[Federal Register Volume 67, Number 151 (Tuesday, August 6, 2002)]
[Notices]
[Pages 50858-50860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19822]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-820]
Fresh Tomatoes From Mexico
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of termination of suspension agreement, termination of
sunset review, and resumption of antidumping investigation: Fresh
Tomatoes from Mexico.
-----------------------------------------------------------------------
EFFECTIVE DATE : July 30, 2002
SUMMARY: On May 31, 2002, Mexican tomato growers/exporters accounting
for a significant percentage of all fresh tomatoes imported into the
United States from Mexico provided written notice to the Department of
Commerce of their withdrawal from the agreement suspending the
antidumping investigation on fresh tomatoes from Mexico. Because the
suspension agreement no longer covers substantially all imports of
fresh tomatoes from Mexico, the Department of Commerce hereby
terminates the suspension agreement, terminates the sunset review of
the suspended investigation, and resumes the antidumping investigation.
FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Mark Ross at (202)
482-5760 or (202) 482-4794, respectively; Office of AD/CVD Enforcement
3, Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street & Constitution Avenue, NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Applicable Statute and Regulations
Unless otherwise indicated, all citations to the statute are
references to the provisions effective January 1, 1995, the effective
date of the amendments made to the Tariff Act of 1930 (the Act) by the
Uruguay Round Agreements Act. In addition, unless otherwise indicated,
all citations to Department of Commerce (Department) regulations refer
to the regulations codified at 19 CFR part 353 (1996).
Background
On April 18, 1996, the Department initiated an antidumping
investigation to determine whether imports of fresh tomatoes from
Mexico are being, or are likely to be, sold in the United States at
less than fair value (LTFV) (61 FR 18377, April 25, 1996). On May 16,
1996, the United States International Trade Commission (ITC) notified
the Department of its affirmative preliminary injury determination.
On October 10, 1996, the Department and Mexican tomato growers/
exporters initialed a proposed agreement suspending the antidumping
investigation, and on October 28, 1996, the Department preliminarily
determined that imports of fresh tomatoes from Mexico are being sold at
LTFV in the United States. See Notice of Preliminary Determination of
Sales at Less Than Fair Value and Postponement of Final Determination:
Fresh Tomatoes from Mexico, 61 FR 56607 (November 1, 1996) (Preliminary
Determination). On the same day the Preliminary Determination was
signed, the Department and certain growers/exporters of fresh tomatoes
from Mexico signed the final suspension agreement. See Suspension of
Antidumping Investigation: Fresh Tomatoes from Mexico, 61 FR 56618
(November 1, 1996).
On May 31, 2002, Mexican tomato growers/exporters accounting for a
significant percentage of all fresh tomatoes imported into the United
States from Mexico submitted to the Department a notice of their
withdrawal from the agreement suspending the antidumping investigation
on fresh tomatoes from Mexico. Because the suspension agreement would
no longer cover substantially all imports of fresh tomatoes from Mexico
when the withdrawals became effective, on June 19, 2002, the Department
issued a notice of intent to terminate the suspension agreement, intent
to terminate the five-year sunset review of the suspended
investigation, and intent to resume the antidumping investigation. The
Department also invited interested parties to submit comments on
whether it should use updated information to complete the antidumping
investigation. See Notice of Intent to Terminate Suspension Agreement,
Intent to Terminate the Five-Year Sunset Review, Intent to Resume
Antidumping Investigation, and Request for Comments on the Use of
Updated Information, 67 FR 43278 (June 27, 2002).
Interested parties filed comments and rebuttal comments on the use
of
[[Page 50859]]
updated information. Upon consideration of these comments, we have
determined that, for completion of this particular investigation, we
will use the original information submitted by the original respondents
for the original period of investigation. See July 30, 2002, memorandum
entitled ``Resumed Antidumping Investigation on Fresh Tomatoes from
Mexico; Respondent Selection and Period of Investigation.
On July 3, 2002, the California Tomato Commission filed letters of
accession from twenty-four Baja California growers/exporters of fresh
tomatoes, asserting that these growers/exporters represent new
signatories and, when added to the existing Baja California
signatories, represent 94.8 percent of exports of fresh tomatoes from
Baja California to the United States. The California Tomato Commission
suggested that, with the accession of these Baja California growers/
exporters, the Department should reevaluate participation in the
suspension agreement and determine whether it now covers substantially
all imports of fresh tomatoes from Mexico.
Scope of the Investigation
The products covered by this investigation are all fresh or chilled
tomatoes (fresh tomatoes) except for cocktail tomatoes and those
tomatoes which are for processing. For purposes of this investigation,
cocktail tomatoes are greenhouse-grown tomatoes, generally larger than
cherry tomatoes and smaller than Roma or common round tomatoes, and are
harvested and packaged on-the-vine for retail sale. For purposes of
this investigation, 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, imports of fresh tomatoes for
processing are accompanied by an ``Importer's Exempt Commodity Form''
(FV-6) (within the meaning of 7 CFR 980.501(a)(2) and 980.212(I)).
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 this
investigation.
All commercially grown tomatoes sold in the United States, both for
the fresh market and for processing, are classified as Lycopersicon
esculentum. Important commercial varieties of fresh tomatoes include
common round, cherry, plum, and pear tomatoes, all of which, with the
exception of cocktail tomatoes, are covered by this investigation.
Tomatoes imported from Mexico covered by this investigation are
classified under the following subheadings of the Harmonized Tariff
Schedules of the United States (HTSUS), according to the season of
importation: 0702 and 9906.07.01 through 9906.07.09. Although the HTSUS
numbers are provided for convenience and customs purposes, our written
description of the scope of this proceeding is dispositive.
Period of Investigation
The period of investigation (POI) is March 1, 1995, through
February 29, 1996.
Termination of Suspension Agreement
The agreement suspending the antidumping investigation on fresh
tomatoes from Mexico is an agreement to eliminate injury under section
734(c) of the Act. Under this type of suspension agreement the
Department may suspend an investigation based upon an agreement with
exporters accounting for substantially all of the imports of the
subject merchandise. The regulations in turn define ``substantially
all'' as exporters (growers and resellers) which have accounted for not
less than 85 percent by value or volume of the merchandise during the
period for which the Department is measuring dumping in the
investigation or such other period that the Secretary considers
representative. See 19 CFR 353.18(c).
On May 31, 2002, signatory growers/exporters accounting for a large
percentage of all fresh tomatoes imported into the United States from
Mexico provided written notice to the Department of their withdrawal
from the agreement suspending the antidumping investigation on fresh
tomatoes from Mexico. Pursuant to the terms of the suspension
agreement, signatory growers/exporters may withdraw from the agreement
upon 60 days written notice to the Department. Therefore, these
withdrawals from the suspension agreement become effective on July 30,
2002.
On July 3, 2002, the California Tomato Commission filed letters of
accession from twenty-four Baja California growers/exporters of fresh
tomatoes, asserting that these companies represent new signatories and,
when added to the existing Baja California signatories, represent 94.8
percent of the Baja California fresh tomatoes imported into the United
States during 2001. With the accession of these Baja California
growers/exporters, the California Tomato Commission suggests that the
Department reevaluate participation in the suspension agreement and
determine whether the suspension agreement covers substantially all
imports of fresh tomatoes from Mexico.
To ensure that termination of this suspension agreement is not
premature, we have reevaluated participation in the suspension
agreement as of July 30, 2002, the date on which the May 31, 2002,
withdrawals become effective. Based on our analysis of import data from
the U.S. Customs Service (Customs) and given the large percentage of
imports which these growers/exporters represent, the signatories
remaining in the agreement will not account for substantially all of
the imports of the subject merchandise after these withdrawals become
effective. See July 30, 2002, memorandum entitled ``Analysis of Whether
Signatories Account for Substantially All Imports.''
Because the suspension agreement does not cover substantially all
imports of fresh tomatoes from Mexico without the participation of the
growers/exporters which provided notice of their withdrawal on May 31,
2002, the Department determines that terminating the suspension
agreement effective July 30, 2002, is appropriate.
End of the Five-Year Sunset Review
On October 1, 2001, the Department initiated a five-year sunset
review of the suspended antidumping investigation on fresh tomatoes
from Mexico pursuant to section 751(c) of the Act (66 FR 49926, October
1, 2001). On January 29, 2002, the Department published its preliminary
results of the sunset review (67 FR 4237) (Preliminary Results). In the
Preliminary Results, the Department preliminarily found that
termination of the suspended antidumping duty investigation on fresh
tomatoes from Mexico would be likely to lead to the continuation or
recurrence of dumping. On May 13, 2002, the Department extended the
deadline for the final results of sunset review until August 27, 2002
(67 FR 35099, May 17, 2002).
Because the Department is terminating the suspension agreement,
there is no longer a suspended investigation for which to perform a
sunset review. Therefore, the Department hereby announces its
termination of the sunset review of the suspended LTFV investigation on
fresh tomatoes from Mexico, effective July 30, 2002.
Resumption of Antidumping Investigation
With the termination of the suspension agreement on July 30, 2002,
in accordance with section 734(i)(1)(B) of the Act, the Department
hereby
[[Page 50860]]
resumes the underlying antidumping investigation. Pursuant to section
734(i)(1)(B) of the Act, the Department resumes the investigation as if
it had published the affirmative preliminary determination under
section 733(b) of the Act on July 30, 2002.
As explained in the Preliminary Determination at 61 FR 56609, the
Department postponed the final determination until the 135th day after
the date of the preliminary determination. The Department therefore
intends to make its final determination in the resumed investigation by
December 12, 2002.
Verification
As provided in section 782(i) of the Act, the Department will
verify all information determined to be acceptable for use in making
the final determination.
Suspension of Liquidation
The Department will instruct Customs to suspend liquidation of
entries of fresh tomatoes from Mexico that are entered, or withdrawn
from warehouse, for consumption on or after the effective date of the
termination of the suspension agreement, which is July 30, 2002.
Customs shall require antidumping duty cash deposits or bonds for
entries of the subject merchandise based on the preliminary dumping
margins, which are as follows:
------------------------------------------------------------------------
Weighted-average
Grower/Exporter percentage margin
------------------------------------------------------------------------
San Vincente Camalu.................................. 4.16
Ernesto Fernando Echavarria Salazar Grupo Solidario.. 11.89
Arturo Lomeli Villalobas S.A. de C.V................. 26.97
Eco-Cultivos S.A. de C.V............................. 188.45
Ranchos Los Pinos S. de R.L. de C.V.................. 10.26
Administradora Horticola del Tamazula................ 28.30
Agricola Yory, S. de P.R. de R.I..................... 11.95
All Others........................................... 17.56
------------------------------------------------------------------------
International Trade Commission
The Department will notify the ITC of its termination of the
suspension agreement, termination of the sunset review of the suspended
investigation, and resumption of the LTFV investigation. If the
Department makes a final affirmative determination, the ITC is
scheduled to make its final determination concerning injury within 45
days after publication of the Department's final determination. If both
the Department's and the ITC's final determinations are affirmative,
the Department will issue an antidumping duty order.
Administrative Protective Order Access
Administrative protective orders previously granted in the original
investigation will remain in effect. Parties must submit any necessary
amendments for changes in staff promptly.
We are issuing and publishing this determination under section
733(f) of the Act and 19 CFR 353.15.
Dated: July 30, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-19822 Filed 8-5-02; 8:45 am]
BILLING CODE 3510-DS-S