to serve the same markets or the same actual or potential customers of domestic producers and whether they are utilizing the same distribution channels;

II. Concerning the effects of imports subject to investigation on domestic prices:

A. The pattern and trend of prices of the imports under investigation shall be analysed, to determine whether they show a reduction in the period under investigation compared with prices in comparable periods, or whether they are lower than other products which are not imported under conditions of price discrimination or subsidy;

B. Whether there is a significant correlation between the reduction in prices of the imports and the growth in quantities imported;

C. Whether the imports under investigation have a selling price considerably lower than the comparable selling price for the like domestic product;

D. Whether the effect of the imports under investigation is to depress domestic prices or else to prevent the reasonable increase which would otherwise have occurred; and

E. Whether the price-level at which the imports under investigation are competing in the domestic market is the determining factor in explaining the pattern and share of those imports in the domestic market;

III. With regard to the effects of the imports under investigation on domestic production of identical or like goods, an evaluation shall be made of the operations of the industry in Mexico. This evaluation shall include the impact of the quantities and prices of the imports under investigation on all the relevant economic factors and indicators which influence the state of the industry concerned, such as:

A. The actual and potential reduction in production and employment, domestic sales, market share, productivity, utilization of installed capacity and real or potential increase in inventories;

B. The factors affecting domestic prices such as conditions or terms of sale; and

C. Actual or potential negative effects of the depressing or suppressing of domestic prices and sales on profits, cash flow, return on investment, salaries, capacity to attract capital, investment and growth in production; and

IV. Other elements that it may consider appropriate concerning economic factors or indicators relevant to the industry in question and not mentioned in the foregoing paragraphs. In this case, the Ministry shall identify such factors and explain their significance to the case concerned.

ARTICLE 65. The Ministry shall evaluate the economic factors described in the preceding Article in the context of the economic cycle and conditions of competition specific to the industry affected. For that purpose, the requesting parties shall submit information on the relevant factors and indicators and characteristics of the industry covering at least the three years preceding the submission of the request, including the period under investigation, unless the enterprise concerned had not been established for the whole of this period. In addition, domestic producers making a request or the organizations representing them shall submit economic studies, case studies, technical literature and national and international statistics on the performance of the market concerned, or any other documentation permitting identification of economic cycles and conditions of competition specific to the industry affected.

ARTICLE 66. The effect of imports subject to unfair practices shall be evaluated in relation to domestic production of the identical or like product when the available data allow its separate identification on the basis such criteria as the production process, sales by producers and their profits. If it is not possible to identify production separately, the effect of such imports shall be assessed by analysing production of the narrowest group or range of products which includes the identical or like product for which all the necessary information to show injury can be provided.

ARTICLE 67. In order to determine injury, when imports of a product from more than one country are simultaneously subject to investigation for unfair international trade practices, the Ministry shall cumulatively assess the volume and effects of such imports, provided that the imports from the countries under investigation compete amongst themselves and with products identical or alike to those imported which are manufactured in Mexico.

The Ministry need not cumulatively assess the effects of imports of specific origin if such imports are not significant and do not have any identifiable adverse effect on domestic production. In order to determine this, the Ministry shall analyse the pattern of such imports and shall take into account the following relevant economic factors:

I. Whether the rate of growth of the volume and share of the imports under analysis in the domestic market shows any sign of sustained increase during the period under investigation or whether there is any real probability that it will increase in the immediate future;

II. Whether sales of the imported product, from the country in question, in the domestic market are isolated and intermittent; and

III. Whether, given the nature of the product under investigation and the specific characteristics of the domestic market, the presence of such imports has any identifiable effect on domestic prices or the factors which affect the prices of the domestic product and the conditions of the domestic industry producing the identical or like product.

ARTICLE 68. For the purposes of Article 42 of the Act, the Ministry shall take into account:

I. Whether there is a high rate of growth of the imports under investigation in the domestic market pointing to a well-founded probability that there will be a significant increase in such imports in the immediate future. Likewise it shall be determined whether the growth of such imports results in increased and sustained growth of the share of such imports in the domestic market and the well-founded probability that market share indicators will rise to a level which may injure the domestic industry. For this purpose, the Ministry shall consider, among other factors, whether the imports under investigation are competing in the domestic market to serve the same markets or the same actual or potential customers of domestic producers and whether they are utilizing the same distribution channels;

II. The freely disposable capacity of the exporter or an imminent and substantial increase therein pointing to the well-founded probability of a significant increase in exports to the Mexican market under conditions of price discrimination or subsidy, taking into account the availability of other export markets to absorb any increase in such exports;

III. Whether the imports under investigation are entering at prices such that they have a significant depressing or suppressing effect on domestic prices. Likewise, it shall be determined whether there is a real probability that the prices of the imports under investigation will significantly increase the demand for further imports. In that case the factors that affect domestic prices shall be taken into account, including changes in conditions or terms of sale to certain customers as a direct consequence of the imports under investigation;

IV. Inventories of the product under investigation in the domestic market;

V. Where applicable, the expected return on potential investment. Investment projects must be related to the production line of the product under investigation. The domestic producers concerned shall submit economic and financial studies supporting the viability of the project, and financial models which show the negative effects of the imports under investigation on the expected profitability; and

VI. Any other demonstrable economic trend leading to the conclusion that unfair practices relating to imports will injure the domestic industry. In determining the threat of injury, the generally accepted methods available shall be used.

ARTICLE 69. The Ministry shall also examine known factors other than the imports under investigation, which are simultaneously affecting domestic production, in order to determine whether the alleged injury or threat of injury is caused directly by such imports. Factors which the Ministry may evaluate shall include the following:

I. The volume and prices of imports which are not subject to price discrimination or subsidy;

II. Contraction of demand or changes in patterns of consumption;

III. Trade-restrictive practices of foreign and domestic producers, and competition between them; and

IV. Technological developments, productivity and export performance.

I. In the case of a foreign exporter or importer of the product in question:

A. To examine or consider his individual margin of price discrimination, and

B. If appropriate, to modify or eliminate the countervailing duty;

II. If the requesting party is a national producer:

ARTICLE 108. The ex officio review may be initiated at any time. The resolution initiating the review shall contain the information indicated in Article 80 of these Regulations, shall be published in the Diario Oficial de la Federación and shall be notified to the interested parties.

ARTICLE 110. Undertakings by foreign exporters and, in the case of subsidies, by representatives of foreign governments, to which Article 72 of the Act refers, may be submitted for consideration by the Ministry at any time during the proceedings and until the close of the respective period for the examination of evidence.

ARTICLE 111. The undertakings to which this Chapter refers shall be presented in writing, by the foreign natural or legal persons who are duly accredited to the Ministry in the administrative investigation or in the corresponding review procedure. If the undertaking is presented by the representative of the foreign exporter or government, a special warrant or any other equivalent legal instrument shall be required, without which the request shall not be admitted.

ARTICLE 112. Interested foreign exporters or governments may submit for consideration by the Ministry undertakings which would have the effect of eliminating price discrimination or subsidies and the injury or threat of injury caused to domestic industry. Consequently, the undertakings may consist of:

I. If the request is withdrawn prior to publication of the resolution to initiate the investigation, the investigating authority shall declare the investigation void on grounds of withdrawal, and shall publish the corresponding notice in the Diario Oficial de la Federación, and

II. If the request is withdrawn after publication of the resolution to initiate the investigation, the withdrawal may only take effect when the importers or foreign exporters and, in the case of subsidies, representatives of the foreign governments, give their consent in writing to the Ministry. In that case, the Ministry shall declare the investigation terminated, and shall publish the corresponding notice in the Diario Oficial de la Federación.