Notice2023-05092
Agreement Suspending the Antidumping Duty Investigation on Fresh Tomatoes From Mexico: Final Results of the 2020-2021 Administrative Review
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 13, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 48 (Monday, March 13, 2023)</title>
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[Federal Register Volume 88, Number 48 (Monday, March 13, 2023)]
[Notices]
[Pages 15375-15376]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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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
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