[Federal Register Volume 84, Number 197 (Thursday, October 10, 2019)]
[Notices]
[Pages 54639-54640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22214]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-747 (Final)]


Fresh Tomatoes From Mexico; Suspension of Anti-Dumping 
Investigation

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice that the final phase of its 
antidumping investigation of fresh tomatoes from Mexico is suspended. 
The subject investigation was resumed on May 7, 2019, 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'') 
(84 FR 27805, June 14, 2019). On September 24, 2019, Commerce published 
notice in the Federal Register of the suspension of its antidumping 
investigation on fresh tomatoes from Mexico (84 FR 49987). The basis 
for the suspension is an agreement between Commerce and representatives 
of Mexican producers/exporters accounting for substantially all fresh 
tomatoes imported from Mexico into the United States.

DATES: September 24, 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 individuals are 
advised that information on this matter can be obtained 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: 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,

[[Page 54640]]

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 
resumed its antidumping investigation (84 FR 27805, June 14, 2019). On 
September 24, 2019, Commerce published notice in the Federal Register 
suspending its antidumping investigation on the basis of an agreement 
between Commerce and signatory producers/exporters accounting for 
substantially all imports of fresh tomatoes from Mexico that eliminates 
completely the injurious effects of exports of the subject merchandise 
to the United States (84 FR 49987). Accordingly, the Commission now 
provides notice of the suspension of its antidumping investigation.

    Authority:  This investigation is being suspended under 
authority of title VII of the Tariff Act of 1930 and pursuant to 
section 207.40(b) of the Commission's Rules of Practice and 
Procedure (19 CFR 207.40(b)). This notice is published pursuant to 
section 201.10 of the Commission's rules (19 CFR 201.10).

    By order of the Commission.

    Issued: October 7, 2019.
Jessica Mullan,
Attorney Advisor.
[FR Doc. 2019-22214 Filed 10-9-19; 8:45 am]
BILLING CODE 7020-02-P