[Federal Register Volume 78, Number 45 (Thursday, March 7, 2013)]
[Notices]
[Pages 14771-14773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05211]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-820]


Fresh Tomatoes From Mexico: Termination of Suspension Agreement, 
Termination of Five-Year Sunset Review, and Resumption of Antidumping 
Investigation

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

DATES: Effective Date: March 1, 2013.
SUMMARY: On February 28, 2013, 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 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 Julie Santoboni 
at (202) 482-0192 or (202) 482-3063, respectively; Office of Policy, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street & Constitution Avenue NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On February 2, 2013, the Department of Commerce (the Department) 
and Mexican tomato growers/exporters accounting for a significant 
percentage of all fresh tomatoes imported into the United States from 
Mexico initialed a proposed agreement that would suspend a resumed 
antidumping investigation on fresh tomatoes from Mexico. Based on this 
proposed agreement, and the anticipation that the Mexican tomato 
growers/exporters would withdraw from the 2008 Agreement in order to 
enter into a new agreement if an acceptable agreement was reached, the 
Department published a notice of intent to terminate the suspension 
agreement and resume the antidumping investigation, and intent to 
terminate the sunset review on February 8, 2013. (See, Fresh Tomatoes 
from Mexico: Intent to Terminate Suspension Agreement and Resume 
Antidumping Investigation and Intent to Terminate Sunset Review, 78 FR 
9366 (February 8, 2013).
    On February 28, 2013, 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 2008 Suspension Agreement, effective 90 days 
from the date of their withdrawal letter (i.e., May 29, 2013), or 
earlier, at the Department's discretion. The Department is accepting 
the Mexican tomato growers/exporters withdrawal from the 2008 
Suspension Agreement, effective March 1, 2013. Because the suspension 
agreement no longer covers substantially all imports of fresh tomatoes 
from Mexico, the Department of Commerce is terminating the suspension 
agreement, terminating the sunset review of the suspended 
investigation, and resuming the antidumping investigation.

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,

[[Page 14772]]

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 subheading of the Harmonized Tariff 
Schedules of the United States (HTSUS), according to the season of 
importation: 0702. 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 2008 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) (1996).
    On February 28, 2013, 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 2008 Suspension Agreement. Pursuant to the terms of 
the 2008 Suspension Agreement, signatory growers/exporters may withdraw 
from the agreement upon 90 days written notice to the Department. 
Therefore, in accordance with the terms of the 2008 Suspension 
Agreement and the notice of withdrawal from the signatory growers/
exporters, these withdrawals from the 2008 Suspension Agreement become 
effective on May 29, 2013, 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 2008 Suspension Agreement; the few signatories 
remaining in the 2008 Suspension Agreement will not account for 
substantially all of the imports of subject merchandise once the 
withdrawal becomes effective.
    Accordingly, because the 2008 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 February 28, 2013, the Department is terminating the 2008 
Suspension Agreement, effective March 1, 2013.

Termination of Five-Year Sunset Review

    On December 3, 2012, 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'') Review, 77 FR 71684 (December 3, 2012).
    Because the Department is terminating the 2008 Suspension 
Agreement, there is no longer a suspended investigation for which to 
conduct a sunset review. Therefore, the Department is terminating the 
sunset review of the suspended antidumping investigation on fresh 
tomatoes from Mexico, effective March 1, 2013.

Resumption of Antidumping Investigation

    With the termination of the 2008 Suspension Agreement, effective 
March 1, 2013, 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 March 1, 2013.
    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 July 15, 2013, unless the Department and 
the Mexican tomato growers/exporters accounting for substantially all 
fresh tomatoes imported into the United States from Mexico sign an 
agreement that would suspend the resumed antidumping investigation on 
fresh tomatoes from Mexico.

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 March 1, 2013, the effective date of the termination of the 2008 
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                        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 International Trade Commission (ITC) 
of its termination of the 2008 Suspension Agreement, termination of the 
sunset review of the suspended investigation, and resumption of the 
antidumping 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

    Because of the significant changes made to the administrative 
protective order (APO) process since the initial suspension of the 
investigation, the Department will issue a new APO for this resumed 
investigation that will supersede the previously issued firm-specific 
APOs. Those authorized applicants that were granted APOs during the 
original investigation phase, as indicated in the most recent APO 
service list on the Department's Web site, will continue to have access 
to business proprietary information under

[[Page 14773]]

APO. Any new APO applications or necessary amendments for changes in 
staff under the pre-existing APOs should be submitted promptly, and in 
accordance with the Department's regulations currently in effect. See 
section 777(c)(1) of the Act; 19 CFR 351.103, 351.304, 351.305 and 
351.306.
    In addition, because of the significant changes made to the 
Department's filing and certification requirements since the initial 
suspension of the investigation, including the introduction of 
electronic filing, the Department will apply its current regulations 
and practices with regard to filing and certification for purposes of 
this resumed antidumping investigation. See 19 CFR 351.303(b) and (g). 
However, with respect to the procedures for the conduct of this resumed 
investigation generally, including any possible suspension thereof, the 
Department's regulations in effect in 1996 shall govern. See 19 CFR 
351.701; San Vicente Camalu SPR de RI v. United States, 491 F.Supp.2d 
1186 (CIT 2007).
    We are issuing and publishing this determination under section 
733(f) and 734(i) of the Act.

     Dated: March 1, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-05211 Filed 3-6-13; 8:45 am]
BILLING CODE 3510-DS-P