[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