[Federal Register Volume 89, Number 148 (Thursday, August 1, 2024)]
[Notices]
[Pages 62786-62789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16630]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-747 (Fifth Review)]


Fresh Tomatoes From Mexico; Institution of a Five-Year Review

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice that it has instituted a 
review pursuant to the Tariff Act of 1930 (``the Act''), as amended, to 
determine whether termination of the suspended investigation on fresh 
tomatoes from Mexico would be likely to lead to continuation or 
recurrence of material injury. Pursuant to the Act, interested parties 
are requested to respond to this notice by submitting the information 
specified below to the Commission.

DATES: Instituted August 1, 2024. To be assured of consideration, the 
deadline for responses is September 3, 2024. Comments on the adequacy 
of responses may be filed with the Commission by October 10, 2024.

FOR FURTHER INFORMATION CONTACT: Alejandro Orozco (202-205-3177), 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street SW, Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter 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 
proceeding may be viewed on the Commission's electronic docket (EDIS) 
at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 

[[Page 62787]]

    Background.--Effective November 1, 1996, the Department of Commerce 
(``Commerce'') suspended its antidumping duty investigation on imports 
of fresh tomatoes from Mexico (61 FR 56618). Effective the same day, 
the Commission suspended the final phase of its investigation (61 FR 
58217, November 13, 1996). On October 1, 2001, Commerce initiated and 
the Commission instituted their first five-year reviews of the 
suspended investigations (66 FR 49926, 49975). After the withdrawal 
from the suspension agreement by certain Mexican tomato growers, 
Commerce terminated the suspension agreement (67 FR 50858, August 6, 
2002), and both Commerce and the Commission terminated their first 
five-year reviews and resumed their antidumping investigations, 
effective July 30, 2002 (67 FR 53361, August 15, 2002; 67 FR 56854, 
September 5, 2002). On December 16, 2002, Commerce and the Commission 
suspended their resumed investigations when Commerce signed a new 
suspension agreement with certain growers/exporters of fresh tomatoes 
from Mexico (67 FR 77044, December 16, 2002; 67 FR 78815, December 26, 
2002). On November 1, 2007, Commerce initiated and the Commission 
instituted their second five-year reviews of the suspended 
investigations (72 FR 61861, 61903, November 1, 2007). Once again, 
based on the withdrawal from the suspension agreement by certain 
Mexican tomato growers, Commerce terminated the suspension agreement 
(73 FR 2887, January 16, 2008), and both Commerce and the Commission 
terminated their second five-year reviews and resumed their antidumping 
investigations, effective January 18, 2008 (73 FR 2888, January 18, 
2008; 73 FR 5869, January 31, 2008). The resumed antidumping 
investigations were again suspended by Commerce and the Commission when 
Commerce signed a new suspension agreement with certain growers/
exporters of fresh tomatoes from Mexico, effective January 22, 2008 (73 
FR 4831, January 28, 2008; 73 FR 7762, February 11, 2008). On December 
1, 2012, Commerce initiated its third five-year review of the suspended 
investigation (77 FR 71684, December 3, 2012), and on December 3, 2012, 
the Commission instituted its third five-year review of the suspended 
investigation (77 FR 71629, December 3, 2012). Based on the withdrawal 
from the suspension agreement by certain Mexican tomato growers/
exporters, Commerce terminated the suspension agreement and its third 
five-year review of the suspended investigation, and resumed its 
investigation, effective March 1, 2013 (78 FR 14771, March 7, 2013). On 
March 4, 2013, the Commission terminated its review of the suspended 
investigation and resumed the final phase of its investigation (78 FR 
16529, March 15, 2013). Also on March 4, 2013, Commerce signed a new 
agreement with certain growers/exporters of fresh tomatoes from Mexico, 
and again suspended its resumed investigation (78 FR 14967, March 8, 
2013). On March 5, 2013, the Commission suspended its resumed final 
phase investigation (78 FR 16530, March 15, 2013). On February 1, 2018, 
Commerce initiated and the Commission instituted their fourth five-year 
reviews of the suspended investigations (83 FR 4641, 4676, February 1, 
2018). After receipt of a request by the Florida Tomato Exchange, an 
association of domestic growers and packers of fresh tomatoes and a 
petitioner in the original investigation, Commerce terminated the 
suspension agreement and resumed its investigation, effective May 13, 
2019 (84 FR 20858, May 13, 2019). Also on May 7, 2019, the Commission 
terminated its review of the suspended investigation and resumed the 
final phase of its investigation (84 FR 21360, May 14, 2019; 84 FR 
27805, June 14, 2019). On September 19, 2019, Commerce signed a new 
agreement with certain growers/exporters of fresh tomatoes from Mexico, 
and again suspended its resumed investigation (84 FR 49987, September 
24, 2019). On September 24, 2019, the Commission suspended its resumed 
final phase investigation (84 FR 54639, October 10, 2019). Following 
requests submitted by the Florida Tomato Exchange and by Red Sun Farms 
Virginia LLC, Commerce resumed its final investigation and made an 
affirmative determination (84 FR 57401, October 25, 2019). On October 
17, 2019, the Commission continued the final phase of its investigation 
(84 FR 56837, October 23, 2019) and, on December 9, 2019, made an 
affirmative determination (84 FR 67958, December 12, 2019). The 
Commission is now conducting a fifth review pursuant to section 751(c) 
of the Act, as amended (19 U.S.C. 1675(c)), to determine whether 
termination of the suspended investigation would be likely to lead to 
continuation or recurrence of material injury to the domestic industry 
within a reasonably foreseeable time. Provisions concerning the conduct 
of this proceeding may be found in the Commission's Rules of Practice 
and Procedure at 19 CFR part 201, subparts A and B, and 19 CFR part 
207, subparts A and F. The Commission will assess the adequacy of 
interested party responses to this notice of institution to determine 
whether to conduct a full review or an expedited review. The 
Commission's determination in any expedited review will be based on the 
facts available, which may include information provided in response to 
this notice.
    Definitions.--The following definitions apply to this review:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year review, as defined by Commerce.
    (2) The Subject Country in this review is Mexico.
    (3) The Domestic Like Product is the domestically produced product 
or products which are like, or in the absence of like, most similar in 
characteristics and uses with, the Subject Merchandise. In its original 
determination, the Commission defined a single Domestic Like Product 
consisting of all fresh tomatoes coextensive with Commerce's scope.
    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic Like Product, or those producers whose collective output of 
the Domestic Like Product constitutes a major proportion of the total 
domestic production of the product. In its original determination, the 
Commission defined the Domestic Industry to include all domestic 
producers of fresh tomatoes, except for certain domestic producers that 
were excluded as related parties.
    (5) An Importer is any person or firm engaged, either directly or 
through a parent company or subsidiary, in importing the Subject 
Merchandise into the United States from a foreign manufacturer or 
through its selling agent.
    Participation in the proceeding and public service list.--Persons, 
including industrial users of the Subject Merchandise and, if the 
merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the proceeding as parties must 
file an entry of appearance with the Secretary to the Commission, as 
provided in Sec.  201.11(b)(4) of the Commission's rules, no later than 
21 days after publication of this notice in the Federal Register. The 
Secretary will maintain a public service list containing the names and 
addresses of all persons, or their representatives, who are parties to 
the proceeding.
    Former Commission employees who are seeking to appear in Commission 
five-year reviews are advised that they may appear in a review even if 
they participated personally and

[[Page 62788]]

substantially in the corresponding underlying original investigation or 
an earlier review of the same underlying investigation. The 
Commission's designated agency ethics official has advised that a five-
year review is not the same particular matter as the underlying 
original investigation, and a five-year review is not the same 
particular matter as an earlier review of the same underlying 
investigation for purposes of 18 U.S.C. 207, the post-employment 
statute for Federal employees, and Commission rule 201.15(b) (19 CFR 
201.15(b)), 79 FR 3246 (Jan. 17, 2014), 73 FR 24609 (May 5, 2008). 
Consequently, former employees are not required to seek Commission 
approval to appear in a review under Commission rule 19 CFR 201.15, 
even if the corresponding underlying original investigation or an 
earlier review of the same underlying investigation was pending when 
they were Commission employees. For further ethics advice on this 
matter, contact Charles Smith, Office of the General Counsel, at 202-
205-3408.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and APO service list.--
Pursuant to Sec.  207.7(a) of the Commission's rules, the Secretary 
will make BPI submitted in this proceeding available to authorized 
applicants under the APO issued in the proceeding, provided that the 
application is made no later than 21 days after publication of this 
notice in the Federal Register. Authorized applicants must represent 
interested parties, as defined in 19 U.S.C. 1677(9), who are parties to 
the proceeding. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Certification.--Pursuant to Sec.  207.3 of the Commission's rules, 
any person submitting information to the Commission in connection with 
this proceeding must certify that the information is accurate and 
complete to the best of the submitter's knowledge. In making the 
certification, the submitter will acknowledge that information 
submitted in response to this request for information and throughout 
this proceeding or other proceeding may be disclosed to and used: (i) 
by the Commission, its employees and Offices, and contract personnel 
(a) for developing or maintaining the records of this or a related 
proceeding, or (b) in internal investigations, audits, reviews, and 
evaluations relating to the programs, personnel, and operations of the 
Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. 
government employees and contract personnel, solely for cybersecurity 
purposes. All contract personnel will sign appropriate nondisclosure 
agreements.
    Written submissions.--Pursuant to Sec.  207.61 of the Commission's 
rules, each interested party response to this notice must provide the 
information specified below. The deadline for filing such responses is 
5:15 p.m. on September 3, 2024. Pursuant to Sec.  207.62(b) of the 
Commission's rules, eligible parties (as specified in Commission rule 
207.62(b)(1)) may also file comments concerning the adequacy of 
responses to the notice of institution and whether the Commission 
should conduct an expedited or full review. The deadline for filing 
such comments is 5:15 p.m. on October 10, 2024. All written submissions 
must conform with the provisions of Sec.  201.8 of the Commission's 
rules; any submissions that contain BPI must also conform with the 
requirements of Sec. Sec.  201.6, 207.3, and 207.7 of the Commission's 
rules. The Commission's Handbook on Filing Procedures, available on the 
Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates upon the Commission's 
procedures with respect to filings. Also, in accordance with Sec. Sec.  
201.16(c) and 207.3 of the Commission's rules, each document filed by a 
party to the proceeding must be served on all other parties to the 
proceeding (as identified by either the public or APO service list as 
appropriate), and a certificate of service must accompany the document 
(if you are not a party to the proceeding you do not need to serve your 
response).
    Please note the Secretary's Office will accept only electronic 
filings at this time. Filings must be made through the Commission's 
Electronic Document Information System (EDIS, https://edis.usitc.gov). 
No in-person paper-based filings or paper copies of any electronic 
filings will be accepted until further notice.
    No response to this request for information is required if a 
currently valid Office of Management and Budget (``OMB'') number is not 
displayed; the OMB number is 3117 0016/USITC No. 24-5-610, expiration 
date June 30, 2026. Public reporting burden for the request is 
estimated to average 15 hours per response. Please send comments 
regarding the accuracy of this burden estimate to the Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436.
    Inability to provide requested information.--Pursuant to Sec.  
207.61(c) of the Commission's rules, any interested party that cannot 
furnish the information requested by this notice in the requested form 
and manner shall notify the Commission at the earliest possible time, 
provide a full explanation of why it cannot provide the requested 
information, and indicate alternative forms in which it can provide 
equivalent information. If an interested party does not provide this 
notification (or the Commission finds the explanation provided in the 
notification inadequate) and fails to provide a complete response to 
this notice, the Commission may take an adverse inference against the 
party pursuant to Sec.  776(b) of the Act (19 U.S.C. 1677e(b)) in 
making its determination in the review.
    Information to be Provided in Response to This Notice of 
Institution: As used below, the term ``firm'' includes any related 
firms.
    Those responding to this notice of institution are encouraged, but 
not required, to visit the USITC's website at https://usitc.gov/reports/response_noi_worksheet, where one can download and complete the 
``NOI worksheet'' Excel form for the subject proceeding, to be included 
as attachment/exhibit 1 of your overall response.
    (1) The name and address of your firm or entity (including World 
Wide Web address) and name, telephone number, fax number, and Email 
address of the certifying official.
    (2) A statement indicating whether your firm/entity is an 
interested party under 19 U.S.C. 1677(9) and if so, how, including 
whether your firm/entity is a U.S. producer of the Domestic Like 
Product, a U.S. union or worker group, a U.S. importer of the Subject 
Merchandise, a foreign producer or exporter of the Subject Merchandise, 
a U.S. or foreign trade or business association (a majority of whose 
members are interested parties under the statute), or another 
interested party (including an explanation). If you are a union/worker 
group or trade/business association, identify the firms in which your 
workers are employed or which are members of your association.
    (3) A statement indicating whether your firm/entity is willing to 
participate in this proceeding by providing information requested by 
the Commission.
    (4) A statement of the likely effects of the termination of the 
suspended investigation on the Domestic Industry in general and/or your 
firm/entity specifically. In your response, please discuss the various 
factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) 
including the likely volume of

[[Page 62789]]

subject imports, likely price effects of subject imports, and likely 
impact of imports of Subject Merchandise on the Domestic Industry.
    (5) A list of all known and currently operating U.S. producers of 
the Domestic Like Product. Identify any known related parties and the 
nature of the relationship as defined in Sec.  771(4)(B) of the Act (19 
U.S.C. 1677(4)(B)).
    (6) A list of all known and currently operating U.S. importers of 
the Subject Merchandise and producers of the Subject Merchandise in the 
Subject Country that currently export or have exported Subject 
Merchandise to the United States or other countries after 2018.
    (7) A list of 3-5 leading purchasers in the U.S. market for the 
Domestic Like Product and the Subject Merchandise (including street 
address, World Wide Web address, and the name, telephone number, fax 
number, and Email address of a responsible official at each firm).
    (8) A list of known sources of information on national or regional 
prices for the Domestic Like Product or the Subject Merchandise in the 
U.S. or other markets.
    (9) If you are a U.S. producer of the Domestic Like Product, 
provide the following information on your firm's operations on that 
product during calendar year 2023, except as noted (report quantity 
data in pounds and value data in U.S. dollars, f.o.b. plant). If you 
are a union/worker group or trade/business association, provide the 
information, on an aggregate basis, for the firms in which your workers 
are employed/which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total U.S. production of the Domestic Like Product 
accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm to produce the Domestic Like 
Product (that is, the level of production that your establishment(s) 
could reasonably have expected to attain during the year, assuming 
normal operating conditions (using equipment and machinery in place and 
ready to operate), normal operating levels (hours per week/weeks per 
year), time for downtime, maintenance, repair, and cleanup, and a 
typical or representative product mix);
    (c) the quantity and value of U.S. commercial shipments of the 
Domestic Like Product produced in your U.S. plant(s);
    (d) the quantity and value of U.S. internal consumption/company 
transfers of the Domestic Like Product produced in your U.S. plant(s); 
and
    (e) the value of (i) net sales, (ii) cost of goods sold (COGS), 
(iii) gross profit, (iv) selling, general and administrative (SG&A) 
expenses, and (v) operating income of the Domestic Like Product 
produced in your U.S. plant(s) (include both U.S. and export commercial 
sales, internal consumption, and company transfers) for your most 
recently completed fiscal year (identify the date on which your fiscal 
year ends).
    (10) If you are a U.S. importer or a trade/business association of 
U.S. importers of the Subject Merchandise from the Subject Country, 
provide the following information on your firm's(s') operations on that 
product during calendar year 2023 (report quantity data in pounds and 
value data in U.S. dollars). If you are a trade/business association, 
provide the information, on an aggregate basis, for the firms which are 
members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping duties) of U.S. imports and, if known, an estimate of the 
percentage of total U.S. imports of Subject Merchandise from the 
Subject Country accounted for by your firm's(s') imports;
    (b) the quantity and value (f.o.b. U.S. port, including antidumping 
duties) of U.S. commercial shipments of Subject Merchandise imported 
from the Subject Country; and
    (c) the quantity and value (f.o.b. U.S. port, including antidumping 
duties) of U.S. internal consumption/company transfers of Subject 
Merchandise imported from the Subject Country.
    (11) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in the 
Subject Country, provide the following information on your firm's(s') 
operations on that product during calendar year 2023 (report quantity 
data in pounds and value data in U.S. dollars, landed and duty-paid at 
the U.S. port but not including antidumping duties). If you are a 
trade/business association, provide the information, on an aggregate 
basis, for the firms which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in the Subject 
Country accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm(s) to produce the Subject 
Merchandise in the Subject Country (that is, the level of production 
that your establishment(s) could reasonably have expected to attain 
during the year, assuming normal operating conditions (using equipment 
and machinery in place and ready to operate), normal operating levels 
(hours per week/weeks per year), time for downtime, maintenance, 
repair, and cleanup, and a typical or representative product mix); and
    (c) the quantity and value of your firm's(s') exports to the United 
States of Subject Merchandise and, if known, an estimate of the 
percentage of total exports to the United States of Subject Merchandise 
from the Subject Country accounted for by your firm's(s') exports.
    (12) Identify significant changes, if any, in the supply and demand 
conditions or business cycle for the Domestic Like Product that have 
occurred in the United States or in the market for the Subject 
Merchandise in the Subject Country after 2018, and significant changes, 
if any, that are likely to occur within a reasonably foreseeable time. 
Supply conditions to consider include technology; production methods; 
development efforts; ability to increase production (including the 
shift of production facilities used for other products and the use, 
cost, or availability of major inputs into production); and factors 
related to the ability to shift supply among different national markets 
(including barriers to importation in foreign markets or changes in 
market demand abroad). Demand conditions to consider include end uses 
and applications; the existence and availability of substitute 
products; and the level of competition among the Domestic Like Product 
produced in the United States, Subject Merchandise produced in the 
Subject Country, and such merchandise from other countries.
    (13) (OPTIONAL) A statement of whether you agree with the above 
definitions of the Domestic Like Product and Domestic Industry; if you 
disagree with either or both of these definitions, please explain why 
and provide alternative definitions.
    Authority: This proceeding is being conducted under authority of 
title VII of the Tariff Act of 1930; this notice is published pursuant 
to Sec.  207.61 of the Commission's rules.

    By order of the Commission.
    Issued: July 24, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-16630 Filed 7-31-24; 8:45 am]
BILLING CODE 7020-02-P