Notice2025-04998
Fresh Tomatoes From Mexico; Scheduling of a Full Five-Year Review
Primary source
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Published
March 25, 2025
Issuing agencies
International Trade Commission
Abstract
The Commission hereby gives notice of the scheduling of a full review pursuant to the Tariff Act of 1930 ("the Act") 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 within a reasonably foreseeable time. The Commission has determined to exercise its authority to extend the review period by up to 90 days.
Full Text
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<title>Federal Register, Volume 90 Issue 56 (Tuesday, March 25, 2025)</title>
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[Federal Register Volume 90, Number 56 (Tuesday, March 25, 2025)]
[Notices]
[Pages 13626-13627]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-04998]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-747 (Fifth Review)]
Fresh Tomatoes From Mexico; Scheduling of a Full Five-Year Review
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of a full
review pursuant to the Tariff Act of 1930 (``the Act'') 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 within a reasonably foreseeable time. The Commission
has determined to exercise its authority to extend the review period by
up to 90 days.
DATES: March 18, 2025.
FOR FURTHER INFORMATION CONTACT: Jesse Sanchez (202-205-2402), 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 (<a href="https://www.usitc.gov">https://www.usitc.gov</a>). The public record for this
review may be viewed on the Commission's electronic docket (EDIS) at
<a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.
SUPPLEMENTARY INFORMATION:
Background.--On November 4, 2024, the Commission determined that
responses to its notice of institution of the subject five-year review
were such that a full review should proceed (89 FR 96681, December 5,
2024); accordingly, a full review is being scheduled pursuant to
section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)). A
record of the Commissioners' votes, the Commission's statement on
adequacy, and any individual Commissioner's statements are available
from the Office of the Secretary and at the Commission's website.
Participation in the review 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 this review as parties must
file an entry of appearance with the Secretary to the Commission, as
provided in section 201.11 of the Commission's rules, by 45 days after
publication of this notice. A party that filed a notice of appearance
following publication of the Commission's notice of institution of the
review need not file an additional notice of appearance. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
review.
For further information concerning the conduct of this review and
rules of general application, consult the Commission's Rules of
Practice and Procedure, part 201, subparts A and B (19 CFR part 201),
and part 207,
[[Page 13627]]
subparts A, D, E, and F (19 CFR part 207).
Please note the Secretary's Office will accept only electronic
filings during this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>).
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in this review available to authorized
applicants under the APO issued in the review, provided that the
application is made by 45 days after publication of this notice.
Authorized applicants must represent interested parties, as defined by
19 U.S.C. 1677(9), who are parties to the review. A party granted
access to BPI following publication of the Commission's notice of
institution of the review need not reapply for such access. A separate
service list will be maintained by the Secretary for those parties
authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the review will be
placed in the nonpublic record on July 29, 2025, and a public version
will be issued thereafter, pursuant to section 207.64 of the
Commission's rules.
Hearing.--The Commission will hold an in-person hearing in
connection with the review beginning at 9:30 a.m. on August 14, 2025.
Requests to appear at the hearing should be filed in writing with the
Secretary to the Commission on or before 5:15 p.m. on August 8, 2025.
Any requests to appear as a witness via videoconference must be
included with your request to appear. Requests to appear via
videoconference must include a statement explaining why the witness
cannot appear in person; the Chairman, or other person designated to
conduct the review, may in their discretion for good cause shown, grant
such a request. Requests to appear as remote witness due to illness or
a positive COVID-19 test result may be submitted by 3 p.m. the business
day prior to the hearing. Further information about participation in
the hearing will be posted on the Commission's website at <a href="https://www.usitc.gov/calendarpad/calendar.html">https://www.usitc.gov/calendarpad/calendar.html</a>.
A nonparty who has testimony that may aid the Commission's
deliberations may request permission to present a short statement at
the hearing. All parties and nonparties desiring to appear at the
hearing and make oral presentations should attend a prehearing
conference, if deemed necessary, to be held at 9:30 a.m. on August 12,
2025. Parties shall file and serve written testimony and presentation
slides in connection with their presentation at the hearing by no later
than noon on August 13, 2025. Oral testimony and written materials to
be submitted at the public hearing are governed by sections
201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties
must submit any request to present a portion of their hearing testimony
in camera no later than 7 business days prior to the date of the
hearing.
Written submissions.--Each party to the review may submit a
prehearing brief to the Commission. Prehearing briefs must conform with
the provisions of section 207.65 of the Commission's rules; the
deadline for filing is 5:15 p.m. on August 7, 2025. Parties shall also
file written testimony in connection with their presentation at the
hearing, and posthearing briefs, which must conform with the provisions
of section 207.67 of the Commission's rules. The deadline for filing
posthearing briefs is 5:15 p.m. on August 26, 2025. In addition, any
person who has not entered an appearance as a party to the review may
submit a written statement of information pertinent to the subject of
the review on or before 5:15 p.m. on August 26, 2025. On September 24,
2025, the Commission will make available to parties all information on
which they have not had an opportunity to comment. Parties may submit
final comments on this information on or before 5:15 p.m. on September
26, 2025, but such final comments must not contain new factual
information and must otherwise comply with section 207.68 of the
Commission's rules. All written submissions must conform with the
provisions of section 201.8 of the Commission's rules; any submissions
that contain BPI must also conform with the requirements of sections
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 <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>, elaborates upon the Commission's
procedures with respect to filings.
Additional written submissions to the Commission, including
requests pursuant to section 201.12 of the Commission's rules, shall
not be accepted unless good cause is shown for accepting such
submissions, or unless the submission is pursuant to a specific request
by a Commissioner or Commission staff.
In accordance with sections 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the review must be served on
all other parties to the review (as identified by either the public or
BPI service list), and a certificate of service must be timely filed.
The Secretary will not accept a document for filing without a
certificate of service.
The Commission has determined that this review is extraordinarily
complicated and therefore has determined to exercise its authority to
extend the review period by up to 90 days pursuant to 19 U.S.C.
1675(c)(5)(B).
Authority: This review is being conducted under authority of title
VII of the Tariff Act of 1930; this notice is published pursuant to
section 207.62 of the Commission's rules.
By order of the Commission.
Issued: March 20, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-04998 Filed 3-24-25; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on March 25, 2025.
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