Notice2026-01387
Fresh Tomatoes From Mexico; Institution and Scheduling of Review Investigation Concerning the Commission's Affirmative Determination in Investigation No. 731-TA-747 (Final), Fresh Tomatoes From Mexico
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
January 26, 2026
Issuing agencies
International Trade Commission
Abstract
The Commission hereby gives notice that it has instituted an investigation pursuant to section 751(b) of the Tariff Act of 1930 (19 U.S.C. 1675(b)) (the Act) to review its determination in investigation No. 731-TA-747 (Final).\1\ The purpose of the investigation is to determine whether revocation of the antidumping duty order on fresh tomatoes from Mexico is likely to lead to continuation or recurrence of material injury to an industry in the United States. Fresh tomatoes from Mexico are provided for in heading 0702.00 of the Harmonized Tariff Schedule of the United States. ---------------------------------------------------------------------------
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 16 (Monday, January 26, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 16 (Monday, January 26, 2026)]
[Notices]
[Pages 3216-3218]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01387]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 751-TA-30]
Fresh Tomatoes From Mexico; Institution and Scheduling of Review
Investigation Concerning the Commission's Affirmative Determination in
Investigation No. 731-TA-747 (Final), Fresh Tomatoes From Mexico
AGENCY: United States International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Commission hereby gives notice that it has instituted an
investigation pursuant to section 751(b) of the Tariff Act of 1930 (19
U.S.C. 1675(b)) (the Act) to review its determination in investigation
No. 731-TA-747 (Final).\1\ The purpose of the investigation is to
determine whether revocation of the antidumping duty order on fresh
tomatoes from Mexico is likely to lead to continuation or recurrence of
material injury to an industry in the United States. Fresh tomatoes
from Mexico are provided for in heading 0702.00 of the Harmonized
Tariff Schedule of the United States.
---------------------------------------------------------------------------
\1\ Chair Karpel determined that the changed circumstances
alleged by Mexican respondent interested parties in their request
for a review are not sufficient to warrant institution of a review
under section 751(b). Commissioner Kearns determined that the
changed circumstances alleged by Mexican respondent interested
parties are sufficient to warrant institution of a review under
section 751(b). Commissioner Johanson did not participate in this
proceeding. As one half of the number of Commissioners voting agree
that the review should be initiated, the Commission is instituting
that review. See 19 U.S.C. 1330(d)(5).
---------------------------------------------------------------------------
DATES: Applicable January 21, 2026.
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 individuals are advised that
information on this matter can be obtained 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 investigation 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.--The antidumping petition concerning fresh tomatoes
from Mexico was deemed by the Commission and Department of Commerce
(Commerce) to be filed on April 1, 1996 by the Florida Tomato Growers
Exchange, the Florida Tomato Exchange, the Tomato Committee of the
Florida Fruit and Vegetable Association, the South Carolina Tomato
Association, the Gadsden County Tomato Growers Association, and an Ad
Hoc Group of Florida, California, Georgia, Pennsylvania, South
Carolina, and Virginia Tomato Growers (61 FR 18377, April 25, 1996). On
May 16, 1996, the Commission notified Commerce that it reached an
affirmative preliminary determination in its antidumping duty
investigation (61 FR 28890, June 6, 1996). On October 28, 1996,
Commerce signed a suspension agreement with certain growers/exporters
of fresh tomatoes from Mexico that accounted for substantially all
imports of fresh tomatoes from Mexico, in which ``each signatory
producer/exporter . . . agreed to revise its prices to eliminate
completely the injurious effects of exports'' of fresh tomatoes to the
United States (61 FR 56618, November 1, 1996). Effective November 1,
1996, the Commerce suspended its antidumping duty investigation on
imports of fresh tomatoes from Mexico (61 FR 56618, November 1, 1996).
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 tomato 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
[[Page 3217]]
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). Because of the September 19, 2019 Suspension
Agreement, no antidumping duty order was imposed as a result of the
agencies' affirmative determinations.
On August 1, 2024, Commerce initiated its fifth five-year review of
the suspended investigation (89 FR 62717, August 1, 2024, and 89 FR
62786, August 1, 2024). The Commission instituted a five-year review of
the suspended investigation (89 FR 62786, August 1, 2024). Following a
request filed by the Florida Tomato Exchange on June 16, 2023, Commerce
announced its intention to terminate the 2019 Suspension Agreement on
April 18, 2025 (90 FR 16499, April 18, 2025). Subsequently, effective
July 14, 2025, Commerce withdrew from and terminated the 2019
Suspension Agreement and issued an antidumping duty order on imports of
fresh tomatoes from Mexico (90 FR 33363, July 17, 2025). For this
reason, the Commission terminated its five-year review effective July
14, 2025 (90 FR 35933, July 30, 2025).
On May 9, 2025, the Commission received a request to review its
affirmative determination in the antidumping duty 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 ``Requestors''). The
Requestors argued that the Commission should conduct a changed
circumstances review of the Commission's affirmative threat of material
injury determination regarding fresh tomatoes from Mexico if the 2019
Suspension Agreement expired without continuation on July 14, 2025. The
Requestors further argued that there have been several significant
changes since the Commission last examined the fresh tomatoes industry
in 2019, namely with respect to changes in customer preferences and
demand resulting in a segmented U.S. market for fresh tomatoes,
significant investment by U.S. producers in greenhouse and other
``protected culture'' growing facilities outside of California and
Florida, major investments by U.S. growers in Mexico to supplement
their U.S. tomato production operations, major investments by growers
of greenhouse tomatoes from Canada resulting in an increase in imports
of nonsubject greenhouse and protected culture tomatoes in the U.S.
market, and structural challenges facing open field U.S. growers based
in Florida and California. On June 18, 2025, the Commission published a
Federal Register notice (90 FR 26065) inviting comments from the public
on whether changed circumstances exist sufficient to warrant the
institution of a changed circumstances review investigation of the
Commission's affirmative determination concerning fresh tomatoes from
Mexico if Commerce terminates the 2019 Suspension Agreement.
The Commission received six submissions in response to its Federal
Register notice soliciting comments. Commenters that supported
institution of changed circumstances reviews include the Bioparques
Group; NS Brands, Ltd. and Naturesweet Invernaderos S. de R.L. de C.V./
NatureSweet Comercializadora, S. de R.L. de C.V.; Asociaci[oacute]n
Mexicana de Horticultura Protegida, A.C., Asociaci[oacute]n de
Productores de Hortalizas del Yaqui y Mayo, Confederaci[oacute]n de
Asociaciones Agr[iacute]colas del Estado de Sinaloa, A.C., Consejo
Agr[iacute]cola de Baja California, A.C., and Sistema Producto Tomate;
Mastronardi Produce--USA, Inc., Mastronardi International, Ltd., and
Mastronardi Produce, Ltd.; and the Fresh Produce Association of the
Americas. The Florida Tomato Exchange filed comments opposing
institution of a changed circumstances review.
On January 21, 2026, after reviewing the comments it received in
response to that request, the Commission determined that it had
received information which showed changed circumstances sufficient to
warrant instituting a review investigation.
Participation in the investigations 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 the investigations 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, no later than
21 days prior to the hearing date specified in this notice. The
Secretary will maintain a public service list containing the names and
addresses of all persons, or their representatives, who are parties to
the investigations.
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, 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 these investigations available to authorized
applicants under the APO issued in the investigations, provided that
the application is made no later than 21 days prior to the hearing date
specified in this notice. Authorized applicants must represent
interested parties, as defined by 19 U.S.C. 1677(9), who are parties to
the investigations. 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 these investigations
will be placed in the nonpublic record on April 29, 2026, and a public
version will be issued thereafter, pursuant to section 207.22 of the
Commission's rules.
Hearing.--The Commission will hold a hearing in connection with
this investigation beginning at 9:30 a.m. on May 19, 2026, at the U.S.
International
[[Page 3218]]
Trade Commission Building. 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 May 14, 2026. 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 to be held at 9:30 a.m. on May 15, 2026, at the U.S.
International Trade Commission Building. 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 days prior to the date of the
hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of section 207.23 of the Commission's
rules; the deadline for filing is 5:15 p.m. on May 8, 2026. Parties may
also file written testimony in connection with their presentation at
the hearing, as provided in section 207.24 of the Commission's rules,
and posthearing briefs, which must conform with the provisions of
section 207.25 of the Commission's rules. The deadline for filing
posthearing briefs is 5:15 p.m. on May 28, 2026; witness testimony must
be filed no later than three days before the hearing. In addition, any
person who has not entered an appearance as a party to the
investigations may submit a written statement of information pertinent
to the subject of the investigations on or before 5:15 p.m. on May 28,
2026. On June 23, 2026, 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 June 25, 2026, but such final comments must not contain new
factual information and must otherwise comply with section 207.30 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 investigations must be
served on all other parties to the investigations (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.
Authority: This review investigation is being conducted under
authority of title VII of the Tariff Act of 1930; this notice is
published pursuant to section 207.45 of the Commission's rules.\2\
---------------------------------------------------------------------------
\2\ The Commission has determined the additional analysis needed
to consider the asserted changed circumstances and cure data
collected in its fifth review of the suspended final phase
antidumping investigation was good cause to exercise its authority
to waive the institution period pursuant to section 207.45(c) of the
Commission's Rules of Practice and Procedure (19 CFR 207.45(c)).
---------------------------------------------------------------------------
By order of the Commission.
Issued: January 21, 2026.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2026-01387 Filed 1-23-26; 8:45 am]
BILLING CODE 7020-02-P
</pre></body>
</html>Indexed from Federal Register on January 26, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.