[Federal Register Volume 73, Number 11 (Wednesday, January 16, 2008)]
[Notices]
[Pages 2887-2889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-670]


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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 
five-year sunset review, and resumption of antidumping investigation: 
Fresh Tomatoes from Mexico.

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EFFECTIVE DATE: January 18, 2008.
SUMMARY: On November 26, 2007, 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 will no longer cover

[[Page 2888]]

substantially all imports of fresh tomatoes from Mexico once this 
withdrawal becomes effective, the Department of Commerce is terminating 
the suspension agreement, terminating the sunset review of the 
suspended investigation, and resuming the antidumping investigation.

FOR FURTHER INFORMATION CONTACT: Judith Wey Rudman or Jay Carreiro at 
(202) 482-0192 or (202) 482-3674, respectively; Office of Policy, 
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. 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 56608 (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 an agreement to suspend the investigation (1996 
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 provided written notice to the Department of their 
withdrawal from the 1996 Suspension Agreement, effective July 30, 2002. 
Because the 1996 Suspension Agreement would no longer cover 
substantially all imports of fresh tomatoes from Mexico, effective July 
30, 2002, the Department terminated the 1996 Suspension Agreement, 
terminated the sunset review of the suspended investigation, and 
resumed the antidumping investigation. See Notice of Termination of 
Suspension Agreement, Termination of Sunset Review, and Resumption of 
Antidumping Investigation: Fresh Tomatoes from Mexico, 67 FR 50858 
(August 6, 2002).
    On November 8, 2002, the Department and Mexican tomato growers/
exporters initialed a proposed agreement suspending the resumed 
antidumping investigation on imports of fresh tomatoes from Mexico. On 
December 4, 2002, the Department and certain growers/exporters of fresh 
tomatoes from Mexico signed a new suspension agreement (``2002 
Suspension Agreement''). See Suspension of Antidumping Investigation: 
Fresh Tomatoes From Mexico, 67 FR 77044 (December 16, 2002). On 
November 3, 2003, the Department published the Final Results of 
Analysis of Reference Prices and Clarifications and Corrections; 
Agreement Suspending the Antidumping Duty Investigation on Fresh 
Tomatoes From Mexico, 68 FR 62281 (November 3, 2003).
    On November 26, 2007, 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 
their withdrawal from the 2002 Suspension Agreement, effective 90 days 
from the date of their withdrawal letter (i.e., February 24, 2008), or 
earlier, at the Department's discretion. Because, as of February 24, 
2008, the 2002 Suspension Agreement would no longer cover substantially 
all imports of fresh tomatoes from Mexico, the Department published a 
notice of intent to terminate the 2002 Suspension Agreement, intent to 
terminate the five-year sunset review of the suspended investigation, 
and intent to resume the antidumping investigation. See Fresh Tomatoes 
from Mexico: Notice of Intent to Terminate Suspension Agreement, Intent 
to Terminate the Five-Year Sunset Review, and Intent to Resume 
Antidumping Investigation, 72 FR 70820 (December 13, 2007).

Scope of the Investigation

    The merchandise subject to this investigation is all fresh or 
chilled tomatoes (fresh tomatoes) which have Mexico as their origin, 
except for those tomatoes which are for processing. 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. Fresh tomatoes that are imported for cutting 
up, not further processing (e.g., tomatoes used in the preparation of 
fresh salsa or salad bars), are covered by this Agreement.
    Commercially grown tomatoes, both for the fresh market and for 
processing, are classified as Lycopersicon esculentum. Important 
commercial varieties of fresh tomatoes include common round, cherry, 
grape, plum, greenhouse, and pear tomatoes, all of which 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, the written 
description of the scope of this investigation is dispositive.

Period of Investigation

    The period of investigation (POI) is March 1, 1995, through 
February 29, 1996.

Termination of Suspension Agreement

    The 2002 Suspension Agreement 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 November 26, 2007, 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

[[Page 2889]]

the 2002 Suspension Agreement. Pursuant to the terms of the 2002 
Suspension Agreement, signatory growers/exporters may withdraw from the 
agreement upon 90 days written notice to the Department. Therefore, 
these withdrawals from the 2002 Suspension Agreement become effective 
on February 24, 2008, or earlier at the Department's discretion. 
Virtually all imports of fresh tomatoes from Mexico into the United 
States are accounted for by those growers/exporters which have 
withdrawn from the 2002 Suspension Agreement; the few signatories 
remaining in the 2002 Suspension Agreement will not account for 
substantially all of the imports of subject merchandise once the 
withdrawal becomes effective.
    Accordingly, because the 2002 Suspension Agreement will not cover 
substantially all imports of fresh tomatoes from Mexico without the 
participation of the growers/exporters which provided their notice of 
withdrawal on November 26, 2007, the Department is terminating the 2002 
Suspension Agreement, effective January 18, 2008.


Termination of Five-Year Sunset Review

    On November 1, 2007, 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. See Initiation of 
Five-Year (Sunset) Reviews, 72 FR 61861 (November 1, 2007). Because the 
Department is terminating the 2002 Suspension Agreement, there is no 
longer a suspended investigation for which to perform a sunset review. 
Therefore, the Department is terminating the sunset review of the 
suspended LTFV investigation on fresh tomatoes from Mexico, effective 
January 18, 2008.

Resumption of Antidumping Investigation

    With the termination of the 2002 Suspension Agreement, effective 
January 18, 2008, the Department is resuming the underlying antidumping 
investigation, in accordance with section 734(i)(1)(B) of the Act. 
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 January 18, 2008.
    As explained in the Preliminary Determination, 61 FR at 56609, the 
Department postponed the final determination in this investigation 
until the 135th day after the date of the preliminary determination. 
Accordingly, the Department intends to issue its final determination in 
the resumed investigation by June 2, 2008.

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 U.S. Customs and Border Protection 
(CBP) to suspend liquidation of entries of fresh tomatoes from Mexico 
that are entered, or withdrawn from warehouse, for consumption on or 
after January 18, 2008, the effective date of the termination of the 
2002 Suspension Agreement. CBP 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                           margin
                                                              percentage
------------------------------------------------------------------------
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 2002 
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. Any necessary amendments for 
changes in staff must be submitted promptly. Parties must use the APO 
application form in effect at the time of the original investigation, 
Form ITA-367(3.89).
    We are issuing and publishing this determination under section 
733(f) of the Act and 19 CFR 353.15.

    Dated: January 10, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
 [FR Doc. E8-670 Filed 1-15-08; 8:45 am]
BILLING CODE 3510-DS-P