On May 9, 2022, the Government of Mexico published in the Federation's Official Gazette (Diario Oficial de la Federación) an Amendment to the Agreement by which the Secretariat of Economy issues general rules and criteria in matters of foreign trade. This legal instrument is subject to updates periodically, and its latest version includes NOM-222. Its primary purpose is to identify the tariff/HS codes of the goods whose introduction into Mexican territory is subject to compliance with Mexican regulations, also known as NOMs. The Amendment will enter into force 60 calendar days after the publication of the Agreement in the DOF, that is, on July 9, 2022.

The most relevant aspects introduced by this new legal instrument are:

1. The Mexican regulation for milk powder for further processing -NOM-222-SCFI/SAGARPA-2018, Milk powder or dehydrated milk-Raw Material-Specifications, commercial information, and test methods was published in Mexico's Official Gazette on January 31, 2019, and entered into force on January 31, 2020.
2. From its entry into force, the NOM-222 was mandatory for domestic producers and traders, and the only remaining matter was the decision on how to enforce it for imported products.
3. The publication of the Amendment on May 9 establishes the procedure to demonstrate compliance with NOM-222 for imported products.

Meaning of the publication of the Amendment for US milk powder suppliers.

As part of this Amendment to the NOM Agreement, NOM-222 was added to the list of NOMs subject to enforcement at the point-of-entry (customs), and includes tariff codes/HS Codes 0402.10.01 and 0402.21.01 (powdered milk or dehydrated skimmed, partially skimmed, and whole milk for human consumption, respectively). Consequently, all milk powder exports for further processing to Mexico will be subject to Customs control, and demonstration of compliance with the NOM-222 will be mandatory for every single lot of the product shipped into Mexico.

Procedure to demonstrate compliance with NOM-222-SCFI/SAGARPA-2018 at the point of entry into Mexico.

Section 2.4.6 of the Amendment provides the procedure through which importers will demonstrate compliance of their goods with NOM-222, which consists of the following steps:

1. All testing laboratories -whether domestic or foreign- that will assess the conformity of products with NOM-222 must be registered with the General Directorate of Norms (DGN) according to the procedure published in the Integral System of Standards and Conformity Assessment (SINEC). The registration webpage is available at this link. The DGN will publish the list of registered laboratories on the SINEC website and the National Foreign Trade Information Service (SNICE).
2. Before the shipment of the goods to Mexico, the following documents shall be sent:
   1. Layout: the registered laboratories shall send the information of the test reports for every single lot through the Digital Window ("Ventanilla Digital")[1] or to the e-mail address: informesnom.222@economia.gob.mx in a Excel format (.XLSX), also known as Layout. The Layout format is available on the SINEC and the National Foreign Trade Information Service (SNICE) website. The Layout must be filled in and submitted  as described above for every lot that will be subject to exportation to Mexico and a number will be assigned to each Layout.
   2. Test report: the importer shall send the test report in an electronic or digital format as an annex to the import declaration (pedimento de importación). The test report must follow the specifications of NOM-222 for the specific type of powdered milk or dehydrated milk to be imported. The importer shall also indicate the Layout number in the import declaration.
3. No later than the next business day after the registered laboratory sends information of the test report in the Layout (see 2(i) above), the DGN will transmit it electronically to the Automated Customs Integral System (SAAI) so that the customs authorities can verify the information of the test report whenever the products are presented for customs clearance (see 2(ii) above), and then the importation may be conducted.

USDEC recommends that the registered laboratories send test reports with enough time to avoid any undue delays when performing customs clearance, specially for shipments that intend to be exported/imported into Mexico after July 9^th, 2022.

A manual with step-by-step information about the layout and guidance on submitting test reports is available here. USDEC/MARA will conduct a webinar on Friday, June 3 at 11 AM ET for members interested in learning more about the upcoming changes in the requirements to export products subject to NOM-222. For additional information, members can also contact USDEC staff Oscar Ferrara and Diego Abarca. 

[1]In order to use the "Ventanilla Digital" it is necessary to hold: i) the unexpired and active certificate of the Advanced Electronic Signature (FIEL) of the legal entity or natural person in question, issued by the Tax Administration Service (SAT) or by the certification service providers authorized in accordance with the provisions of the Federal Tax Code; ii) Federal Taxpayers Registry (RFC) with active status.