Notice2025-11226
Fresh Tomatoes From Mexico; Request for Comments Regarding the Institution of a Section 751(b) Review Concerning the Commission's Affirmative Determination and Continued Antidumping Duty Investigation
Primary source
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Published
June 18, 2025
Issuing agencies
International Trade Commission
Abstract
The Commission invites comments from the public on whether changed circumstances exist sufficient to warrant the institution of a review pursuant to section 751(b) of the Tariff Act of 1930 (19 U.S.C. 1675(b)) (the Act) regarding the Commission's affirmative determination and continued antidumping duty investigation in investigation No. 731- TA-747 (Fifth Review). The purpose of the proposed review would be to determine whether revocation of the existing suspension agreement on imports of fresh tomatoes from Mexico would be likely to lead to continuation or recurrence of material injury (19 U.S.C. 1675(b)(2)(A)).
Full Text
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<title>Federal Register, Volume 90 Issue 116 (Wednesday, June 18, 2025)</title>
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[Federal Register Volume 90, Number 116 (Wednesday, June 18, 2025)]
[Notices]
[Pages 26065-26066]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11226]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 751-TA-3826]
Fresh Tomatoes From Mexico; Request for Comments Regarding the
Institution of a Section 751(b) Review Concerning the Commission's
Affirmative Determination and Continued Antidumping Duty Investigation
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission invites comments from the public on whether
changed circumstances exist sufficient to warrant the institution of a
review pursuant to section 751(b) of the Tariff Act of 1930 (19 U.S.C.
1675(b)) (the Act) regarding the Commission's affirmative determination
and continued antidumping duty investigation in investigation No. 731-
TA-747 (Fifth Review). The purpose of the proposed review would be to
determine whether revocation of the existing suspension agreement on
imports of fresh tomatoes from Mexico would be likely to lead to
continuation or recurrence of material injury (19 U.S.C.
1675(b)(2)(A)).
DATES: June 18, 2025.
FOR FURTHER INFORMATION CONTACT: Lawrence Jones (202-205-3358), 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="http://www.usitc.gov">http://www.usitc.gov</a>). The public record for this
matter may be viewed on the Commission's electronic docket (EDIS) at
<a href="http://edis.usitc.gov">http://edis.usitc.gov</a>.
SUPPLEMENTARY INFORMATION:
Background.--Effective November 1, 1996, the Department of Commerce
(``Commerce'') suspended its antidumping duty investigation on imports
of fresh tomatoes from Mexico (61 FR 56618). Effective the same day,
the Commission suspended the final phase of its investigation (61 FR
58217, November 13, 1996). On October 1, 2001, Commerce initiated and
the Commission instituted their first five-year reviews of the
suspended investigations (66 FR 49926, 49975). After the withdrawal
from the suspension agreement by certain Mexican tomatoe growers,
Commerce terminated the suspension agreement (67 FR 50858, August 6,
2002), and both Commerce and the Commission terminated their first
five-year reviews and resumed their antidumping investigations,
effective July 30, 2002 (67 FR 53361, August 15, 2002; 67 FR 56854,
September 5, 2002). On December 16, 2002, Commerce and the Commission
suspended their resumed investigations when Commerce signed a new
suspension agreement with certain growers/exporters of fresh tomatoes
from Mexico (67 FR 77044, December 16, 2002; 67 FR 78815, December 26,
2002). On November 1, 2007, Commerce initiated and the Commission
instituted their second five-year reviews of the suspended
investigations (72 FR 61861, 61903, November 1, 2007). Once again,
based on the withdrawal from the suspension agreement by certain
Mexican tomato growers, Commerce terminated the suspension agreement
(73 FR 2887, January 16, 2008), and both Commerce and the Commission
terminated their second five-year reviews and resumed their antidumping
investigations, effective January 18, 2008 (73 FR 2888, January 18,
2008; 73 FR 5869, January 31, 2008). The resumed antidumping
investigations were again suspended by Commerce and the Commission when
Commerce signed a new suspension agreement with certain growers/
exporters of fresh tomatoes from Mexico, effective January 22, 2008 (73
FR 4831, January 28, 2008; 73 FR 7762, February 11, 2008). On December
1, 2012, Commerce initiated its third five-year review of the suspended
investigation (77 FR 71684, December 3, 2012), and on December 3, 2012,
the Commission instituted its third five-year review of the suspended
investigation (77 FR 71629, December 3, 2012). Based on the withdrawal
from the suspension agreement by certain Mexican tomato growers/
exporters, Commerce terminated the suspension agreement and its third
five-year review of the suspended investigation, and resumed its
investigation, effective March 1, 2013 (78 FR 14771, March 7, 2013). On
March 4, 2013, the Commission terminated its review of the suspended
investigation and resumed the final phase of its investigation (78 FR
16529, March 15, 2013). Also on March 4, 2013, Commerce signed a new
agreement with certain growers/exporters of fresh tomatoes from Mexico,
and again suspended its resumed investigation (78 FR 14967, March 8,
2013). On March 5, 2013, the Commission suspended its resumed final
phase investigation (78 FR 16530, March 15, 2013). On February 1, 2018,
Commerce initiated and the Commission instituted their fourth five-year
reviews of the suspended investigations (83 FR 4641, 4676, February 1,
2018). After receipt of a request by the Florida Tomato Exchange, an
association of domestic growers and packers of fresh tomatoes and a
petitioner in the original investigation, Commerce terminated the
suspension agreement and resumed its investigation, effective May 13,
2019 (84 FR 20858, May 13, 2019). Also on May 7, 2019, the Commission
terminated its review of the suspended investigation and resumed the
final phase of its investigation (84 FR 21360, May 14, 2019; 84 FR
27805, June 14, 2019). On September 19, 2019, Commerce signed a new
agreement with certain growers/exporters of fresh tomatoes from Mexico,
and again suspended its resumed investigation (84 FR 49987, September
24, 2019). On September 24, 2019, the Commission suspended its resumed
final phase investigation (84 FR 54639, October 10, 2019). Following
requests submitted by the Florida Tomato Exchange and by Red Sun Farms
Virginia LLC, Commerce resumed its final investigation and made an
affirmative determination (84 FR 57401, October 25, 2019). On October
17, 2019, the Commission continued the final phase of its investigation
(84 FR 56837, October 23, 2019) and, on December 9, 2019, made an
affirmative determination (84 FR 67958, December 12, 2019). The
Commission is currently conducting a full review of the 2019 Suspension
Agreement. On April 14, 2025, Commerce announced that it intended to
terminate the Suspension Agreement effective July 14, 2025.
On May 9, 2025, the Commission received a request to review its
affirmative determination and continued antidumping duty investigation
in investigation No. 731-TA-747 (Fifth Review) pursuant to section
751(b) of the Act (19 U.S.C. 1675(b)). The request was filed by the
Bioparques de Occidente, S.A. de C.V.. Agricola La Primavera, S.A. de
C.V., and Kaliroy Fresh, LLC (collectively, the ``Bioparques Group'' or
``the Requestors''). The Requestors argue for the Commission and the
parties to be allowed to continue the examination of the U.S. market
for Fresh Tomatoes in the event that the Suspension Agreement is
terminated on July 14, 2025, and the Commission determines
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to terminate the Full Review of the Suspension Agreement. The
Requestors have further argued that there have been a number of
significant changes since the Commission last examined the Fresh
Tomatoes industry in 2019. The Requestors indicated that these changes
include changes in customer preferences and demand that have resulted
in a segmented market, significant investment by U.S. producers in
Florida, and major U.S. grower investments in Mexico to supplement
their U.S. production. The Requestors indicated that in the event that
the ongoing Full Review is not terminated, they intend to withdraw
their request for a Changed Circumstances Review.
Written comments requested.--Pursuant to section 207.45(b) of the
Commission's Rules of Practice and Procedure, the Commission requests
comments concerning whether the alleged changed circumstances are
sufficient to warrant institution of a review to determine whether
termination of the suspended investigation is likely to lead to
continuation or recurrence of material injury.
Written submissions.--Comments must be filed with the Secretary to
the Commission by July 18, 2025. All written submissions must conform
with the provisions of Sec. 201.8 of the Commission's rules; any
submissions that contain business proprietary information must also
conform with the requirements of Sec. Sec. 201.6, 207.3, and 207.7 of
the Commission's rules. The Commission has not included a process for
access to business proprietary information pursuant to an
administrative protective order during the pre-institution comment
period in this proceeding (See 56 FR 11918, 11922 (March 21, 1991)). In
the event that the Commission finds sufficient changed circumstances to
warrant institution of a review investigation following the comment
period, access to business proprietary information under an
administrative protective order will be available at that time. 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.
Please note the Secretary's Office will accept only electronic
filings at 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.
Authority: This notice is published pursuant to section 207.45 of
the Commission's rules.
By order of the Commission.
Issued: June 16, 2025.
Susan Orndoff,
Supervisory Attorney.
[FR Doc. 2025-11226 Filed 6-17-25; 8:45 am]
BILLING CODE 7020-02-P
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