Antidumping is a set of measures that a country adopts to prevent foreign products from being sold at prices below their real value or cost of production in the local market and, that cause damage to national production. This phenomenon is known as “dumping”.
When a company or country is found to be dumping, the affected country may apply anti-dumping measures. These measures may include additional import duties or tariffs on imported products sold at unfairly low prices. The purpose is to protect local producers and ensure more balanced trade.
Governments are entitled according to WTO Rules to take action against dumping in order to protect their domestic production. The WTO Agreement focuses on how governments may or may not respond to dumping; it establishes disciplines for anti-dumping measures and is often referred to as the “Anti-Dumping Agreement”.
The legal definitions are more precise, but, broadly speaking, the WTO Agreement authorizes governments to take action against dumping when genuine (“material”) harm is caused to the competing domestic industry. In order to take such action, the government must be able to demonstrate that dumping exists, calculate its magnitude (how much lower the export price is compared to the price in the exporter’s home market), and show that the dumping is causing damage or threatening to cause it.
According to Dr. Oscar Cruz Barney, in his article “The Constitutional control of antidumping resolutions and the panels of Article 1904 of the North American Free Trade Agreement”, under Mexican law, unfair International Trade Practices are considered the importation of goods under conditions of price discrimination or grants in the exporting country, either the country of origin or place of provenance, causing damage to a domestic production of identical or similar goods.
In 2025, antidumping measures have gained relevance in Mexico due to increasing trade tensions and the need to protect the domestic industry from unfair practices. The Ministry of Economy has initiated several anti-dumping investigations against imports from countries such as China and the United States. For example, at the beginning of February, Mexico’s Ministry of Economy announced on Thursday that it had initiated an anti-dumping investigation into imports of cartonboard from China. Furthermore, on February 26, U.S. chassis producers requested the relevant U.S. government agencies to conduct investigations to impose anti-dumping and countervailing duties on imports of chassis and sub-assemblies from Mexico, Thailand and Vietnam. On March 3, Mexico initiated anidumping investigations on imports from China of thermoplastic rubber, hot-rolled steel, micro-steel and fertilizers.
Imports from Mexico are alleged to be dumped at a margin of 32.37%, imports from Thailand are alleged to be dumped at a margin of 234.06% and imports from Vietnam are alleged to be dumped at a margin of 304.68%. In addition, Imports from Mexico and Thailand are also alleged to be unfairly subsidized by their respective governments.
The U.S. Department of Commerce and the U.S. International Trade Commission are expected to initiate formal preliminary stage investigations of imports from the three countries by March 18, 2025. Investigations typically last more than a year and could result in the imposition of duties on imports from the countries.
These measures agree with the imposition of 25% tariffs on Mexican exports by the US government and the tightening of the Donald Trump administration’s trade policy.
According to the preliminary resolutions published in the Official Gazette of the Federation, there is evidence that Chinese products have been subjected to price discrimination, which would have caused harm to the domestic industry. Several Mexican companies filed complaints and requested the intervention of the Ministry of Economy, according to La Crónica. An investigation was also initiated into imports of hot-rolled steel from China and Vietnam.
VAHG helps clients manage the risks they may face around the increasing complexities of Mexico’s international trade regulations, especially in the areas of tariffs and anti-dumping measures. Our Firm aims to serve companies navigating these challenges, helping them comply with legal regulations while maximizing their trade opportunities and growing their businesses. We have the support of experts in various international legislations to ensure that Mexican companies can compete on equal terms in the global marketplace, while protecting their interests on issues of unfair practices such as dumping.
For more information regarding our professional services, our International Trade and Antidumping Practice Partners are at your service.
Oscar Cruz Barney | Senior Partner
International Trade & Antidumping
+52 (33) 38171731
Fernando Hernández Gómez | Senior Partner
International Trade & Antidumping +52 (33) 38171731 Ext 225 | fhernandez@vahg.mx |
Elvia del Carmen Ríos Saldaña | Partner International Trade & Antidumping +52 (33) 38171731 Ext 228 | erios@vahg.mx
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**The publication of this document does not constitute legal, accounting or professional advice of any kind, nor is it intended to be applicable to particular cases. This document only refers to laws applicable in Mexico.