Notice2024-31084
Agreement Suspending the Antidumping Duty Investigation on Fresh Tomatoes From Mexico: Final Results of the 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
December 30, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that the respondents selected for individual examination, respectively, Ceuta Produce S.A. DE C.V. (Ceuta) and Valores Horticolas Del Pacifico S.A. De C.V (VALHPAC) (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, 2021, through August 31, 2022, 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 89 Issue 249 (Monday, December 30, 2024)</title>
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[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Notices]
[Pages 106427-106428]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-31084]
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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 2021-2022 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, Ceuta
Produce S.A. DE C.V. (Ceuta) and Valores Horticolas Del Pacifico S.A.
De C.V (VALHPAC) (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, 2021, through August 31, 2022,
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 December 30, 2024.
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 10, 2023, Commerce published the preliminary results of
this administrative review, and we invited interested parties to
comment.\1\ On November 9, 2023, the Florida Tomato Exchange (FTE), a
member of the U.S. petitioning industry, filed a case brief.\2\ On
November 16, 2023, Ceuta and VALHPAC filed a joint rebuttal brief.\3\
Commerce extended the date for the publication of the final results
until December 16, 2024.\4\ On December 9, 2024, Commerce tolled the
deadlines for all preliminary and final determinations by 90 days.\5\
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\1\ See Agreement Suspending the Antidumping Duty Investigation
on Fresh Tomatoes from Mexico; Preliminary Results of 2021-2022
Administrative Review, 88 FR 69899 (October 10, 2023) (Preliminary
Results), and accompanying Preliminary Decision Memorandum.
\2\ See FTE's Letter, ``Case Brief on Behalf of the Florida
Tomato Exchange,'' dated November 9, 2023.
\3\ See Ceuta and VALHPAC's Letter, ``Rebuttal Brief of Ceuta
Produce, S. de R.L. de C.V. and Valores Horticolas del Pacifico,
S.A. de C.V.,'' dated November 16, 2023.
\4\ See Memorandum, ``Decision Memorandum for the Final Results
of the 2021-2022 Administrative Review: Fresh Tomatoes from
Mexico,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
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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 2019 Agreement is also
contained in the Issues and Decision Memorandum.
Analysis
Commerce continues to find, based on record evidence, that the
selected respondents, Ceuta and VALHPAC, were in compliance with the
terms of the 2019 Agreement during the POR, with the exception of
certain inconsequential or inadvertent non-compliance. 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 meeting the
applicable statutory requirements for a suspension agreement, e.g.,
preventing price suppression or undercutting, and effective monitoring
is practicable.
The issues raised in the case and rebuttal briefs are addressed in
the accompanying Issues and Decision Memorandum. 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>.
Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to 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.
[[Page 106428]]
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 Tariff Act of 1930, as
amended, and 19 CFR 351.213 and 19 CFR 351.221(b)(5).
Dated: December 20, 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 Agreement
IV. Discussion of the Issues
1. Instances of Noncompliance During the POR
2. Whether the 2019 Suspension Agreement is Effectively
Monitorable and Enforceable
3. Whether Commerce Should Take Additional Enforcement Action
V. Recommendation
[FR Doc. 2024-31084 Filed 12-27-24; 8:45 am]
BILLING CODE 3510-DS-P
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