[Federal Register Volume 88, Number 48 (Monday, March 13, 2023)]
[Notices]
[Pages 15375-15376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05092]



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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-820]


Agreement Suspending the Antidumping Duty Investigation on Fresh 
Tomatoes From Mexico: Final Results of the 2020-2021 Administrative 
Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that the 
respondents selected for individual examination, respectively, 
International Greenhouse Produce, S.A. de C.V. (IGP) and Negocio 
Agricola San Enrique, S.A. de C.V. (NASE) (collectively, respondents), 
were in compliance with the terms of the 2019 Agreement Suspending the 
Antidumping Duty Investigation on Fresh Tomatoes from Mexico (2019 
Agreement) during the period of review (POR) from September 1, 2020, 
through August 31, 2021, except for certain instances of inadvertent or 
inconsequential noncompliance. Commerce also determines that the 2019 
Agreement met the applicable statutory requirements during the POR.

DATES: Applicable March 13, 2023.

FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or David Cordell, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-0162 or (202) 482-0408, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 7, 2022, Commerce published the Preliminary Results of 
this administrative review.\1\ On November 7, 2022, a member of the 
U.S. petitioning industry, the Florida Tomato Exchange (FTE), and IGP 
filed case briefs.\2\ On November 18, 2022, FTE filed a rebuttal brief 
and the respondents filed a joint rebuttal brief.\3\ On January 23, 
2023, Commerce extended the deadline for the final results to March 6, 
2023.\4\
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    \1\ See Agreement Suspending the Antidumping Duty Investigation 
on Fresh Tomatoes from Mexico; Preliminary Results of 2020-2021 
Administrative Review, 87 FR 60994 (October 7, 2022) (Preliminary 
Results).
    \2\ See FTE's Letter, ``Case Brief on Behalf of the Florida 
Tomato Exchange,'' dated November 7, 2022; IGP's Letter, ``Case 
Brief of International Greenhouse Produce, S.A. de C.V.,'' dated 
November 7, 2022.
    \3\ See FTE's Letter, ``Rebuttal Brief on Behalf of the Florida 
Tomato Exchange,'' dated November 18, 2022; Respondents' Letter, 
``Rebuttal Brief of International Greenhouse Produce, S.A. de C.V. 
and Negocio Agricola San Enrique S.A. de C.V.,'' dated November 18, 
2022.
    \4\ See Memorandum, ``Extension of Deadline for Final Results of 
the Administrative Review of the Agreement Suspending the 
Antidumping Duty Investigation on Fresh Tomatoes from Mexico (2019 
Agreement),'' dated January 23, 2023.
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Scope of 2019 Agreement

    The merchandise subject to this 2019 Agreement is all fresh or 
chilled tomatoes (fresh tomatoes) which have Mexico as their origin, 
except for those tomatoes which are for processing. For purposes of 
this 2019 Agreement, 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. In Appendix F of this 2019 Agreement, 
Commerce has outlined the procedure that Signatories must follow for 
selling subject merchandise for processing. 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 this 2019 
Agreement. 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 2019 Agreement. Tomatoes imported from Mexico covered by this 2019 
Agreement are classified under the following subheading of the 
Harmonized Tariff Schedules of the United States (HTSUS), according to 
the season of importation: 0702. Although this HTSUS number is provided 
for convenience and customs purposes, the written description of the 
scope of this Agreement is dispositive.
    A full description of the scope of the order is also contained in 
the Issues and Decision Memorandum.\5\
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    \5\ See Memorandum, ``Decision Memorandum for the Final Results 
of the 2020-2021 Administrative Review: Fresh Tomatoes from 
Mexico,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
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Analysis

    Commerce continues to find, based on record evidence, that the 
selected respondents, IGP and NASE, were generally in compliance with 
the terms of the 2019 Agreement during the POR, with the exception of 
certain inconsequential or inadvertent non-compliance. We intend to 
consult with the Signatories to the 2019 Agreement under Section VII.G 
(Operations Consultations) to address the non-compliance identified in 
the review. Overall, Commerce finds that there have been no material or 
consequential violations of the 2019 Agreement by the selected 
respondents during the POR. We also determine that the 2019 Agreement 
is preventing price suppression or undercutting and can be effectively 
monitored.
    The issues raised in the case and rebuttal briefs are addressed in 
the accompanying Issues and Decision Memorandum and business 
proprietary memorandum.\6\ The issues are identified in the Appendix to 
this notice. The Issues and Decision Memorandum is a public document 
and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \6\ Id.; see also Memorandum, ``Final Analysis of Proprietary 
Information and Argument Regarding International Greenhouse Produce, 
S.A. de C.V.,'' dated concurrently with, and hereby adopted by, this 
notice.
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Notification Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 
written notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    We are issuing and publishing these results of review in accordance 
with sections 751(a)(l) and 777(i)(l) of the Act and 19 CFR 351.213 and 
19 CFR 351.221(b)(5).

    Dated: March 6, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

Issues and Decision Memorandum

I. Summary
II. Scope of the Agreement
III. Background
IV. Discussion of the Issues
    1. Calculation Methodology for Analysis of Compliance With 
Section VI of the 2019 Agreement

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    2. Classification of Certain U.S. Sales
    3. Alleged Violations of the 2019 Agreement and Requests for 
Enforcement
    4. Reporting Regarding Certain Transactions
    5. Adjustments Under Appendix D Based on an Inspection Requested 
by a Downstream Customer
    6. Request for Collection of Cost Data in Future Reviews
V. Recommendation

[FR Doc. 2023-05092 Filed 3-10-23; 8:45 am]
BILLING CODE 3510-DS-P