Notice2026-02931
Fresh Winter Strawberries From Mexico: Initiation of Less-Than-Fair-Value Investigation
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
February 13, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 91 Issue 30 (Friday, February 13, 2026)</title>
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[Federal Register Volume 91, Number 30 (Friday, February 13, 2026)]
[Notices]
[Pages 6822-6826]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02931]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-869]
Fresh Winter Strawberries From Mexico: Initiation of Less-Than-
Fair-Value Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable February 9, 2026.
FOR FURTHER INFORMATION CONTACT: Anjali Mehindiratta, Office III, AD/
CVD Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-9127.
SUPPLEMENTARY INFORMATION:
The Petition
On December 31, 2025, the U.S. Department of Commerce (Commerce)
received an antidumping duty (AD) petition concerning imports of fresh
winter strawberries (winter strawberries) from Mexico filed in proper
form on behalf of the Strawberry Growers for Free Trade (the
petitioner).\1\ On January 20, 2026, Commerce extended the initiation
deadline by 20 days to poll the domestic industry in accordance with
subsections 732(c)(1)(B) and (4)(D) of the Tariff Act of 1930, as
amended (the Act), because ``the Petition has not established that the
domestic producers or workers accounting for more than 50 percent of
total production support the Petition. . . .'' \2\
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\1\ See Petitioner's Letter, ``Petition for the Imposition of
Antidumping Duties,'' dated December 31, 2025 (Petition). Strawberry
Growers for Free Trade is an ad hoc association, the majority of
whose members consist of a trade association whose members produce
the domestic like product and domestic producers of fresh winter
strawberries. The members of the Strawberry Growers for Fair Trade
are: Astin Strawberry Exchange, BBI Produce, Inc., dba Berry Boss,
Florida Department of Agriculture and Consumer Services, Grimes
Produce Company, Mathis Farms, Simmons Farms, Inc., Sizemore Farms,
Inc., Sweet Life Farms, Ultra Farms, and Florida Strawberries
Association.
\2\ See Notice of Extension of the Deadline for Determining the
Adequacy of the Antidumping Duty Petition: Fresh Winter Strawberries
from Mexico, 91 FR 2910 (January 23, 2026) (Initiation Extension
Notice).
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Between January 5 and February 4, 2026, Commerce requested
supplemental information pertaining to certain aspects of the Petition
in supplemental questionnaires.\3\ Between January 9 and February 6,
2026, the petitioner filed timely responses to these requests for
additional information.\4\
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\3\ See Commerce's Letters, ``Supplemental Questions,'' dated
January 5, 2026 (First General Issues Supplemental Questionnaire);
see also ``Supplemental Questions,'' dated January 6, 2026 (First
Mexico AD Supplemental Questionnaire); ``Second Supplemental
Questions,'' dated January 26, 2026 (Second General Issues and
Mexico AD Questionnaire); ``Third Supplemental Questions,'' dated
February 4, 2026 (Third Mexico AD Supplemental Questionnaire).
\4\ See Petitioner's Letters, ``Response to Supplemental
Questions Regarding Volume II of the Petition,'' dated January 9,
2026 (First Mexico AD Supplement); ``Response to Supplemental
Questions Regarding Volume I of the Petition,'' dated January 12,
2026 (First General Issues Supplement); ``Response to Second
Supplemental Questions Regarding Volumes I and II of the Petition,''
dated January 27, 2026 (Second General Issues and Mexico AD
Supplement); and ``Response to Third Supplemental Questions
Regarding Volume II of the Petition,'' dated February 6, 2026 (Third
Mexico AD Supplement).
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In accordance with section 732(b) of the Act, the petitioner
alleges that imports of winter strawberries from Mexico are being, or
are likely to be, sold in the United States at less than fair value
(LTFV) within the meaning of section 731 of the Act, and that imports
of such products are materially injuring, or threatening material
injury to, the winter strawberries industry in the United States.
Consistent with section 732(b)(1) of the Act, the Petition was
accompanied by information reasonably available to the petitioner
supporting its allegations.
Commerce finds that the petitioner filed the Petition on behalf of
the domestic industry, because the petitioner is an interested party,
as defined in section 771(9)(F) of the Act.\5\ Commerce also finds that
the petitioner demonstrated sufficient industry support for the
initiation of the requested LTFV investigation.\6\
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\5\ Strawberry Growers for Fair Trade is an interested party as
defined in section 771(9)(F) of the Act. The majority of the members
of the Strawberry Growers for Fair Trade are interested parties as
defined in sections 771(9)(C) and (E) of the Act.
\6\ See section on ``Determination of Industry Support for the
Petition,'' infra.
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Period of Investigation (POI)
The petitioner has proposed November 1, 2024 to March 31, 2025 as
the POI, consistent with the scope definition of winter strawberries as
those strawberries harvested or entered during the period of November 1
through March 31.\7\
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\7\ See Petition at Volume II (page 5).
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Scope of the Investigation
The product covered by this investigation is winter strawberries
from Mexico. For a full description of the scope of this investigation,
see the appendix to this notice.
Comments on the Scope of the Investigation
On January 6, 2026, Commerce requested information and
clarification from the petitioners regarding the proposed scope to
ensure that the scope language in the Petition is an accurate
reflection of the products for which the domestic industry is seeking
relief.\8\ On January 12, 2026, the petitioners provided clarification
regarding the scope.\9\ The description of merchandise covered by this
investigation, as described in the appendix to this notice, reflects
these clarifications.
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\8\ See First General Issues Supplemental Questionnaire.
\9\ See First General Issues Supplement at 4-7.
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As discussed in the Preamble to Commerce's regulations, we are
setting
[[Page 6823]]
aside a period for interested parties to raise issues regarding product
coverage (i.e., scope).\10\ Commerce will consider all scope comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determination. If scope comments include factual information, all such
factual information should be limited to public information.\11\
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\10\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR
351.312.
\11\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
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Commerce requests that interested parties provide at the beginning
of their scope comments a public executive summary for each comment or
issue raised in their submission. Commerce further requests that
interested parties limit their public executive summary of each comment
or issue to no more than 450 words, not including citations. Commerce
intends to use the public executive summaries as the basis of the
comment summaries included in the analysis of scope comments. To
facilitate preparation of its questionnaires, Commerce requests that
scope comments be submitted by 5:00 p.m. Eastern Time (ET) on March 2,
2026, which is the next business day after 20 calendar days from the
signature date of this notice.\12\ Any rebuttal comments, which may
include factual information, and should also be limited to public
information, must be filed by 5:00 p.m. ET on March 12, 2026, which is
10 calendar days from the initial comment deadline.
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\12\ The deadline for initial scope comments falls on March 1,
2026, which is a Sunday. Commerce's practice dictates that where a
deadline falls on a weekend or federal holiday, the appropriate
deadline is the next business day (in this instance, March 2, 2026).
See 19 CFR 351.303(b)(1) (``For both electronically filed and
manually filed documents, if the applicable due date falls on a non-
business day, the Secretary will accept documents that are filed on
the next business day.'').
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Commerce requests that any factual information that parties
consider relevant to the scope of this investigation be submitted
during that period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigation may be relevant, the party must contact Commerce and
request permission to submit the additional information.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\13\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\13\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014), for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at <a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a handbook
can be found at <a href="https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf">https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf</a>.
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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of winter strawberries to
be reported in response to Commerce's AD questionnaires. This
information will be used to identify the key physical characteristics
of the subject merchandise in order to report the relevant cost of
production (COP) accurately, as well as to develop appropriate product
comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) general product
characteristics; and (2) product comparison criteria. We note that it
is not always appropriate to use all product characteristics as product
comparison criteria. We base product comparison criteria on meaningful
commercial differences among products. In other words, although there
may be some physical product characteristics utilized by manufacturers
to describe winter strawberries, it may be that only a select few
product characteristics take into account commercially meaningful
physical characteristics. In addition, interested parties may comment
on the order in which the physical characteristics should be used in
matching products. Generally, Commerce attempts to list the most
important physical characteristics first and the least important
characteristics last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on March 2,
2026, which is the next business day after 20 calendar days from the
signature date of this notice.\14\ Any rebuttal comments must be filed
by 5:00 p.m. ET on March 12, 2026, which is 10 calendar days from the
initial comment deadline. All comments and submissions to Commerce must
be filed electronically using ACCESS, as explained above, on the record
of the LTFV investigation.
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\14\ The deadline for initial product characteristics comments
falls on March 1, 2026, which is a Sunday. Commerce's practice
dictates that where a deadline falls on a weekend or federal
holiday, the appropriate deadline is the next business day (in this
instance, March 2, 2026). See 19 CFR 351.303(b)(1) (``For both
electronically filed and manually filed documents, if the applicable
due date falls on a non-business day, the Secretary will accept
documents that are filed on the next business day.'').
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Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\15\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product,
[[Page 6824]]
such differences do not render the decision of either agency contrary
to law.\16\
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\15\ See section 771(10) of the Act.
\16\ See USEC, Inc. v. United States, 132 F. Supp 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United
States, 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigation.\17\ Based on our analysis of the information
submitted on the record, we have determined that winter strawberries,
as defined in the scope, constitute a single domestic like product, and
we have analyzed industry support in terms of that domestic like
product.\18\
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\17\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Checklist, ``Antidumping Duty Investigation Initiation Checklist:
Fresh Winter Strawberries from Mexico,'' dated concurrently with,
and hereby adopted by, this notice (Mexico AD Initiation Checklist),
at Attachment II, Analysis of Industry Support for the Antidumping
Duty Petition Covering Fresh Winter Strawberries from Mexico
(Attachment II). This checklist is on file electronically via
ACCESS.
\18\ For further discussion, see Attachment II of the Mexico AD
Initiation Checklist.
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The petitioner alleges that there is a regional industry producing
the domestic like product and included data for both factors required
by section 771(4)(C) of the Act: (1) the producers within such market
sell all or almost all of their production of the like product in
question in the regional market; and (2) the demand in the regional
market is not supplied, to any substantial degree, by producers located
elsewhere in the United States.\19\ Moreover, the petitioner alleges
that there is a concentration of dumped imports from Mexico in the
region, pursuant to section 771(4)(C) of the Act and consistent with
the SAA.\20\ We have examined the adequacy and accuracy of the
information supporting the regional industry claim to determine whether
the petitioner provided reasonably available evidence sufficient to
justify initiation based on a regional industry analysis. Based on the
information on the record, we have determined that the petitioner has
satisfied the statutory requirements for establishing a regional
industry for initiation purposes.\21\ However, because the petitioner
contends that Commerce should initiate on both a regional basis and a
national basis,\22\ we have analyzed industry support on a regional
basis and a national basis, as discussed further below.
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\19\ See Petition at Volume I (pages 2-3 and 11-12). The region
defined by the petitioner consists of the following states: Alabama,
Connecticut, Delaware, Florida, Georgia, Illinois, Indiana,
Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan,
Mississippi, New Hampshire, New Jersey, New York, North Carolina,
Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas,
Vermont, Virginia, West Virginia, and Wisconsin.
\20\ See Statement of Administrative Action Accompanying the
Uruguay Round Agreements Act, H.R. Doc. 103-316, Vol. 1 (1994)
(SAA), at 860.
\21\ For further discussion, see Attachment II of the Mexico AD
Initiation Checklist.
\22\ See First General Issues Supplement at 11.
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Pursuant to section 732(c)(4)(C) of the Act, if the petitioner
alleges there is a regional industry, Commerce, on the basis of
production in the region, shall determine whether the petition has been
filed by or on behalf of the domestic industry by applying the
requirements enunciated in section 732(c)(4)(A) of the Act. This
section of the Act provides that Commerce's industry support
determination, which is to be made before the initiation of the
investigation, be based on whether a minimum percentage of the relevant
regional industry supports the petition.\23\ Pursuant to sections
732(c)(4)(A) and 732(c)(4)(C) of the Act, a petition meets this
requirement if the domestic producers or workers who support the
petition account for: (1) at least 25 percent of the total production
of the domestic like product in the region; and (2) more than 50
percent of the production of the domestic like product in the region
produced by that portion of the industry expressing support for, or
opposition to, the petition.
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\23\ See SAA at 863.
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On January 20, 2026, Commerce extended the initiation deadline by
20 days to poll the industry in accordance with subsections
732(c)(1)(B) and (4)(D) of the Act, because ``the Petition has not
established that the domestic producers or workers accounting for more
than 50 percent of total production support the Petition. . . .'' \24\
On January 21, 2026, we issued polling questionnaires to potential U.S.
producers identified by interested parties and by Commerce, regardless
of whether the company was located within or outside the region defined
by the petitioner.\25\ We requested that the companies complete the
polling questionnaire and certify their responses by the due date
specified in the cover letter to the questionnaire.\26\ We received
comments on industry support and the questionnaire responses.\27\
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\24\ See Initiation Extension Notice.
\25\ See Commerce's Letter, ``Polling Questionnaire,'' dated
January 21, 2026.
\26\ Id. For information and analysis of the responses received,
see Attachment II of the Mexico AD Initiation Checklist. The polling
questionnaire and questionnaire responses are on file electronically
via ACCESS.
\27\ For a discussion of parties' comments, see Attachment II of
the Mexico AD Initiation Checklist.
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Our analysis of the data we received in the polling questionnaire
responses indicates that the domestic producers and workers who support
the Petition account for at least 25 percent of the total production of
the domestic like product and more than 50 percent of the production of
the domestic like product produced by that portion of the industry
expressing support for, or opposition to, the Petition under both a
regional analysis and on a national basis.\28\ Accordingly, Commerce
determines that the Petition was filed on behalf of the domestic
industry within the meaning of section 732(b)(1) of the Act, regardless
of whether we define the domestic industry producing the domestic like
product as a regional industry or a national industry.\29\
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\28\ For further discussion, see Attachment II of the Mexico AD
Initiation Checklist.
\29\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the regional U.S. industry producing
the domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioner alleges that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act, as well as under section 771(24)(D) of
the Act, which pertains to negligibility analysis for a regional
industry.\30\
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\30\ For further information regarding negligibility and the
injury allegation, see Mexico AD Initiation Checklist at Attachment
III, Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping Duty Petition Covering Fresh Winter
Strawberries from Mexico.
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The petitioner contends that the industry's injured condition is
illustrated by a significant increase in the volume of subject imports;
reduced market share; underselling and price suppression; lost sales
and revenues; and negative impact on financial
[[Page 6825]]
performance.\31\ We assessed the allegations and supporting evidence
regarding material injury, threat of material injury, causation, as
well as negligibility, and we have determined that these allegations
are properly supported by adequate evidence, and meet the statutory
requirements for initiation.\32\
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\31\ Id.
\32\ Id.
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate an LTFV
investigation of imports of winter strawberries from Mexico. The
sources of data for the deductions and adjustments relating to U.S.
price and normal value (NV) are discussed in greater detail in the
Mexico AD Initiation Checklist.
U.S. Price
The petitioner calculated export price (EP) based on terminal
market prices for winter strawberries produced in Mexico and sold or
offered for sale in the U.S. market and monthly average unit values
(AUVs) for obtained from publicly available official import statistics
for U.S. imports winter strawberries from Mexico.\33\ The petitioner
made certain adjustments to U.S. price to calculate net ex-factory U.S.
prices, where applicable.\34\ However, for purposes of this initiation,
we have based EP on the POI AUV calculated by Commerce.\35\
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\33\ See Mexico AD Initiation Checklist.
\34\ Id.
\35\ For further discussion, see Mexico AD Initiation Checklist.
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Normal Value <SUP>36</SUP>
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\36\ In accordance with section 773(b)(2) of the Act, for this
investigation, Commerce will request information necessary to
calculate the constructed value (CV) and COP to determine whether
there are reasonable grounds to believe or suspect that sales of the
foreign like product have been made at prices that represent less
than the COP of the product.
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The petitioner calculated NV on home market pricing information
they obtained for winter strawberries produced in and sold, or offered
for sale, in Mexico during the POI.\37\ The petitioner made certain
adjustments to the home market prices to calculate net home market
prices, where applicable.\38\ For purposes of this initiation, we have
relied on the POI average ``Frequent price'' reported in the home
market pricing provided by the petitioner.\39\
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\37\ See Mexico AD Initiation Checklist.
\38\ Id.
\39\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of winter strawberries from Mexico are being, or
are likely to be, sold in the United States at LTFV. Based on
comparisons of EP or NV in accordance with sections 772 and 773 of the
Act, using Commerce's methodology for EP and NV outlined above, the
estimated dumping margin for winter strawberries from Mexico covered by
this initiation is 18.32 percent.\40\
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\40\ Id.
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Initiation of LTFV Investigation
Based upon the examination of the Petition and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating an LTFV investigation to
determine whether imports of winter strawberries from Mexico are being,
or are likely to be, sold in the United States at LTFV. In accordance
with section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless
postponed, we will make our preliminary determination no later than 140
days after the date of this initiation.
Respondent Selection
In the Petition, the petitioner identified 60 companies in Mexico
as producers and/or exporters of winter strawberries.\41\ Following
standard practice in LTFV investigations involving market economy
countries, in the event Commerce determines that the number of
companies is large, and it cannot individually examine each company
based upon Commerce's resources, where appropriate, Commerce intends to
select mandatory respondents based on U.S. Customs and Border
Protection (CBP) data for imports under the appropriate Harmonized
Tariff Schedule of the United States (HTSUS) subheading(s) listed in
the ``Scope of the Investigations,'' in the appendix.
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\41\ See Petition at Volume I (page 6 and Exhibit I-8); see also
Second General Issues and AD Supplement at 1.
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On February 9, 2026, Commerce released CBP data on imports of
winter strawberries from Mexico under administrative protective order
(APO) to all parties with access to information protected by APO and
indicated that interested parties wishing to comment on CBP data and/or
respondent selection must do so within three business days of the
publication date of this notice in the Federal Register.\42\ Comments
must be filed electronically using ACCESS. An electronically filed
document must be received successfully in its entirety via ACCESS by
5:00 p.m. ET on the specified deadline. Commerce will not accept
rebuttal comments regarding the CBP data or respondent selection.
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\42\ See Memorandum, ``Release of U.S. Customs and Border
Protection Entry Data,'' dated February 9, 2026.
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Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at <a href="https://www.trade.gov/administrative-protective-orders">https://www.trade.gov/administrative-protective-orders</a>.
Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the Government of Mexico via ACCESS. To the extent
practicable, we will attempt to provide a copy of the public version of
the Petition to each exporter named in the Petition, as provided under
19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our initiation, as required by
section 732(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 25 days after the date
on which the ITC received notice from Commerce of initiation of the
investigation, whether there is a reasonable indication that imports of
winter strawberries from Mexico are materially injuring, or threatening
material injury to, a U.S. industry.\43\ A negative ITC determination
will result in the investigation being terminated.\44\ Otherwise, this
LTFV investigation will proceed according to statutory and regulatory
time limits.
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\43\ See section 733(a) of the Act.
\44\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \45\ and, if the information is submitted to rebut,
clarify, or correct factual information
[[Page 6826]]
already on the record, to provide an explanation identifying the
information already on the record that the factual information seeks to
rebut, clarify, or correct.\46\ Time limits for the submission of
factual information are addressed in 19 CFR 351.301, which provides
specific time limits based on the type of factual information being
submitted. Interested parties should review the regulations prior to
submitting factual information in this investigation.
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\45\ See 19 CFR 351.301(b).
\46\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of constructed value, stating that
``if a particular market situation exists such that the cost of
materials and fabrication or other processing of any kind does not
accurately reflect the cost of production in the ordinary course of
trade, the administering authority may use another calculation
methodology under this subtitle or any other calculation methodology.''
When an interested party submits a PMS allegation pursuant to section
773(e) of the Act (i.e., a cost-based PMS allegation), the submission
must be filed in accordance with the requirements of 19 CFR 351.416(b),
and Commerce will respond to such a submission consistent with 19 CFR
351.301(c)(2)(v). If Commerce finds that a cost-based PMS exists under
section 773(e) of the Act, then it will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v),
sets a deadline for the submission of cost-based PMS allegations and
supporting factual information. However, in order to administer section
773(e) of the Act, Commerce must receive PMS allegations and supporting
factual information with enough time to consider the submission. Thus,
should an interested party wish to submit a cost-based PMS allegation
and supporting new factual information pursuant to section 773(e) of
the Act, it must do so no later than 20 days after submission of a
respondent's initial section D questionnaire response.
We note that a PMS allegation filed pursuant to sections
773(a)(1)(B)(ii)(III) or 773(a)(1)(C)(iii) of the Act (i.e., a sales-
based PMS allegation) must be filed within 10 days of submission of a
respondent's initial section B questionnaire response, in accordance
with 19 CFR 351.301(c)(2)(i) and 19 CFR 351.404(c)(2).
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301, or as otherwise specified by
Commerce.\47\ For submissions that are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m. ET on the due date. Under certain
circumstances, Commerce may elect to specify a different time limit by
which extension requests will be considered untimely for submissions
which are due from multiple parties simultaneously. In such a case, we
will inform parties in a letter or memorandum of the deadline
(including a specified time) by which extension requests must be filed
to be considered timely. An extension request must be made in a
separate, standalone submission; under limited circumstances we will
grant untimely filed requests for the extension of time limits, where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning the
extension of time limits and the Time Limits Final Rule prior to
submitting factual information in this investigation.\48\
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\47\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013 (Time Limits Final
Rule), available at <a href="https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>.
\48\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
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Certification Requirements
Any party submitting factual information in an AD or countervailing
duty proceeding must certify to the accuracy and completeness of that
information.\49\ Parties must use the certification formats provided in
19 CFR 351.303(g).\50\ Commerce intends to reject factual submissions
if the submitting party does not comply with the applicable
certification requirements.
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\49\ See section 782(b) of the Act.
\50\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2023) (Final Rule). Additional
information regarding the Final Rule is available at <a href="https://access.trade.gov/Resources/filing/index.html">https://access.trade.gov/Resources/filing/index.html</a>.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in this investigation should ensure that they meet the requirements of
19 CFR 351.103(d) (e.g., by filing the required letter of appearance).
Note that Commerce has amended certain of its requirements pertaining
to the service of documents in 19 CFR 351.303(f).\51\
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\51\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: February 9, 2026.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Scope of the Investigation
The merchandise covered by this investigation is all fresh and
chilled winter strawberries (winter strawberries) from Mexico
harvested or entered during the period November 1 through March 31.
Winter strawberries may be stemmed or de-stemmed, whole or
sliced, imported in bulk or loose form, or may be imported in
individual containers packaged for retail sale. The scope of this
investigation includes all winter strawberries, whether or not
organic, regardless of production method, and irrespective of color,
grade, shape, size, or packaging. Subject merchandise may be
cleaned, coated (including chocolate covered or other coated
confectionary items), washed, waxed, inspected, subjected to metal
detection, and/or vacuum cooled prior to importation, including
winter strawberries that undergo further processing in a third
country.
Winter strawberries covered by this investigation are classified
under the following subheadings of the Harmonized Tariff Schedule of
the United States (HTSUS) and may enter under: 0810.10.4020;
0810.10.4040; 0810.10.4060; 0810.10.4080; and prior to 2024,
0810.10.4010 and 0810.10.4090. Although the HTSUS numbers are
provided for convenience and customs purposes, the written
description of the scope of the investigation is dispositive.
[FR Doc. 2026-02931 Filed 2-12-26; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 13, 2026.
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