[Federal Register Volume 84, Number 239 (Thursday, December 12, 2019)]
[Notices]
[Pages 67958-67959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26794]


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INTERNATIONAL TRADE COMMISSION

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


Fresh Tomatoes From Mexico

Determination

    On the basis of the record \1\ developed in the subject 
investigation, the United States International Trade Commission 
(``Commission'') determines, pursuant to the Tariff Act of 1930 (``the 
Act''), that an industry in the United States is threatened with 
material injury by reason of imports of fresh tomatoes from Mexico, 
provided for in heading 0702 of the Harmonized Tariff Schedule of the 
United States, that have been found by the U.S. Department of Commerce 
(``Commerce'') to be sold in the United States at less than fair value 
(``LTFV'').2 3 4
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    \1\ The record is defined in sec. 207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR 207.2(f)).
    \2\ 84 FR 57401 (October 25, 2019).
    \3\ The Commission further determines that it would not have 
found material injury by reason of subject imports but for the 
suspension of liquidation of entries of subject merchandise. See 19 
U.S.C. 1673d(b)(4)(B).
    \4\ Chairman David S. Johanson not participating.
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Background

    The Commission instituted this investigation effective April 1, 
1996, following receipt of a petition filed with the Commission and 
Commerce by the Florida Tomato Growers Exchange, Orlando, Florida; the 
Florida Fruit and Vegetable Association, Orlando, Florida; the Florida 
Farm Bureau Federation, Gainesville, Florida; the South Carolina Tomato 
Association, Inc., Charleston, South Carolina; the Gadsden County 
Tomato Growers Association, Inc., Quincy, Florida; the Accomack County 
Farm Bureau, Accomack, Virginia; the Florida Tomato Exchange, Orlando, 
Florida; the Florida Department of Agriculture and Consumer Services, 
Tallahassee, Florida; and the Ad Hoc Group of Florida, California, 
Georgia, Pennsylvania, South Carolina, Tennessee, and Virginia Tomato 
Growers. The Commission scheduled the final phase of its investigation 
following notification of a preliminary determination by Commerce that 
imports of fresh tomatoes from Mexico were being sold at LTFV within 
the meaning of section 733(b) of the Act (19 U.S.C. 1673b(b)).
    The Commission commenced the final phase of its investigation on 
August 21, 1996.\5\ On October 28, 1996, Commerce issued its 
preliminary determination that imports of fresh tomatoes from Mexico 
were being sold at LTFV in the United States and announced that 
Commerce and certain producers/exporters of fresh tomatoes from Mexico 
had signed a suspension agreement.\6\ Also on October 28, 1996, 
Commerce suspended the final phase of its investigation.\7\ On November 
1, 1996, the Commission suspended the final phase of its 
investigation.\8\
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    \5\ 61 FR 46823 (September 5, 1996).
    \6\ 61 FR 56618 (November 1, 1996).
    \7\ 61 FR 56618 (November 1, 1996).
    \8\ 61 FR 58217 (November 13, 1996).
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    On October 1, 2001, the Commission instituted its first five-year 
review to determine whether termination of the suspended investigation 
on fresh tomatoes from Mexico would likely lead to a continuation or 
recurrence of material injury.\9\ On January 4, 2002, the Commission 
determined that it would conduct a full review concerning the suspended 
investigation on fresh tomatoes from Mexico.\10\ On July 30, 2002, 
Commerce terminated the suspension agreement, and Commerce and the 
Commission terminated their reviews of the suspended investigation and 
resumed their final phase antidumping investigations.\11\ On December 
16, 2002, Commerce and the Commission suspended their resumed final 
phase investigations when Commerce signed a new suspension agreement 
with certain growers/exporters of fresh tomatoes from Mexico.\12\
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    \9\ 66 FR 49975 (October 1, 2001).
    \10\ 67 FR 3229 (January 23, 2002)
    \11\ 67 FR 50858 (August 6, 2002); 67 FR 53361 (August 15, 
2002); 67 FR 5685 (September 5, 2002).
    \12\ 67 FR 77044 (December 16, 2002); 67 FR 78815 (December 26, 
2002).
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    On November 1, 2007, the Commission instituted its second five-year 
review to determine whether

[[Page 67959]]

termination of the suspended investigation on fresh tomatoes from 
Mexico would likely lead to a continuation or recurrence of material 
injury.\13\ On January 18, 2008, Commerce terminated the suspension 
agreement, and Commerce and the Commission terminated their reviews of 
the suspended investigation and resumed their final phase antidumping 
investigations.\14\ On January 22, 2008, Commerce and the Commission 
again suspended their resumed final phase investigations when Commerce 
signed a new suspension agreement with certain growers/exporters of 
fresh tomatoes from Mexico.\15\
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    \13\ 72 FR 61903 (November 1, 2007).
    \14\ 73 FR 2887 (January 16, 2008); 73 FR 5869 (January 31, 
2008).
    \15\ 73 FR 4831 (January 28, 2008); 73 FR 7762 (February 11, 
2008).
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    On December 3, 2012, the Commission instituted its third five-year 
review to determine whether termination of the suspended investigation 
on fresh tomatoes from Mexico would likely lead to continuation or 
recurrence of material injury.\16\ On March 1, 2013, Commerce 
terminated the suspension agreement and its review of the suspended 
investigation and resumed its final phase antidumping 
investigation.\17\ On March 4, 2013, the Commission terminated its 
review of the suspended investigation and resumed its final phase 
antidumping investigation.\18\ Also on March 4, 2013, Commerce signed a 
new suspension agreement with certain grower/exporters of fresh 
tomatoes from Mexico and again suspended its resumed final phase 
antidumping investigation.\19\ On March 5, 2013, the Commission again 
suspended its resumed final phase antidumping investigation.\20\
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    \16\ 77 FR 71629 (December 3, 2012).
    \17\ 78 FR 14771 (March 7, 2013).
    \18\ 78 FR 16529 (March 15, 2013).
    \19\ 78 FR 14967 (March 8, 2013).
    \20\ 78 FR 16530 (March 15, 2013).
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    On February 1, 2018, the Commission instituted its fourth five-year 
review to determine whether termination of the suspended investigation 
on fresh tomatoes from Mexico would likely lead to continuation or 
recurrence of material injury.\21\ On May 7, 2019, Commerce terminated 
the suspension agreement and its review of the suspended investigation 
and resumed its final phase antidumping investigation.\22\ Also on May 
7, 2019, the Commission terminated its review of the suspended 
investigation and resumed its final phase antidumping 
investigation.\23\ On September 19, 2019, Commerce signed a new 
suspension agreement with certain grower/exporters of fresh tomatoes 
from Mexico and again suspended its resumed final phase antidumping 
investigation.\24\ On September 24, 2019, the Commission again 
suspended its resumed final phase antidumping investigation.\25\
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    \21\ 83 FR 4676 (February 1, 2018).
    \22\ 84 FR 20858 (May 13, 2019).
    \23\ 84 FR 21360 (May 14, 2019); 84 FR 27805 (June 14, 2019).
    \24\ 84 FR 49987 (September 24, 2019).
    \25\ 84 FR 54639 (September 24, 2019).
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    On October 11 and 15, 2019, Commerce received timely requests, 
pursuant to section 734(g) of the Tariff Act of 1930 (19 U.S.C. 
1673c(g)), to continue its antidumping investigation on fresh tomatoes 
from Mexico and resumed its final investigation.\26\ On October 17, 
2019, the Commission, therefore, continued its antidumping 
investigation. Notice of the scheduling of the continuation of the 
final phase of the Commission's investigation and of a public hearing 
to be held in connection therewith was given by posting copies of the 
notice in the Office of the Secretary, U.S. International Trade 
Commission, Washington, DC, and by publishing the notice in the Federal 
Register of October 23, 2019 (84 FR 56837). The hearing was held in 
Washington, DC, on October 24, 2019, and all persons who requested the 
opportunity were permitted to appear in person or by counsel.
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    \26\ 84 FR 57401 (October 25, 2019).
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    The Commission made this determination pursuant to section 735(b) 
of the Act (19 U.S.C. 1673d(b)). It completed and filed its 
determination in this investigation on December 9, 2019. The views of 
the Commission are contained in USITC Publication 5003 (December 2019), 
entitled Fresh Tomatoes from Mexico: Investigation No. 731-TA-747 
(Final).

    By order of the Commission.

    Issued: December 9, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-26794 Filed 12-11-19; 8:45 am]
 BILLING CODE 7020-02-P