[Federal Register Volume 85, Number 23 (Tuesday, February 4, 2020)]
[Notices]
[Pages 6143-6144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02166]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-820]
Fresh Tomatoes From Mexico: Notification of Implementation of
Inspection Program
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce
DATES: Applicable February 4, 2020.
SUMMARY: The Department of Commerce (Commerce) hereby notifies the
public and members of the trade community of the implementation of the
inspection program established by Section VII.C of the 2019 Agreement
Suspending the Antidumping Duty Investigation on Fresh Tomatoes from
Mexico (2019 Suspension Agreement). Implementation of the Section VII.C
inspection program will begin 60 days from the date of publication of
this notice. Beginning 60 days from the date of publication of this
notice, certain fresh tomatoes from Mexico shall be subject to a United
States Department of Agriculture (USDA) inspection for quality and
condition defects.
FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or David Cordell at
(202) 482-0162 or (202) 482-0408, respectively; Bilateral Agreements
Unit, Office of Policy, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On September 19, 2019, Commerce and signatory producers/exporters
accounting for substantially all imports of fresh tomatoes from Mexico
signed the 2019 Suspension Agreement.\1\ Section VII.C of the 2019
Suspension Agreement states: ``Beginning approximately (and no less
than) six months from the Effective Date of the Agreement, all loads of
subject merchandise, as specified in paragraph 2 of this section, shall
be subject to a USDA inspection for quality and condition defects near
the border after entering the United States. Commerce will consult with
USDA on the development and implementation of the inspection program.
The trade community will have at least 60 days'
[[Page 6144]]
advance notice prior to implementation of the inspection program.'' \2\
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\1\ See Fresh Tomatoes From Mexico: Suspension of Antidumping
Duty Investigation, 84 FR 49987 (September 24, 2019) (2019
Suspension Agreement).
\2\ See Section VII.C.1 of the 2019 Suspension Agreement.
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Scope of Agreement
See Section I, Product Coverage, of the 2019 Suspension Agreement.
Notification
Consistent with the 2019 Suspension Agreement, this Federal
Register notice provides 60 days' advance notice prior to the
implementation of the inspection program, which has been developed by
USDA, in consultation with Commerce, as specified in the 2019
Suspension Agreement. The inspection program, as outlined in Section
VII.C of the 2019 Suspension Agreement, will begin 60 days from the
date of publication of this notice. Beginning 60 days from the date of
publication of this notice, all Fresh Tomatoes from Mexico, with the
exception of Tomatoes on the Vine, Specialty tomatoes, and grape
tomatoes in retail packages of 2 pounds or less, shall be subject to a
USDA inspection for quality and condition defects consistent with
Section VII.C of the 2019 Suspension Agreement, and in accordance with
USDA procedures as determined by USDA.\3\ (See Section II of the 2019
Suspension Agreement for definitions of certain terms in the preceding
sentence.)
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\3\ For avoidance of doubt, all loads of Fresh Tomatoes from
Mexico that are inspected pursuant to a USDA marketing order are not
required to also be inspected pursuant to the inspection program
under this section VII.C. See id.
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As provided in the 2019 Suspension Agreement, importers of tomatoes
subject to inspection must request the USDA inspection and pay the
associated USDA fees.\4\ USDA will perform inspections (an unrestricted
certification) in accordance with its normal practice to determine
quality, condition, and grade pursuant to the appropriate USDA standard
covering fresh tomatoes and greenhouse tomatoes and using shipping
point tolerances.\5\ After the USDA inspection, the importer will
receive an inspection certificate, which must be maintained by the
importer and is subject to submission to, and verification by,
Commerce, consistent with the importer's contractual obligation with
the Signatory.\6\ If a lot of Signatory tomatoes has more defects than
the tolerances established in the USDA standards, then the importer may
opt either to recondition and re-inspect the lot, or return it to
Mexico, consistent with the requirements of the 2019 Suspension
Agreement.\7\
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\4\ See Section VII.C.2 of the 2019 Suspension Agreement.
\5\ See Section VII.C.3 of the 2019 Suspension Agreement.
\6\ See Section VII.C.4 of the 2019 Suspension Agreement.
\7\ See id.
Dated: January 30, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-02166 Filed 2-3-20; 8:45 am]
BILLING CODE 3510-DS-P