Notice2026-03195
Fresh Tomatoes From Mexico: Final Clarification of the Scope of the Antidumping Duty Order
Primary source
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Published
February 18, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On December 22, 2025, the U.S. Department of Commerce (Commerce) issued a proposed clarification of the scope of the antidumping duty (AD) order on fresh tomatoes from Mexico. Based on comments from interested parties, Commerce has further clarified the scope of this order.
Full Text
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<title>Federal Register, Volume 91 Issue 32 (Wednesday, February 18, 2026)</title>
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[Federal Register Volume 91, Number 32 (Wednesday, February 18, 2026)]
[Notices]
[Pages 7439-7440]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03195]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-820]
Fresh Tomatoes From Mexico: Final Clarification of the Scope of
the Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On December 22, 2025, the U.S. Department of Commerce
(Commerce) issued a proposed clarification of the scope of the
antidumping duty (AD) order on fresh tomatoes from Mexico. Based on
comments from interested parties, Commerce has further clarified the
scope of this order.
DATES: Applicable July 14, 2025.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-0410.
SUPPLEMENTARY INFORMATION:
Background
Section 351.225 of Commerce's regulations governs Commerce's scope
rulings. Commerce may clarify the scope of an order in accordance with
19 CFR 351.225(q). On December 22, 2025, Commerce issued the Proposed
Scope Clarification \1\ to provide notice that it intends to clarify
the scope of the Order by adding certain certification requirements for
fresh tomatoes imported for processing and expressly excluded from the
scope of the Order.\2\ Interested parties were invited to comment on
the intended clarification.
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\1\ See Memorandum, ``Intent to Clarify Scope of the Order,''
dated December 22, 2025 (Proposed Scope Clarification).
\2\ See Fresh Tomatoes from Mexico: Termination of Suspension
Agreement, Rescission of Administrative Reviews, and Imposition of
an Antidumping Duty Order, 90 FR 33363, (July 17, 2025) (Order).
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Comments on the Proposed Scope Clarification
Commerce received comments from the Florida Tomato Exchange (FTE)
and a rebuttal submission from the Fresh Produce Association of the
Americas (FPAA). No other parties commented on the Proposed Scope
Clarification.
FTE's Comments
<bullet> Commerce should refine its proposed language because it is
susceptible to more than one interpretation, and Commerce should
include an additional certification requirement because the proposed
U.S. Department of Agriculture (USDA) form is inadequate to fulfill the
purpose of the proposed change.
<bullet> Consistent with the requirements of the 2019 suspension
agreement, Commerce should require an additional certification specific
to this proceeding that remedies the deficiencies of USDA Form SC-6.
FPAA's Rebuttal
<bullet> FPAA concurs with the petitioner's proposed changes to
Commerce's proposed clarifying language regarding tomatoes for
processing.
<bullet> To the extent that Commerce is modifying the scope
definition to clarify the need for a Form SC-6 to be submitted,
Commerce should also coordinate and work with U.S. Customs and Border
Protection (CBP) to ensure that CBP's Automated Customs Environment
(ACE) system is also modified so that importers will have a way to
comply with the additional scope requirements for imports of tomatoes
for processing to also declare that they have an accompanying Form SC-
6.
Final Scope Clarification
Commerce agrees with the petitioner and FPAA that there is
ambiguity in the Proposed Scope Clarification and is adopting the
petitioner's suggested changes. The Proposed Scope Clarification is
intended to insert the certification requirements for entries of fresh
tomatoes imported into the United States for processing and expressly
excluded from the scope of the Order. This clarification is not
intended to change the scope of the fresh tomatoes either covered by
the Order or excluded
[[Page 7440]]
from the Order but is merely intended to clarify and inform the public
that entries of fresh tomatoes imported into the United States for
processing must be accompanied by SC-6 \3\ and the ``Processing
Tomatoes Certification Form.'' \4\
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\3\ The sample of SC-6 is available at: <a href="https://www.ams.usda.gov/sites/default/files/media/SC6ImportersExemptCommodityForm.pdf">https://www.ams.usda.gov/sites/default/files/media/SC6ImportersExemptCommodityForm.pdf</a>.
\4\ The ``Processing Tomatoes Certification Form'' is available
at the Enforcement and Compliance website at: <a href="https://www.trade.gov/fresh-tomatoes-forms">https://www.trade.gov/fresh-tomatoes-forms</a>.
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Furthermore, with respect to the FPAA's request that Commerce work
with CBP to modify the ACE system, Commerce will require that importers
file the SC-6 and the Processing Tomatoes Certification Form to be
uploaded into the ACE document imaging system at the time of filing an
entry summary, as explained in the ``Certification Requirements''
section below.
Certification Requirements
Importers are required to complete and maintain the applicable
certifications and retain all supporting documentation. As of the date
of publication of this Federal Register notice, the importer
certifications must be completed, signed, and dated by the time the
entry summary is filed for the relevant entry.
The importer, or the importer's agent, must submit the importer's
certifications at the time of entry summary by uploading these
documents into the document imaging system (DIS) in ACE. Where the
importer uses a broker to facilitate the entry process, the importer
should obtain the entry summary number from the broker. Agents of the
importer, such as brokers, however, are not permitted to certify on
behalf of the importer. Consistent with CBP's procedures, importers
shall identify certified entries by using importers' additional
declaration (record 54) AD/CVD Certification Designation (type code 06)
when filing entry summary.\5\ These certifications and declarations
must be maintained by the importer and presented to CBP upon request
and both the importer or importer's agent, as applicable, and the
processor must maintain copies of these forms for five years. The
claims made in the certifications and declarations and any supporting
documentation are subject to verification by Commerce and/or CBP.
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\5\ See Cargo System Messaging Service #59384253, dated February
12, 2024; see also Announcing an Importer's Additional Declaration
in the Automated Commercial Environment Specific to Antidumping/
Countervailing Duty Certifications, 89 FR 7372 (February 2, 2024).
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Scope of the Order
The merchandise subject to the Order is fresh tomatoes from Mexico.
For a complete description of the revised scope of the Order, see the
appendix to this notice.
Notification to Interested Parties
This notice is issued and published in accordance with 19 CFR
351.225(q).
Dated: February 11, 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 Order
The merchandise subject to the Order 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 the
Order, 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. Further, imports of fresh tomatoes for processing
must be accompanied by an ``Importer's Exempt Commodity Form'' (SC-
6) (within the meaning of 7 CFR 980.501(a)(2) and 980.212(i)) and
must be accompanied by the ``Processing Tomatoes Certification
Form.'' 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 the Order, whether or not accompanied by
an SC-6 form.
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 the Order.
Tomatoes imported from Mexico covered by the Order are
classified under the following subheading of the Harmonized Tariff
Schedule of the United States (HTSUS), according to the season of
importation: 0702. Although the HTSUS numbers are provided for
convenience and customs purposes, the written description of the
scope of the Order is dispositive.
[FR Doc. 2026-03195 Filed 2-17-26; 8:45 am]
BILLING CODE 3510-DS-P
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