Abstract
Although Mexican anti-dumping and countervailing duty laws are similar in important respects to the unfair trade laws of Mexico’s North American Free Trade Agreement (NAFTA) partners, the United States and Canada, there are significant procedural and substantive differences. In light of these differences, and given that Mexico is one of the World Trade Organization’s (WTO’s) most frequent users of unfair trade laws (including at least twenty-five actions against United States producers in recent years), the subject warrants closer study and analysis by academics and practitioners alike. This article explores the subject of Mexican anti-dumping and countervailing duty laws in detail by discussing their origins and historical development, comparing them to their US and Canadian counterparts, and guiding the reader through the life cycle of Mexican anti-dumping and countervailing duty cases. It also analyses the various administrative and judicial review options, including NAFTA’s Chapter 19, along with relevant Mexican court, NAFTA binational panel, and WTO Dispute Settlement Body (DSB) jurisprudence.
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