Asian companies will have to choose between relocating manufacturing and logistics operations in Mexico or facing the requirement to comply with the Mexican Official Standards (NOM).
E-commerce platforms Shein, Temu and AliExpress have been at the center of the debate for months, accused by various business chambers of unfair competition and of taking advantage of the import regulations established in the Treaty between Mexico, the United States and Canada (T-MEC) to obtain tax benefits. However, they could find in nearshoring an opportunity to strengthen their presence in Mexico and other markets in the region.
Shein even already has a plan in mind. The Asian company is considering establishing a network of clothing manufacturers in Mexico, in a scheme similar to the one it already implements in Brazil. However, in Mexico it faces the challenge of developing not only the manufacturing points, but also the logistics network for last-mile deliveries.
Marcelo Claure, president of Shein Latin America, declared last year that Mexico has the competitive advantage of having an advanced textile industry, although he did not specify the number of Mexican factories that could be integrated into its value chain, if the plan to set up in Mexico comes to fruition.
“Phase two of Shein in Mexico is to have Mexicans selling for Mexicans. Phase three will be to analyze manufacturing from Mexico for Mexico, and phase four would be to ship from Mexico to other countries. It is not a commitment, we are in an analysis phase,” he said at a meeting with the media.
This relocation of production points also offers benefits in terms of logistics costs and delivery times. In Mexico, e-commerce will be one of the industries that will benefit most from this effect. For Asian marketplaces, having manufacturing and logistics points in Mexico means, in addition to greater proximity to markets such as the United States and Latin America, complying with regulations that, in the near future, could become an obstacle for Asian imports.
According to an analysis by Monex, in Mexico there is a greater penetration of e-commerce, which is 11% higher than what was observed 10 years ago, and the demand for real estate space for logistics, which in 2025 will be 7.8 times higher than in the last decade.
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Between NOMs and customs
Organizations such as the National Association of Self-Service and Department Stores (ANTAD), the National Chamber of the Footwear Industry (Canaical) and the National Chamber of the Clothing Industry (Canaive) have accused Chinese platforms of failing to comply with Mexican regulations regarding materials and, in some cases, regarding industrial property.
The T-MEC stipulates that goods imported through e-commerce with a value of less than 50 dollars are exempt from paying tariffs, VAT and are not subject to compliance with the Mexican Official Standards (NOM). This provision is used by the platforms to import low-value products, such as clothing, footwear and accessories.
Regular or large-scale imports of products such as appliances, electrical products, shoes and clothing must comply with NOMs on material, manufacturing and labeling standards, which are required for regular imports, but not for de minimis shipments or shipments under $50.
In addition to the de minimis shipments established in the USMCA, Mexico has a special regime that allows for simplified customs clearance. This regime allows courier and parcel companies, which work with Asian marketplaces, to import goods worth up to $2,500 without a tariff classification, exempting them from complying with certain regulations.
Although some of these tariff benefits are established in the T-MEC, which prevails over Mexican laws, the National Commission for Regulatory Improvement (Conamer) is promoting a draft that seeks to ensure that goods brought into Mexico through simplified import processes, such as de minimis shipments and goods with a customs value of less than $2,500, comply with the NOM.
Conamer argues in the document that imports of goods through courier and parcel companies, whose customs value does not exceed $2,500, have increased substantially, and that these are not subject to compliance with the NOM at the point of entry into Mexico.
“This situation causes consumers to not be protected by the applicable commercial information NOMs, which puts the legitimate objectives of the public interest at risk, since consumers lack commercial information in Spanish that allows them to know the ingredients, instructions and recommendations for use and care of the goods,” says the document.
Source: expansion
