On September 8, 2026, the National Customs Agency of Mexico published Press Release 74/2026, through which it informed of an guiding criterion for its administrative units, related to the customs treatment applicable when omitted or inaccurate data is detected in connection with Mexican Official Standards for commercial information. 

This criterion derives from the amendment to Article 158 of the Customs Law, published in the Official Gazette of the Federation on November 19, 2025, and indicates the actions to be taken by the Customs Authority when, in the exercise of its powers, it identifies non-compliance related to Mexican Official Standards applicable to foreign trade goods. 

Scenarios provided by the authority 

According to the press release, the authority will apply this criterion as follows: 

1. When compliance with the NOM is not evidenced: 

If the importer does not evidence compliance with the Non-Tariff Regulations and Restrictions, the goods will become property of the Federal Treasury. 

However, an exception is specified: if the offender complies with such Non-Tariff Regulations and Restrictions within 30 days following the notification of the initiation report of the Administrative Customs Procedure, the goods would not become property of the Federal Treasury. 

2. When compliance is evidenced, but omitted or inaccurate data exists: 

If compliance with the NOM is evidenced and it is only detected that certain data was omitted or inaccurate, the importer will be subject to a fine equivalent to 2% to 10% of the commercial value of the goods. 

Conclusion 

Although the Authority may proceed with the precautionary seizure, the criterion allows distinguishing between cases where there is substantial non-compliance and those where compliance can be evidenced when only errors or omissions in the information exist. 

Pursuant to Article 151, section II of the Customs Law, Mexican Official Standards are part of the Non-Tariff Regulations and Restrictions applicable to the entry and exit of goods from national territory; likewise, the Law provides that precautionary seizure proceeds when compliance is not evidence.

J.A. DEL RÍO offers a wide array of specialized consulting services to assist you with these and other matters, in order to ensure that your project complies with the applicable characteristics  contained in this agreement.

If you have any questions, J.A. DEL RÍO can provide you with our experts to advise in matters concerning compliance with your legal and tax obligations. Once again, please let us know if we may be of any further assistance to you at: contacto@jadelrio.com.