By Polly Towill and Olivier Theard

Introduction

Latin American companies have had relatively open access to the market in the United State and sell billions of dollars of merchandise to U.S. consumers every year. While enjoying the fruits of this trade, Latin American companies should be aware of the potential pitfalls if the goods they sell to U.S. consumers are somehow defective or cause injury. The U.S. provides its consumers with specific legal protections against harmful products. Latin American companies need to know these laws if they want to protect themselves, while continuing their profitable relations with U.S. buyers.
 Continue Reading A Notice for Latin American Businesses: Understanding Products Liability Law and Recalls of Defective Products in the United States

By Luis F. Martinez Serna, Basham, Ringe y Correa, S.C.

Summary

This essay will discuss a North American Free Trade Agreement (“NAFTA”) shortcoming that results in the unfair payment of import duties, fines, interest, and antidumping duties.   Many times, funds for payment come from United States or Canadian companies with operations in Mexico. NAFTA´s flaw lies mainly in not contemplating legal-cultural differences between Mexico, the United States and Canada, which results in Mexican customs officials invalidating NAFTA certificates of origin for formalistic reasons. These certificates of origin are often completed by United States or Canadian company officers with practical, good-faith, business-oriented minds who are not accustomed to stringent formalistic interpretations of the law.

Continue Reading Is Your Money Going South?