Not every provision of the public administration that restricts foreign trade in goods and services constitutes a para-tariff restriction contrary to the principles governing freedom of trade in the country, since there are situations that make such restrictions indispensable and legitimate. Thus, when these measures are based on objectives of public interest, such as the protection of human life, public health, national security, preservation of animal and plant life, protection of the environment, among others, the Law allows their adoption, through a certain formality to ensure that this condition is met.
Tariff measures are intended to increase tax revenues or to protect a domestic sector of activity against foreign competition, and are applied at the time products cross the border of a customs territory. These measures increase the costs of imports by a fixed percentage or amount, calculated respectively on the basis of value, in which case they are called ad valorem customs duties, or on the basis of physical quantity, in which case they are called specific duties.
Para-tariff measures are other measures that increase the cost of imports in a manner similar to tariff measures, i.e. by a certain percentage or amount, calculated respectively on a value or quantity basis.
Dumping allows a company, whether efficient or inefficient, to bankrupt its competitors and take over the market, if it has sufficient capital to finance sales at prices that contain a loss or lack of profit. Dumping also causes damage to national economies in general, since it leads to the elimination, unjustified in terms of competitiveness, of efficient companies that are the driving force behind employment and development.
In international trade, subsidies cause effects similar to those of dumping, but more harmful. Subsidies are neutralized by a countervailing duty equivalent to their incidence. The proof of subsidies may be simpler than that of dumping, since it is usually contained in the laws and regulations governing the granting of subsidies by the official entities that grant them.
Trade policy is the set of practices aimed at facilitating a country's foreign trade, both in terms of institutional organization and the implementation of actions to increase competitive capacity and achieve greater access to other markets through trade negotiations.