Mexico Update: Legal Representation Requirement, NOM Certificate Extensions and Validations

Customs in Mexico now requires that NOM safety certificates (NOM-001, NOM-019, NOM-003, etc.) and testing certificates (NOM-208 from IFETEL) be issued in the name of a legal Mexican entity and specifically reference the Mexican importers and distributors of the certified products.

If you do not have an office in Mexico we can provide certificate holder services at no charge. We provide legal representation (sometimes referred to as local representation) as a neutral third party, which allows you to certify your products before you have determined your importers/distributors. This keeps you in control of the process and your certificates.

Once you have identified your importers/distributors, we will obtain “extension” safety certificates in their name. For NOM-208 products, we will “validate” each importer/distributor in IFETEL’s system, which customs will check upon importation of the equipment into Mexico. There are additional fees for extension and validation services.

Please contact us to learn more about legal representation requirements and other homologation regulations of electronic and electrical products in Latin America, including the Caribbean.

NOM-192 Covers Monitors, TVs, Set Top Boxes, and Decoders in Mexico

Are you importing or selling LCD monitors, television sets, set-top boxes or decoders in Mexico? Then your product will need to satisfy the requirements laid out in NOM-192-SCFI/SCT1-2013.

The regulation ensures that TVs can receive, tune in, and reproduce DTT, HDTV, and SDTV signals.

NOM-192 specifies that TV decoders can receive, tune, and reproduce signals transmitted according to ATSC A/53 and A/72 standards. Decoder outputs must also reproduce signals in analog NTSC/M format.

Advanced Television Systems Committee (ATSC) standards govern digital television transmission over cable, broadcast, and satellite networks in North America (Mexico, the U.S., and Canada). ATSC mostly, but not entirely, replaced analog National Television System Committee (NTSC) standards in place since the 1950s.

Additionally, products covered by NOM-192 must comply with two other NOMs:

  • NOM-001-SCFI-1993, which is sometimes referred to as the “safety NOM” and covers household electronic devices powered by different electric power sources
  • NOM-024-SCFI-2013, which covers packaging, instructions, and warranty information for electronic, electrical, and household appliances

Please contact us for information about the sample requirements and testing (or “protocol verification”) process for NOM-192 and NOM-001. In fact, let us know if you have any questions about the homologation of electrical, electronic, and telecommunications goods in Latin America. We’re well equipped to take your products from here to there.

Understanding NOM-196 in Mexico

We frequently get questions about NOMs, which communicate the Mexican government’s requirements for electronic and electrical equipment (and other products) to be legally sold in Mexico.

These Normas Oficiales Mexicanas (“Official Mexican Standards”) are always evolving, meaning manufacturers, importers, labs, and product certification consultants like LARCG must keep up with the changes.

We’ve lately been asked to explain NOM-196-SCFI-2016. This NOM applies to all equipment with analog technology that connects to the public telecommunications network (PSTN) through an RJ11 connector. If a product has an RJ11 port or an internal PSTN modem, there’s a good chance NOM-196 applies.

If a product’s telephony gateway has RJ11 ports but does NOT connect directly to the public network, then NOM-196 does NOT apply. NOM-196 also does not cover products with IP telephony signals.

NOM-196 Covers These Products

  • Multifunction printer with fax card
  • Wired phone
  • Cordless phone
  • “Piggy-bank” or multi-line telephone
  • Point of sale terminal (very rare that there is service with this kind of equipment)
  • Switch with analog trunk
  • Switch with digital trunk (in this case in particular for any test it is an “NA”)
  • Caller ID products
  • Call blocker products
  • Modem or modem card (PSTN)

(Note that NOM-208 certification is much like NOM-196, except NOM-208 covers BT/WiFi products and NOM-196 covers analog products.)

There are three steps: the product undergoes IFT-004 testing, then it receives NOM-196 certification, and then IFT certification.

In the official definition, IFT-004 testing verifies “the mechanical robustness of the equipment, as well as the electronic composition, compatible with a public telecommunications network, so that it does not generate interference when making any calls and can perform the data transmission correctly.”

We have more to tell you and look forward to speaking with you.

Mexico’s New NOM-001 Takes Effect in 2020

An updated NOM-001 will come into force in Mexico starting May 14, 2020.

Known formally as NOM-001-SCFI-2018, the new regulation replaces NOM-001-SCFI-1993. (NOM stands for “Norma Oficial Mexicana,” or Official Mexican Standard.)

 

NOM-001 covers the safety requirements for electronic devices manufactured, imported, commercialized, distributed, or leased in Mexico.

It applies to electronic equipment and accessories that use single-phase supply voltages up to 277 V AC at 60 Hz and/or three-phase voltages up to 480 V AC between lines at 60 Hz — as well as other energy sources, including batteries, energy accumulators, self-generation, and alternative power sources up to 500 V DC.

Contact us to learn more about NOM-001, and other certification matters in Mexico and Latin America.

NOM-029: Regulating Energy Efficiency in Mexico

In addition to requiring NOM-001 certification, all external power supplies that are sold separately in Mexico require a certification known as NOM-029.

A NOM-029 certification ensures that Mexico’s energy efficiency standards have been met. NOM-029 is sometimes referred to more completely as NOM-029 ENER-2017, as it was last updated in 2017 (with an effective date of April 2018).

However, if a power supply (such as a charging cord for a cell phone) is packaged and sold as an accessory along with the main product, then it does not need additional NOM-029 certification. In that case, the cord is covered by the phone’s overall certification.

When it is needed, a NOM-029 certification is obtained through test evaluation. It is applicable for all power supplies intended to convert electrical voltage from alternating current (AC) to a single level of voltage or direct current (DC), with a maximum output power of 250W or less.

Power supplies that allow switching to manual output voltage levels, independent from the product, also require testing and certification.

NOM-029 is not applicable in some instances. If your electronic device was previously approved under NOM-019-SCFI-1997 or NOM-001-SCFI-1993, its power supply will not require the additional certification of NOM-029.

NOMs (“Norma Oficial Mexicana” or Official Mexican Standard) detail the form, format, and documentation that must be maintained for legal compliance.

Contact LARCG for more information regarding this or any other Latin America certification issue, whether in Mexico, Central America, South America, or the Caribbean.

Terms to Know: Tariff Codes, HS Codes, HTS Codes, Harmonization Codes

Ever wonder what a tariff code is? The Harmonized Item Description and Coding System (HS) identifies products by a 6-digit number cataloged in the World Customs Organization’s Harmonized Commodity Description and Coding System. To this 6-digit number countries add their own numbers to further classify products and define duty rates according to category, product type, and materials. End result: a tariff code!

Why should you care? Because countries use their Harmonized Tariff Schedules (HTS) to classify products coming into their territory and combine this information with country-of-origin certificates to calculate tariffs and customs duties. Tracking HTS data can help companies maximize the use of free trade agreements and tariff exemptions.

And there’s another, more immediate benefit to understanding tariff codes, particularly when it comes to Mexico. When LARCG starts a new project to secure approval for a product in Mexico, one of the first things we do is ask our client to provide us with their product’s “tariff code.”

Just to be clear: We don’t choose the tariff code — the client does. But what we need is the Mexican tariff code, not the U.S. code (a common misconception). Mexico also requires the appropriate code to be printed on the NOM certificates it issues — all the more reason to get it right from the get-go.

To help clients determine the correct Mexican tariff code for their product, we provide a list of options on our website: https://bit.ly/31o2jRH.

It’s a very extensive list, however, so translating the U.S. code to the Mexican one can still be challenging. Here’s a tip: the Mexican tariff code has 8 digits, with the first 6 digits usually the same as the U.S. HS code. That narrows the possibilities.

Don’t let tariff codes flummox you — we’re happy to field questions about tariff codes, or anything else related to the homologation process in Mexico or any other LATAM country. We look forward to hearing from you.

Costa Rica Now Requires In-Country Testing of Cellular Products

As of 2019, Costa Rica’s homologation process no longer accepts outside test reports for cellular products to be imported or commercialized in Costa Rica. Any product utilizing cellular technology (data or voice; 2G, 3G, or 4G) must undergo testing at an accredited lab within Costa Rica.

After testing, reports are submitted with other documentation to SUTEL, the Agency responsible for radio frequency management in Costa Rica. SUTEL (Superintendencia de Telecomunicaciones) is Costa Rica’s equivalent to the FCC (Federal Communications Commission) in the U.S.

In addition to in-country testing of a specific cellular product, any company (or brand) seeking approval to sell cellular products in Costa Rica must also be registered with SUTEL — a complicated process that LARCG is equipped to handle, as we are with all Latin America certification issues.

Examples of cellular products that require testing in Costa Rica include:

  • Cellphones
  • Tablets
  • Laptops
  • Telematic devices
  • Mobile payment terminals

The major cellular communications companies operating in Costa Rica are Claro, Movistar, and Kolbi.

Contact us about the homologation process in Costa Rica — or to know more about the certification process anywhere in Latin America, from Mexico and the Caribbean to Argentina and Chile. LARCG handles the entire homologation process in Costa Rica and has a strong working relationship with both SUTEL and the country’s accredited test labs.

Mexico to Require Tariff Codes on All NOM Safety Certificates

As of June 30, 2019, the Mexican government requires that a product’s tariff code (its “fracción arancelaria”) be displayed on its NOM-001, NOM-003, or NOM-019 safety certificate. (The tariff code is also sometimes referred to as the “HS code,” “HTS code,” or “harmonized code.”)

Until now a product’s tariff/harmonized/HS/HTS code was not printed on the NOM certificate; the code was just included in the underlying application paperwork.

Of Mexico’s two certificate-issuing agencies, NYCE already includes the code on the new certificates it issues. The other agency, ANCE, will start adding the code to its new certificates by the end of May.

If your product’s NOM certificate does not feature the product’s tariff code, you will need to request an updated certificate by June 30; the new cert must be obtained within 90 days of requested date.

This is a new development (first communicated by the agencies on May 2). We are working with NYCE and ANCE to get updated certificates for our clients as soon as possible, subject to the agencies’ workload.

Contact LARCG if you think you have NOM-001, NOM-003, or NOM-019 safety certificates that will be invalid because of missing tariff code, or other reason. We can help with this issue, or any other regarding Latin America certification.

©2020 Latin America Regulatory Compliance Group, LLC