[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Notices]
[Pages 28890-28891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14134]



-----------------------------------------------------------------------

[[Page 28891]]


INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-747 (Preliminary)


Fresh Tomatoes From Mexico; Import Investigation

Determination

    On the basis of the record 1 developed in the subject 
investigation, the Commission determines,2 pursuant to section 
733(a) of the Tariff Act of 1930 (19 U.S.C. 1673b(a)), that there is a 
reasonable indication that an industry in the United States is 
materially injured by reason of imports from Mexico of fresh chilled 
tomatoes, provided for in subheadings 0702.00.20, 0702.00.40, 
0702.00.60, and 9906.07.01 through 9906.07.09 of the Harmonized Tariff 
Schedule of the United States,3 that are alleged to be sold in the 
United States at less than fair value (LTFV).
---------------------------------------------------------------------------

     1 The record is defined in sec. 207.2(f) of the 
Commission's Rules of Practice and Procedure (19 CFR 207.2(f)).
     2 Vice Chairman Nuzum not participating.
     3 For purposes of this investigation, fresh or chilled 
tomatoes are all fresh or chilled tomatoes (fresh tomatoes) except 
those which are grown for processing. Processing is defined to 
include preserving by any commercial process, such as canning, 
dehydrating, drying or the addition of chemical substances, or 
converting the tomato product into juices, sauces, or purees. 
Further, such excluded imports of fresh tomatoes for processing are 
accompanied by an ``Importer's Exempt Commodity Form'' (FV-6) 
pursuant to 5 CFR 980.501(a)(2) and 980.212(1). Fresh tomatoes that 
are imported for cutting up, not further processed (e.g., tomatoes 
used in the preparation of fresh salsa or salad bars), and not 
accompanied by an FV-6 form are covered by the scope of the 
investigation.
---------------------------------------------------------------------------

Background

    On April 1, 1996, a petition was filed by counsel on behalf of the 
Florida Tomato Growers Exchange, Orlando, FL, Florida Fruit and 
Vegetable Association, Orlando, FL, Florida Farm Bureau Federation, 
Gainesville, FL, South Carolina Tomato Association, Inc., Charleston, 
SC, Gadsden County Tomato Growers Association, Inc., Quincy, FL, 
Accomack County Farm Bureau, Accomack, VA, Florida Tomato Exchange, 
Orlando, FL, Bob Crawford, Commissioner of Agriculture, Florida 
Department of Agriculture and Consumer Services, Tallahassee, FL, and 
the Ad Hoc Group of Florida, California, Georgia, Pennsylvania, South 
Carolina, Tennessee, and Virginia Tomato Growers, with the Commission 
and Commerce. The petition alleges that an industry in the United 
States is materially injured or threatened with material injury by 
reason of less than fair value imports of fresh tomatoes from Mexico. 
Accordingly, effective April 1, 1996, the Commission instituted 
antidumping Investigation No. 731-TA-747 (Preliminary).
    Notice of the institution of the Commission's investigation and of 
a public conference to be held in connection therewith was given by 
posting copies of the notice in the Office of the Secretary, U.S. 
International Trade Commission, Washington, DC, and by publishing the 
notice in the Federal Register of April 10, 1996 (61 FR 15968). The 
conference was held in Washington, DC, on April 22, 1996, and all 
persons who requested the opportunity were permitted to appear in 
person or by counsel.
    The Commission transmitted its determination in this investigation 
to the Secretary of Commerce on May 16, 1996. The views of the 
Commission are contained in USITC Publication 2967 (May 1996), entitled 
Fresh Tomatoes from Mexico: Investigation No. 731-TA-747 (Preliminary).

    By order of the Commission.

    Issued: May 28, 1996.
Donna R. Koehnke,
Secretary.
[FR Doc. 96-14134 Filed 6-5-96; 8:45 am]
BILLING CODE 7020-02-P