[Federal Register Volume 84, Number 115 (Friday, June 14, 2019)]
[Notices]
[Pages 27805-27806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12535]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-747 (Final)]
Fresh Tomatoes From Mexico; Resumption of the Final Phase of an
Anti-Dumping Duty Investigation
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the resumption of the
final phase of antidumping investigation No. 731-TA-747 (Final)
pursuant to the Tariff Act of 1930 (``the Act'') to determine whether
an industry in the United States is materially injured or threatened
with material injury, or the establishment of an industry in the United
States is materially retarded, by reason of imports of fresh tomatoes
from Mexico preliminarily determined by the Department of Commerce
(``Commerce'') to be sold at less than fair value (``LTFV'').\1\
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\1\ For purposes of this investigation, Commerce has defined the
subject merchandise as all fresh or chilled tomatoes (fresh
tomatoes) which have Mexico as their origin, except for those
tomatoes which are 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. 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 the investigation.
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 subheading of the Harmonized Tariff
Schedule 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.
Fresh Tomatoes from Mexico: Termination of Suspension Agreement,
Rescission of Administrative Review, and Continuation of the
Antidumping Duty Investigation. 84 FR 20858, 20860 May 13, 2019.
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DATES: May 7, 2019.
FOR FURTHER INFORMATION CONTACT: Christopher W. Robinson ((202) 205-
2542), Office of Investigations, U.S. International Trade Commission,
500 E Street SW, Washington, DC 20436. Hearing-impaired persons can
obtain information on this matter by contacting the Commission's TDD
terminal on 202-205-1810. Persons with mobility impairments who will
need special assistance in gaining access to the Commission should
contact the Office of the Secretary at 202-205-2000. General
information concerning the Commission may also be obtained by accessing
its internet server (https://www.usitc.gov). The public record for this
investigation may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.--On April 1, 1996, the Commission instituted a
preliminary antidumping investigation in response to a petition filed
by 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 (61 FR 15968, April
10, 1996). On May 16, 1996, the Commission notified Commerce of its
affirmative preliminary injury determination (61 FR 28891, June 6,
1996). On October 28, 1996, Commerce preliminarily determined that
imports of fresh tomatoes from Mexico were being sold at LTFV in the
United States (61 FR 56608, November 1, 1996). Also on October 28,
1996, Commerce and certain growers/exporters of fresh tomatoes from
Mexico signed a final suspension agreement (61 FR 56618, November 1,
1996). Accordingly, effective November 1, 1996, the Commission
suspended its antidumping investigation (61 FR 58217, November 13,
1996).
On October 1, 2001, Commerce initiated and the Commission
instituted their first five-year reviews to determine whether
termination of the suspended investigation on fresh tomatoes from
Mexico would likely lead to a continuation or recurrence of material
injury (66 FR 49926, 66 FR 49975). On July 30, 2002, Commerce
terminated the suspension agreement and its first review and resumed
its antidumping investigation (67 FR 50858, August 6, 2002).
Accordingly, the Commission terminated its first review on July 30,
2002 (67 FR 53361, August 15, 2002) and resumed its antidumping
investigation (67 FR 56854, September 5, 2002). On December 16, 2002,
Commerce and the Commission suspended their resumed antidumping
investigations when Commerce signed a new suspension agreement with
certain growers/exporters of fresh tomatoes from Mexico (67 FR 77044;
67 FR 78815, December 26, 2002).
On November 1, 2007, Commerce initiated and the Commission
instituted their second five-year reviews of the suspended
investigation (72 FR 61861, 72 FR 61905). Commerce terminated the
suspension agreement and its second review and resumed its antidumping
investigation, effective January 18, 2008 (73 FR 2887, January 16,
2008). The Commission consequently terminated its second review of the
suspended investigation and resumed its antidumping investigation,
effective January 18, 2008 (73 FR 5869, January 31, 2008). The
antidumping investigation was suspended effective January 22, 2008,
when Commerce signed a new suspension agreement with certain growers/
exporters of fresh tomatoes from Mexico (73 FR 4831, January 28, 2008;
73 FR 7762, February 11, 2008).
On December 3, 2012, Commerce initiated and the Commission
instituted their third five-year reviews of the suspended investigation
(77 FR 71684, 77 FR 71629). On March 1, 2013, Commerce terminated the
suspension agreement and its third review and resumed its antidumping
investigation (78 FR 14771, March 7, 2013). On March 4, 2013, the
Commission terminated its third review and resumed its antidumping
investigation (78 FR 16529, March 15, 2013). Also on March 4, 2013,
Commerce signed a new suspension agreement with certain grower/
exporters of fresh tomatoes from Mexico and suspended its antidumping
investigation (78 FR 14967, March 8, 2013). Effective March 4, 2013,
the Commission suspended its antidumping investigation (78 FR 16529,
March 15, 2013).
On February 1, 2018, Commerce initiated and the Commission
instituted their fourth five-year reviews of the suspended
investigation (83 FR 4641, 83 FR 4676). On May 7, 2019, Commerce
terminated the suspension agreement and resumed its antidumping
investigation (84 FR 20858, May 13, 2019). Effective May 7, 2019, the
Commission terminated its fourth review (84 FR 21360, May 14, 2019) and
has resumed its antidumping investigation.
A schedule for the final phase of this investigation will be issued
at a later date.
Authority: This investigation is being conducted under authority
of title VII of the Tariff Act of 1930; this notice is published
pursuant to section 207.21 of the Commission's rules.
By order of the Commission.
Issued: June 10, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-12535 Filed 6-13-19; 8:45 am]
BILLING CODE 7020-02-P