[Federal Register Volume 77, Number 191 (Tuesday, October 2, 2012)]
[Notices]
[Pages 60103-60105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24283]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-820]


Fresh Tomatoes From Mexico: Notice of Preliminary Results of 
Changed Circumstances Review and Intent To Terminate the Suspended 
Antidumping Investigation

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On January 22, 2008, the Department of Commerce (the 
Department) signed the current suspension agreement on fresh tomatoes 
with growers/exporters of Mexican tomatoes accounting for substantially 
all (i.e., not less than 85 percent) of Mexico's tomato exports to the 
United States. The agreement covers all fresh or chilled tomatoes of 
Mexican origin, except tomatoes that are for processing. On June 22, 
2012, the U.S. petitioners in the suspended antidumping duty 
investigation filed a request for withdrawal of the petition and 
termination of the investigation and the suspension agreement. On 
August 21, 2012, the Department published a notice of initiation of 
changed circumstances review to examine the petitioners' request to 
terminate the suspended investigation. See Fresh Tomatoes from Mexico: 
Notice of Initiation of Changed Circumstances Review, 77 FR 50554 
(August 21, 2012) and Correction: Fresh Tomatoes From Mexico: Notice of 
Initiation of Changed Circumstances Review and Consideration of 
Termination of Suspended Investigation, 77 FR 50556 (August 21, 2012) 
(collectively, Initiation Notice). In the Initiation Notice we invited 
interested parties to submit comments for the Department's 
consideration by September 4, 2012. We have considered the comments 
received by September 4, 2012, and, for the reasons stated in this 
notice and in the accompanying decision memorandum, the Department is 
notifying the public of our preliminary intent to terminate the 
suspended investigation. If the suspended investigation is terminated 
in the final results of this review, the

[[Page 60104]]

suspension agreement will also terminate, effective on the date of 
publication of the notice of final results of the changed circumstances 
review in the Federal Register. Interested parties are invited to 
comment on these preliminary results.

DATES: Effective October 2, 2012.

FOR FURTHER INFORMATION CONTACT: Judith Wey Rudman, Julie Santoboni, or 
Anne D'Alauro, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-
0192, (202) 482-3063, or (202) 482-4830, respectively.

SUPPLEMENTAL INFORMATION: 

Background

    On August 21, 2012, the Department published a notice of initiation 
of changed circumstances review to examine the petitioners' request to 
terminate the suspended investigation. See Initiation Notice. In the 
Initiation Notice we invited interested parties to submit comments for 
the Department's consideration by September 4, 2012. Interested parties 
were requested to address the issue of industry support in their 
comments.
    On September 4, 2012, we received comments from the Florida Tomato 
Exchange (FTE) and the Florida Tomato Growers Exchange (FTGE), Village 
Farms, Windset Farms and Houwelings Nurseries Oxnard Inc. 
(collectively, ``domestic producers''); CAADES Sinaloa, A.C., Consejo 
Agricola de Baja California, A.C., Asociacion Mexicana de Horticultura 
Protegida, A.C., Union Agricola Regional de Sonora Productores de 
Hortalizas Frutas y Legtunbres, and Confederacion Nacional de 
Productores de Hortalizas, (collectively, ``Mexican tomato growers/
exporters''); San Vincente Camalu S.P.R. de R.I.; NatureSweet Ltd.; 
McEntire Produce; the Fresh Produce Association of the Americas; Wal-
Mart; Grant County Foods, LLC; the Government of Mexico; and the Texas 
International Produce Association. For additional background 
information, please see ``Decision Memorandum: Preliminary Results of 
Changed Circumstances Review and Intent to Terminate the Suspended 
Investigation'' (Preliminary Decision Memorandum) from Lynn Fischer 
Fox, Deputy Assistant Secretary for Policy and Negotiations, to Paul 
Piquado, Assistant Secretary for Import Administration, dated 
concurrently with these results and hereby adopted by this notice.

Scope of the Suspended Investigation

    The merchandise subject to the suspended investigation is all fresh 
or chilled tomatoes (fresh tomatoes) which have Mexico as their origin, 
except for those tomatoes which are for processing. The merchandise 
subject to the suspended investigation is currently 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 the suspended investigation, available at Suspension of 
Antidumping Investigation: Fresh Tomatoes from Mexico, 73 FR 4832 
(January 28, 2008), is dispositive.

Preliminary Results of Changed Circumstances Review and Intent to 
Terminate the Suspended Investigation

    When examining the domestic industry's interest in an order or 
suspended investigation, both the Tariff Act of 1930, as amended (the 
Act), and the Department's regulations require that ``substantially 
all'' domestic producers express a lack of interest in the order or 
suspension agreement for revocation of an order or termination of a 
suspended investigation. See 782(h) of the Act and 19 CFR 222(g). The 
Department has interpreted ``substantially all'' to represent producers 
accounting for at least 85 percent of U.S. production of the domestic 
like product. Certain Orange Juice from Brazil: Preliminary Results of 
Antidumping Duty Changed Circumstances Review and Intent Not to Revoke, 
In Part, 73 FR 60241, 60242 (October 10, 2008), unchanged in Certain 
Orange Juice From Brazil: Final Results of Antidumping Duty Changed 
Circumstances Review, 74 FR 4733 (January 27, 2009).
    On September 4, 2012, the domestic producers expressing a lack of 
interest in continuing the suspended investigation provided information 
regarding the percentage of domestic production that they represent. 
The domestic producers submitted signed declarations from 80 U.S. 
tomato producers accounting for slightly over 90 percent of U.S. 
production in 2011, based on information from the U.S. Department of 
Agriculture's Economic Research Service ``Vegetables and Pulses 
Yearbook Data'' (Yearbook). In their September 4, 2012, comments, the 
Mexican tomato growers/exporters argued that the USDA data historically 
used by the petitioners does not capture total U.S. fresh tomato 
production. We have considered the arguments raised by interested 
parties and find that the USDA Yearbook is an objective and reliable 
source for 2011 U.S. tomato production for purposes of determining 
industry support in these preliminary results. While we recognize that 
there are limitations with the USDA data, as discussed in the 
Preliminary Decision Memorandum, we do not find that these limitations 
are sufficiently significant as to preclude us from using it to 
calculate industry support in this instance.
    We have considered the information provided by the domestic 
producers and the September 4, 2012, comments of interested parties and 
find that, for purposes of these preliminary results, the domestic 
producers expressing a lack of interest in the suspended investigation 
account for substantially all, i.e., not less than 85 percent, of the 
production of fresh tomatoes in the United States, based on the best 
publicly available production data. For a detailed discussion of this 
issue and the comments received from interested parties, see the 
Preliminary Decision Memorandum.
    In light of the above, the Department is preliminarily notifying 
the public of its intent to terminate the suspended investigation on 
fresh tomatoes from Mexico.
    The Department will consider new factual information from 
interested parties submitted on the record within 15 days of 
publication of this notice in the Federal Register. The Department will 
consider factual information from interested parties to rebut, clarify, 
or correct information placed on the record that is submitted not later 
than five days after the time limit for filing new factual information. 
For each piece of factual information submitted, the interested party 
must provide a written explanation of what information that is already 
on the record of the ongoing proceeding that the factual information is 
rebutting, clarifying, or correcting.

Public Comment

    Interested parties are invited to comment on the preliminary 
results of this review. The Department will consider case briefs filed 
by interested parties within 30 days after the date of publication of 
this notice in the Federal Register.\1\ Interested parties may file 
rebuttal briefs, limited to issues raised in the case briefs.\2\ The 
Department will consider rebuttal briefs filed not later than ten days 
after the time limit for

[[Page 60105]]

filing case briefs. Parties who submit arguments are requested to 
submit with each argument a statement of the issue, a brief summary of 
the argument, and a table of authorities cited.
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    \1\ See 19 CFR 351.309(c)(1)(ii).
    \2\ See 19 CFR 351.309(d).
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    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request to the Assistant 
Secretary for Import Administration, U.S. Department of Commerce, filed 
electronically using Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (IA ACCESS). 
An electronically filed document requesting a hearing must be received 
successfully in its entirety by the Department's electronic records 
system, IA ACCESS, by 5 p.m. Eastern Time within 30 days after the date 
of publication of this notice.\3\ Requests should contain the party's 
name, address, and telephone number, the number of participants, and a 
list of the issues to be discussed. If a request for a hearing is made, 
the Department will inform parties of the scheduled date for the 
hearing which will be held at the U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230, at a time and 
location to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing.
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    \3\ See 19 CFR 351.310(c).
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    The Department will issue the final results of this changed 
circumstances review, which will include the results of its analysis 
raised in any such written comments, as soon as is practicable, but not 
later than 270 days after the date on which this review was initiated. 
See 19 CFR 351.216(e).
    If the suspended investigation is terminated in the final results 
of this review, the suspension agreement will also terminate, effective 
on the date of publication of the notice of final results of the 
changed circumstances review in the Federal Register.
    These preliminary results of review and notice are in accordance 
with sections 751(b) of the Act and 19 CFR 351.216, 351.221(c)(3), and 
351.222.

    Dated: September 27, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-24283 Filed 10-1-12; 8:45 am]
BILLING CODE 3510-DS-P