Notice2024-28396
Fresh Tomatoes From Mexico: Final Results of the Expedited Sunset Review of Suspended Investigation
Primary source
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Published
December 4, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of this sunset review, the U.S. Department of Commerce (Commerce) finds that termination of the 2019 Agreement Suspending the Antidumping Duty Investigation on Fresh Tomatoes from Mexico would be likely to lead to continuation or recurrence of dumping at the levels indicated in the "Final Results of Review" section of this notice.
Full Text
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<title>Federal Register, Volume 89 Issue 233 (Wednesday, December 4, 2024)</title>
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[Federal Register Volume 89, Number 233 (Wednesday, December 4, 2024)]
[Notices]
[Pages 96213-96214]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28396]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-820]
Fresh Tomatoes From Mexico: Final Results of the Expedited Sunset
Review of Suspended Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this sunset review, the U.S. Department of
Commerce (Commerce) finds that termination of the 2019 Agreement
Suspending the Antidumping Duty Investigation on Fresh Tomatoes from
Mexico would be likely to lead to continuation or recurrence of dumping
at the levels indicated in the ``Final Results of Review'' section of
this notice.
DATES: Applicable December 4, 2024.
FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or Walter Schaub,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-0162 or (202) 482-0907, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2024, Commerce initiated the sunset review of the
suspended antidumping duty
[[Page 96214]]
investigation on fresh tomatoes from Mexico, pursuant to section 751(c)
of the Tariff Act of 1930, as amended (the Act).\1\ Commerce received
notices of intent to participate in this sunset review from the Florida
Tomato Exchange (FTE) on August 15, 2024, and from NS Brands, Ltd. and
NatureSweet Invernaderos S. de R.L. de C.V./NatureSweet
Comercializadora, S. de R.L. de C.V. (collectively, NatureSweet) on
August 16, 2024, within the applicable deadline specified in section
351.218(d)(1)(i) of Commerce's regulations.
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\1\ See Initiation of Five-Year (Sunset) Reviews, 89 FR 62717
(August 1, 2024).
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Commerce received an adequate substantive response from FTE within
the 30-day deadline specified in Commerce's regulations under section
351.218(d)(3)(i). In its submission, FTE claimed interested party
status under section 771(9)(E) of the Act as a trade or business
association a majority of whose members manufacture, produce, or
wholesale a domestic like product in the United States. NatureSweet
also filed a response in which it claimed interested party status under
sections 771(9)(C) and 771(9)(A) of the Act, i.e., both as a domestic
and foreign producer of subject merchandise, respectively; however, the
response did not meet the requirements of 19 CFR 351.218(d)(3)(iii) and
351.218(e)(1)(ii). Thus, Commerce did not receive an adequate
substantive response from any respondent interested party. As a result,
Commerce conducted an expedited (120-day) sunset review, in accordance
with 19 CFR 351.218(e)(1)(ii)(C)(2).
Scope of the Suspension Agreement <SUP>2</SUP>
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\2\ See Fresh Tomatoes From Mexico: Suspension of Antidumping
Duty Investigation, 84 FR 49987 (September 24, 2019) (2019
Agreement).
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The merchandise subject to the suspension 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 suspension 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
suspension 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 suspension agreement. Tomatoes imported from Mexico covered by
this suspension 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 2019 Agreement is also
contained in the Issues and Decision Memorandum.\3\
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\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Expedited Fifth Sunset Review of the Suspended
Investigation of Fresh Tomatoes from Mexico,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
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Analysis of Comments Received
All issues raised in this sunset review, including the likelihood
of continuation or recurrence of dumping and the magnitude of the
margin of dumping likely to prevail if the 2019 Agreement is
terminated, are addressed in the Issues and Decision Memorandum. A list
of topics included in the Issues and Decision Memorandum is included 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>. A list of topics discussed in the Issues and
Decision Memorandum is included as an appendix to this notice. 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>.
Final Results of Review
Pursuant to section 752(c) of the Act, we determine that the
termination of the 2019 Agreement would likely lead to continuation or
recurrence of dumping at weighted-average margins up to 30.48 percent.
Administrative Protective Order (APO)
This notice also serves as the only reminder to parties subject to
an APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305. Timely 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 violation which is subject to sanction.
Notification to Interested Parties
Commerce is issuing and publishing these final results and notice
in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act,
and 19 CFR 351.218(e)(1)(ii)(C)(2) and 351.221(c)(5)(ii).
Dated: November 27, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Suspension Agreement
IV. History of the Proceeding
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of Dumping
2. Magnitude of the Margin Likely To Prevail
VII. Recommendation
[FR Doc. 2024-28396 Filed 12-3-24; 8:45 am]
BILLING CODE 3510-DS-P
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