Customs Clearance in Mexico for s shipping service...

Customs Clearance in Mexico for s shipping service...

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Hello,

I find this thread very useful http://www.mexconnect.com/articles/18-common-questions-asked-mexican-customs but there's one aspect that I would like to find out about and it's killing me because eI can not find it anywhere! Please help.

I need to know what 'type of duties' or 'taxes' (percentage approximate) I would have to pay if I import a container to Mexico and it has the following characteristics:

- I am providing a shipping service from Canada to Mexico (I'm sure the importing regulations are similar, or a little harsher, than if it was from the US)
- I'm filling up a container with boxes that belong to different people.
- The boxes contents and greatly varied (used, non used, canadian, non canadian)
- The boxes contents would of course exclude any prohibited items.

My question are:

- How is the merchandise considered since I won't re-sell it? I'm just transporting it. I was told it's considered commercial because I would do it often, but I wonder how is that taxed differently...
- Will I have to pay import duties of up to 20% (just as it's done for many non-nafta exempted items) or is that waived/reduced because the merchandise is not for re-sale? just transportation...

Thank you so much in advance!

PD. I know a mexican customs agent can tell me this, but it's terribly difficult to get an answer from them before they ask you to send them your shipment info for them to give you a quote...

stevebrtx

Mar 2, 2012, 5:15 AM

Post #2 of 22 (3174 views)

Re: [obli] Customs Clearance in Mexico for s shipping service...

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I'd suggest you hire a consultant that is competent in such things, money will get you answers - not necessarily what you want to hear or even what is the whole picture, but it's a start. Typically a MXN national with connections is probably the best bet because they know how the system actually "works" not how it's portrayed.
http://www.chapalaweather.net

Mar 2, 2012, 6:43 AM

Post #3 of 22 (3144 views)

Re: [obli] Customs Clearance in Mexico for s shipping service...

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Since the value of a container of goods will be over $3,000 USD, you will need a broker.** The broker will require an inventory list. Steve is right, submit your list to your broker, and ask their opinion. 15% is the standard duty for non-commercial personal routine items.

**For other readers thinking about bringing in a load, if the OP was bringing in their 1 load of exempted household goods within 6 months of the issue of a No Inmigrante ("FM3 visa") using a Menaje de Casa, OR if you have a Mexican spouse and were bringing in a load under the Paisano program, then you would not need a broker.
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Read-on MacDuff
E-visit at http://yucalandia.com

(This post was edited by YucaLandia on Mar 2, 2012, 6:56 AM)

CanuckBob

Mar 2, 2012, 7:05 AM

Post #4 of 22 (3130 views)

Re: [obli] Customs Clearance in Mexico for s shipping service...

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I highly recommend speaking with either a Mexican customs broker or an international customs broker like Kuehne & Nagel or Schenkers. You certainly don't want to build your business model from opinions on a forum........

Buena suerte

Bob
Inside Lakeside
http://www.insidelakeside.com

Mar 2, 2012, 7:08 AM

Post #5 of 22 (3126 views)

Re: [obli] Customs Clearance in Mexico for s shipping service...

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I have got to tell you what you have told us so far has trouble written all over it. It is not Customs who are the problem, they are mostly doing their job - and the most important things to remember for them is a) all official business must be in Spanish and b) they are not allowed to change a single letter or number, even if it means hours of delay for the both of you. You have to hire a Customs Broker - and they are downfall of the whole system in Mexico. They actually have more powers than a lawyer would have representing you in court - and you will pay dearly for their involvement. The big, mostly honest ones will not represent you - you are too small - especially if you don't even have an R.F.C. number. This leaves the hangers on who are mostly weasels out to cheat you out of every peso.

Your only hope would be a company, http://www.estafetausa.com/, who will be able to consolidate shipments for you in Texas. Everytime you send them for the consolidation, you will have to ask them first is this is possible to be shipped into Mexico. Estafeta has an excellent reputation in Mexico, and another freight consolidator Merkalink uses them all the time.

Mar 2, 2012, 7:10 AM

Post #6 of 22 (3124 views)

Re: [CanuckBob] Customs Clearance in Mexico for s shipping service...

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No opinions here - just information from current** Aduana websites.

**As Rolly has described, it takes substantive effort to track and log the addresses of ever-changing Aduana sites - so, I respect the efforts of people who keep their websites updated with current working links. For that reason, I did not include any links in my prior post - because it might not work next week.

Sculptari,
The OP describes bring in a shipping container. I thought that customs brokers handle containers? (*opinion*)
I'll add my voice to the chorus for Estafeta. We've happily used Estafeta for years.
steve
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Read-on MacDuff
E-visit at http://yucalandia.com

(This post was edited by YucaLandia on Mar 2, 2012, 7:14 AM)

Mar 2, 2012, 7:50 AM

Post #7 of 22 (3100 views)

Re: [YucaLandia] Customs Clearance in Mexico for s shipping service...

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Yes the OP wants to start a freight consolidation business based out of Canada. Filling a shipping container with different peoples goods, then unpacking in Mexico. If only one item is out of line (Aunt Mildred's prized ivory dagger), the customs broker is held professionally responsible. For that reason, every customer must be checked out thoroughly, with mountains of paperwork, regularly inspected by customs. In the end, the one who put together the container would take the heat. Now also get this -unique to Mexico, you have five working days to clear the goods, after that a series of ever increasing, punitive fines begins, after ten days all the goods are seized, and then sold at auction in two years time.

Mar 2, 2012, 8:05 AM

Post #8 of 22 (3088 views)

Re: [Sculptari] Customs Clearance in Mexico for s shipping service...

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Sculptari,
Good points. Are the Aduana penalties for goods taking more than 5 days to clear customs applied every time? My wife's University group has had more than a few things held in Mexico's Aduana's office for more than 5 days over the past 20 years, and we have had friends with containers held at the Progreso port for more than 5 days, and there were no penalties assessed.

Is this some new requirement in the last month? A friend's car was released just last month, after being held for a month, and there were no penalties assessed.
steve
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Read-on MacDuff
E-visit at http://yucalandia.com

Mar 2, 2012, 9:14 AM

Post #9 of 22 (3063 views)

Re: [YucaLandia] Customs Clearance in Mexico for s shipping service...

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Definitely within the last couple of months in Manzanillo. This was Japanese auto parts - an extremely touchy category in Mexico right now. Importers can put together a container full of salvage auto parts in Japan, bring it to Mexico, and sell them for less than Mexican made new parts. Up to three quarters less than the dealer's price.

stevebrtx

Mar 2, 2012, 11:20 AM

Post #10 of 22 (3034 views)

Re: [Sculptari] Customs Clearance in Mexico for s shipping service...

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Over the past 4.5 years I've read, and heard, numerous horror stories about people moving here with containers of personal possessions which were essentially ramsacked, some items taken, some destroyed etc. and these were just people's personal stuff.

The biggest lesson you can learn about MX is that they go to any length to put up the wall and protect themselves and their own and if you don't want to accept and play by those rules - you'll be screwed BIG TIME. Now, with someone who knows the system and is a national, might work. But, to be honest today I don't think I'd write a business plan on bunches of Canucks moving to MX, maybe to FL etc, but I'm seeing the opposite, those here are leaving for the summer and forgetting to come back.
http://www.chapalaweather.net

Mar 2, 2012, 12:45 PM

Post #11 of 22 (3011 views)

Re: [stevebrtx] Customs Clearance in Mexico for s shipping service...

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Yes - and even if you have enough Spanish to complain, you will be dismissed, as I was, "You are a foreigner here and have absolutely no rights whatsoever". Another company I know has set up some special arrangement under the maquiladora tax system - the government has streamlined a number of rules and simplified paperwork - but the business still has to pay the Mexican Custom Broker $600 U.S. every time he makes a shipment North - this is before it even reaches the U.S. border.

Big companies who are able to attract the big time lawyers/brokers such as those CB mentioned do just fine.

obli

Mar 2, 2012, 9:11 PM

Post #12 of 22 (2954 views)

Re: [Sculptari] Customs Clearance in Mexico for s shipping service...

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Thank you so much all for answering.

@stevebrtx: It's definitely a good point to consult with a local, which is what I'm trying to do now. As for the horror stories, I would like to imagine (not that it's nice for anyone) that they do it to those that are one-time movers, and personnel (customs or whoever does it!) think they can get away with it easier as the newbies seem "inexperienced" by the looks of their paperwork, broker's opinion about them (I'm sure the brokers go tell the thieves who can be an easy prey or not, etc). I think it's a gamble anyway whether you are robbed or not.

@ Yucalandia: Yes, I have to go through a broker for sure eventually. What I need to do now is to MAKE UP a list for them to give me information I guess (?), because I don't have a full container ready to be shipped yet, so there's nothing to base an estimate and opinion they can give me...And I don't want to have a full container in front of me if I don't know what awaits fore me obviously... I'm a mexican national also (don't hate me ;)), so If I do my first shipment as a 'personal move,' it would be considered a 'move back home allowance;' not sure whether a broker has to be involved in this case...? I'm thinking if pretending to move is safer off, but at the same time I'm concerned they will see that my "moving" doesn't look like a moving after all, with a bunch of nearly same-sized boxes... and... fine me big time!

'15% is the standard duty for non-commercial personal routine items.' This is non-commercial, yes, but would they consider it personal if I'm actually providing a shipping service...?

@ Sculptari: Spanish is not a problem and I could have an R.F.C. (actually my mother lives there and has one already). The key is not to make a mistake with the paperwork (what is this paperwork anyway!? apart from the detailed list and value of freight, export declaration, and the 4-6 documents the brokers requires about the company legitimacy, power of attorney, etc.?), otherwise the broker would take advantage for helping you with little things that could have been anticipated (I'm speculating this). Or what do you mean by 'pay dearly for their involvement?' Their involvement to solve issues for you or to clear the container when everything looks fine? Would it be safe to think that their price for just clearing the container could/should be competitive with other brokers...?

As for ESTAFETA, consolidating in Texas is not an option (I mostly suppose), I'm in Montreal and would be renting the whole container for my cargo. This way, I don't have to worry about the weight. I'm pretty sure ESTAFETA works from here so I will definitely give it a shout!

'If only one item is out of line' what do you mean by this? an ilegal piece of merchandise?
'mountains of paper work' is this paperwork the one I have to prepare or the one caused by the 'out of line item'?
'5 days to clear the goods' I was advised to have everything ready so that when the container arrives it clears rapidly. I can only hope, since I'm not bringing touchy parts (like the japanese parts), that they won't care much about my container...

@ Everyone!: I know this is just a forum and I won't go build up my business based on this, but some pieces of information here are always great to consider; something I won't be told from a broker.

I have a CANADIAN COMPANY (business number) registered for the business to operate. I also have the option to have a Mexican company through my mother for the importing business to operate (properly registered in 'el padron de importadores').

Question:

I wonder what would be better: 1) To open up a Canadian branch of my business there (for it to receive the cargo, or 2) to use the mexican business as the one importing the cargo.... To me it makes more sense to have the branch, as it would be just one company operating the service and being taxed.

SORRY to throw a bunch of things at you! I hope you have patience on the topic. And please keep scaring me! This is good real stuff!

J

mazbook1

Mar 2, 2012, 11:41 PM

Post #13 of 22 (2943 views)

Re: [obli] Customs Clearance in Mexico for s shipping service...

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For goodness sake, use the Mexican company! To bring in such large quantities of stuff you must be registered as a "padrón de importadores". Otherwise you would not only have to pay a customs broker, you would have to pay someone with that particular registration to bring the stuff across the border for you. Been there, done that, and it was darn expensive for a pickup load of books that had NO Mexican duty or Mexican tax of any kind to be paid. All the costs were for the customs broker and the guy with the padrón de importadores registration and that added almost $2 USD PER BOOK to my cost per book! Bad experience.

Mar 3, 2012, 6:46 AM

Post #14 of 22 (2911 views)

Re: [obli] Customs Clearance in Mexico for s shipping service...

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Oh, you speak Spanish - excellent - here are the documents a resident of Mexico will need for a one time casual importation of car parts, as per the broker:

"Alta de clientes
Integración del Expediente Fiscal del Mandante La Ley Aduanera establece que el agente aduanal debe de integrar un expediente con la siguiente documentación de cada uno de sus clientes:
ORIGINALES IMPRESOS EN PAPEL MEMBRETADO DE LA EMPRESA
Y FIRMADOS POR EL REPRESENTANTE LEGAL :
 Carta de Encomienda. (Anexo 1)
 Manifestación de valor por periodo de 6 meses. (Anexo 2)
 Hoja de Cálculo por Embarque. (Anexo 3)
 Carta de Reconocimiento de Proveedores. (Anexo 4)
 Responsiva de Patentes y Marcas. (Anexo 5)
 Contrato de Prestación de Servicios Aduanales (Anexo 7)
FOTOCOPIAS SIMPLES DE:
 “Solicitud de Adición o Revocación del Encargo Conferido”. (Anexo 6. Web)
 Escritura Constitutiva, inscrita en el Registro Público de la Propiedad
y del Comercio
 Eventuales modificaciones que se hayan hecho a la Escritura Constitutiva, inscritas en el Registro Público de la Propiedad y del Comercio
 Poder Notarial del representante legal, inscrito en el Registro Público
de la Propiedad y del Comercio
 Credencial de Elector u otra identificación oficial del representante legal
 Fotos de las instalaciones de la empresa (mínimo de cuatro)
(Incluir fachada e interiores). Se pueden enviar impresas o por e-mail
 Copia de comprobante de domicilio a nombre de la empresa
(recibo de luz, agua, predial, teléfono)
 Cédula del Registro Federal de Contribuyentes (RFC)
 Aviso de Inscripción en el Registro Federal de Contribuyentes (R1)
 Avisos al SAT de eventuales cambios de domicilio (R2)"

Vichil

Mar 3, 2012, 9:14 AM

Post #15 of 22 (2872 views)

Re: [Sculptari] Customs Clearance in Mexico for s shipping service...

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That should be enough to convince anyone they need professional help-

We exported wines to Mexico and it was one of the worst country to deal with,, We ended up with a Mexican importer who had a warehouse in Laredo and figured it out from there.
You really need a customs broker who is very good to expedite and clear the shipments. Do not forget that when the container is stuck on the dock in Vera Cruz or whatever port you need to pay daily demurage charges and they add up pretty fast.
Get professional advice, this is no place to tell you how to do it.

Aaron+

Mar 3, 2012, 11:13 AM

Post #16 of 22 (2851 views)

Re: [obli] Customs Clearance in Mexico for s shipping service...

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A hat off to all those posters who try to provide reasonable responses, even to questions unreasonably complex to pose on a forum.

As for those who ask questions while, at least initially, withholding relevant, game changing information -- blaaah! Ok, ok, Obli does get around to tell us that she or he has Mexican nationality (whether binational or only Mexican). Hopefully Obli will work in-Mexico connections and consult with Mexican logistics experts to get the information needed to establish, or not, the shipping operation contemplated.

Rolly

Mar 3, 2012, 11:30 AM

Post #17 of 22 (2847 views)

Re: [Aaron+] Customs Clearance in Mexico for s shipping service...

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As for those who ask questions while, at least initially, withholding relevant, game changing information -- blaaah!
From time to time, I get e-mails from folks asking questions to which I spend a lot of time and effort answering.
Then I find out they left out important information which would alter my answer.
Blaaah is not the word that pops up in my mind.

Rolly Pirate

obli

Mar 3, 2012, 12:47 PM

Post #18 of 22 (2832 views)

Re: [Aaron+] Customs Clearance in Mexico for s shipping service...

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It was clear even before I posed my question to the forum that professional help is needed. However I'm doing my research as to not come blank to a consultant/lawyer who will charge me by the hour posing questions I can find out through my own research and info from you guys of course! Isn't it the purpose of forums?

@ Sculptari and mazbook1: As you can see, I'm starting to gather ideas (I'M A NEWBIE) and so what you say to me makes sense about the "padron de importadores" and many of those documents have been mentioned to me. I had actually already spoken with el padron de importadores to gather requirements to be registered but I started to doubt about having 2 companies and the idea of the branch got on the way and now I'm confused. So! getting my thoughts straightened, any company whether foreign or national bringing in such quantity has to be 'registered' or deal with someone registered in the padron the importadores. Correct!? Now, I assume that a foreign company set up as described here http://www.mexconnect.com/articles/217-setting-up-a-business-in-mexico, CAN NOT be registered in the padron the importadores since the registry of importers requires you to have an RFC, which a foreign company can't have. Right? Having said this, opening a mexican company makes sense! Now, as a resident of Canada and not Mexico (but Mexican citizen), could I open an RFC myself? I guess I need to call SAT. Do you know?

You may ask why would I question even a bit opening a mexican company? Well, I'm just not sure how the structure of the taxes I have to pay for each government would affect me.

@ Aron: I'm new to the forum, and when I posted I had no idea who was going to respond. By my second post I noticed there may be barely any Mexicans here. I'm Mexican/Canadian by the way. I'm not getting around withholding information. The flow of the conversation begged it. Also, is there a limit on the complexity of questions to be reasonable to post in a forum? Clearly, there's pretty well acquainted people here and whatever comment helps! If the reader can't give advise, sending me to a consultant is the most obvious answer and therefore of no help. I prefer people scaring me or giving me guesses, speculations, gossip, real personal experience or anything but trying to send my discussion off the forum.

I APOLOGIZE if I'm not putting all the information relevant for a flawless conversation, but at the same time I don't want to post a HUGE post with all about me. I could! but I'm trying to be brief and look, this is already too long! ;)

Mar 3, 2012, 1:21 PM

Post #19 of 22 (2819 views)

Re: [obli] Customs Clearance in Mexico for s shipping service...

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I guess we are trying to warn you that a lot of what goes on in Mexico makes no sense at all and is best avoided. What should happen on paper, is actually a whole world of dysfunction. Any business activity which relies on dealing with aduana and customs brokers is one of those worlds. Ever noticed there is no U.P.S. in Mexico - ever wonder why?

Chapalans will remember the guy who spent a truck load of money trying to compete with Superlake - his whole inventory of imported foods was held up for months. There are lots of good opportunities in Mexico. Start a 'food truck'. Start a locksmithing business (get a Canadian certificate first). Turn them into a national chain.

Bennie García

Mar 3, 2012, 2:07 PM

Post #20 of 22 (2812 views)

Re: [Sculptari] Customs Clearance in Mexico for s shipping service...

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In Reply To

No UPS in Mexico?? Wrong. And Merkalink belongs to Estafeta BTW.

Over the past few years I have imported several semi truckloads of industrial machinery, most American made, a couple Canadian machines and a 28,000usd Italian sliding table saw. I used a broker in McAllen/Reynosa. I gave him a list of each machine, its cost, the country of origin and their serial numbers along with a description of each and he took care of the rest. I paid no duty on anything made in North America. I had no problems getting them delivered here in Jalisco.

Mar 3, 2012, 2:48 PM

Post #21 of 22 (2802 views)

Re: [Rolly] Customs Clearance in Mexico for s shipping service...

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Anybody else feel "used"?

Now I know why some old-timers immediately default to: "Contact ( a.k.a. pay ) a professional to answer your questions."
jajajajaaaaaaaaaaaaaaaaaaaaaaa!
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Read-on MacDuff
E-visit at http://yucalandia.com

Aaron+

Mar 3, 2012, 3:34 PM

Post #22 of 22 (2795 views)