Notice2023-22367
Agreement Suspending the Antidumping Duty Investigation on Fresh Tomatoes From Mexico; Preliminary Results of 2021-2022 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
October 10, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that the respondents selected for individual examination, Ceuta Produce S de R.L. de C.V. and its affiliate, Rancho la Memoria, S. de R.L. de C.V. (collectively, Ceuta) and Valores Horticolas Del Pacifico S.A. De C.V. (VALHPAC), complied with the Agreement Suspending the Antidumping Duty (AD) Investigation on Fresh Tomatoes from Mexico (2019 Agreement), for the period of review (POR) September 1, 2021, through August 31, 2022, except for certain instances of inconsequential and/or inadvertent noncompliance. We preliminarily determine that such noncompliance does not materially frustrate the purposes of the 2019 Agreement. Commerce also preliminarily determines that the 2019 Agreement continued to meet the statutory requirements under sections 734(c) and (d) of the Tariff Act of 1930, as amended (the Act) during the POR.
Full Text
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<title>Federal Register, Volume 88 Issue 194 (Tuesday, October 10, 2023)</title>
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[Federal Register Volume 88, Number 194 (Tuesday, October 10, 2023)]
[Notices]
[Pages 69899-69901]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22367]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-820]
Agreement Suspending the Antidumping Duty Investigation on Fresh
Tomatoes From Mexico; Preliminary Results of 2021-2022 Administrative
Review
AGENCY: Enforcement & Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that the respondents selected for individual examination,
Ceuta Produce S de R.L. de C.V. and its affiliate, Rancho la Memoria,
S. de R.L. de C.V. (collectively, Ceuta) and Valores Horticolas Del
Pacifico S.A. De C.V. (VALHPAC), complied with the Agreement Suspending
the Antidumping Duty (AD) Investigation on Fresh Tomatoes from Mexico
(2019 Agreement), for the period of review (POR) September 1, 2021,
through August 31, 2022, except for certain instances of
inconsequential and/or inadvertent noncompliance. We preliminarily
determine that such
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noncompliance does not materially frustrate the purposes of the 2019
Agreement. Commerce also preliminarily determines that the 2019
Agreement continued to meet the statutory requirements under sections
734(c) and (d) of the Tariff Act of 1930, as amended (the Act) during
the POR.
DATES: Applicable October 10, 2023.
FOR FURTHER INFORMATION CONTACT: David Cordell or Walter C. Schaub,
Enforcement & Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230, telephone: (202) 482-0408 or (202) 482-0907, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 19, 2019, Commerce signed an agreement under section
734(c) of the Act, with representatives of Mexican fresh tomato
producers/exporters accounting for substantially all imports of fresh
tomatoes from Mexico,\1\ suspending the AD investigation on fresh
tomatoes from Mexico.\2\
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\1\ The Mexican Grower Associations include:
Confederaci[oacute]n de Asociaciones Agr[iacute]colas del Esta de
Sinaloa, A.C., Consejo Agr[iacute]cola de Baja California,
Asociaci[oacute]n de Productores de Hortalizas del Yaqui y Mayo and
Sistema Producto Tomate (collectively, Mexican Growers
Associations). Members of the Mexican Grower Associations are
Signatories to the 2019 Agreement (Mexican Signatories).
\2\ See Fresh Tomatoes from Mexico: Suspension of Antidumping
Duty Investigation, 84 FR 49987 (September 24, 2019) (2019
Agreement).
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On September 29, 2022, the Florida Tomato Exchange (FTE), a member
of the U.S. petitioning industry, filed a request for an administrative
review of the 2019 Agreement. Commerce published notice of its
initiation of the review on November 3, 2022.\3\ On January 30, 2022,
Commerce selected mandatory respondents and issued questionnaires to
two respondents, listed here in alphabetical order: Ceuta and
VALHPAC.\4\
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\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 66275 (November 3, 2022).
\4\ See Memorandum, ``Respondent Selection,'' dated January 30,
2023.
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Scope of the 2019 Agreement
Merchandise covered by the 2019 Agreement is typically classified
under the following subheading of the Harmonized Tariff Schedules of
the United States (HTSUS), according to the season of importation:
0702. The tariff classification is provided for convenience and customs
purposes; however, the written description of the scope of this 2019
Agreement is dispositive.\5\
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\5\ For a complete description of the scope of the 2019
Agreement, see Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2021-2022 Administrative Review: Fresh Tomatoes from
Mexico,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Methodology and Preliminary Results
Commerce has conducted this review in accordance with section
751(a)(1)(C) of the Act, which specifies that Commerce shall ``review
the current status of, and compliance with, any agreement by reason of
which an investigation was suspended.'' In this case, Commerce and
representatives of the Mexican tomato producers/exporters accounting
for substantially all imports of fresh tomatoes from Mexico signed the
2019 Agreement, which suspended the underlying AD investigation, on
September 19, 2019. Pursuant to the 2019 Agreement, the Mexican
Signatories agreed to sell subject merchandise at or above certain
minimum reference prices, and that their pricing would eliminate at
least 85 percent of the dumping determined in the AD investigation.\6\
The Mexican signatories also agreed to other conditions, including
quarterly audits,\7\ near-the-border inspections by the U.S. Department
of Agriculture on all Round and Roma tomatoes and certain other types
of tomatoes beginning on April 4, 2020,\8\ and limits to adjustments to
the sales price due to certain changes in condition and quality after
shipment.\9\
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\6\ See 2019 Agreement, 84 FR at section VI.
\7\ Id., 84 FR at section VII.B.7.
\8\ Id., 84 FR at section VII.C; see also Memorandum,
``Frequently Asked Questions Regarding Inspections,'' dated March
17, 2020.
\9\ See 2019 Agreement, 84 FR 49996, at Appendix D.
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After reviewing the information received to date from the
respondent companies in their questionnaire and supplemental
questionnaire responses, we preliminarily determine that the
respondents have adhered to the terms of the 2019 Agreement, except for
certain instances of inconsequential and/or inadvertent noncompliance
that do not materially frustrate the purposes of the 2019 Agreement. We
also preliminarily determine that the 2019 Agreement functioned as
intended and that the 2019 Agreement continued to meet the statutory
requirements under sections 734(c) and (d) of the Act during the POR.
For a full description of the analysis underlying our conclusions,
see the Preliminary Decision Memorandum. Commerce examines issues
involving the discussion of proprietary information concerning each of
the respondents in separate memoranda which we incorporate into the
Preliminary Decision Memorandum.\10\ A list of topics discussed in the
Preliminary Decision Memorandum is included as an appendix to this
notice. The Preliminary 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 Preliminary 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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\10\ See Memoranda, ``Preliminary Analysis of Proprietary
Information and Argument Regarding Valores Horticolas del Pacifico
S.A. de C.V.,'' and ``Preliminary Analysis of Proprietary
Information and Argument Regarding Ceuta Produce S. de R.L. de
C.V.,'' both dated concurrently with this notice.
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Public Comment
Case briefs are due 30 days from the publication of these
preliminary results in the Federal Register. Rebuttal briefs, limited
to issues raised in case briefs, may be submitted no later than seven
days after the deadline date for case briefs.\11\ Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal
briefs are encouraged to submit with each argument: (1) a statement of
the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\12\ All briefs must be filed electronically using ACCESS.
An electronically filed document must be received successfully in its
entirety by the established deadline. Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\13\
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\11\ See 19 CFR 351.309(d)(1).
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
\13\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce within 30 days
after the date of publication of this notice.\14\ Requests should
contain the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. Issues raised in the hearing will be
limited to
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those raised in the respective case and rebuttal briefs. If a request
for a hearing is made, Commerce intends to hold the hearing at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
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\14\ See 19 CFR 351.310(c).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any written briefs, not later than 120 days after the date of
publication of this notice, pursuant to section 751(a)(3)(A) of the
Act, unless extended.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: October 2, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Scope of the 2019 Agreement
III. Background
IV. Preliminary Results of Review
V. Discussion of the Methodology
VI. Recommendation
[FR Doc. 2023-22367 Filed 10-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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