Fresh Winter Strawberries From Mexico; Scheduling of the Final Phase of Antidumping Duty Investigation
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Abstract
The Commission hereby gives notice of the scheduling of the final phase of antidumping investigation No. 731-TA-1770 (Final) pursuant to the Tariff Act of 1930 to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of fresh winter strawberries from Mexico, provided for in subheading 0810.10.40 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce ("Commerce") to be sold in the United States at less-than-fair-value.
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<title>Federal Register, Volume 91 Issue 174 (Thursday, September 10, 2026)</title>
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[Federal Register Volume 91, Number 174 (Thursday, September 10, 2026)]
[Notices]
[Pages 57652-57654]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18395]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-1770 (Final)]
Fresh Winter Strawberries From Mexico; Scheduling of the Final
Phase of Antidumping Duty Investigation
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping investigation No. 731-TA-1770 (Final)
pursuant to the Tariff Act of 1930 to determine whether an industry in
the United States is materially injured or threatened with material
injury, or the establishment of an industry in the United States is
materially retarded, by reason of imports of fresh winter strawberries
from Mexico, provided for in subheading 0810.10.40 of the Harmonized
Tariff Schedule of the United States, preliminarily determined by the
Department of Commerce (``Commerce'') to be sold in the United States
at less-than-fair-value.
DATES: August 21, 2026.
FOR FURTHER INFORMATION CONTACT: Caitlyn Costello (202-205-2058),
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
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:
Scope.--For purposes of this investigation, Commerce has defined
the subject merchandise as ``all fresh and chilled winter strawberries
from Mexico entered during the period November 1 through March 31.
Winter strawberries may be stemmed or destemmed, 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.''
Background.--The final phase of this investigation is being
scheduled pursuant to section 731(b) of the Tariff Act of 1930 (19
U.S.C. 1673d(b)), as a
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result of an affirmative preliminary determination by Commerce that
such products are being sold in the United States at less than fair
value within the meaning of Sec. 733 of the Act (19 U.S.C. 1673b). The
investigation was requested in a petition filed on December 31, 2025,
by Strawberry Growers for Fair Trade (``SGFT'').\1\
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\1\ SGFT is an ad hoc trade association consisting of Astin
Strawberry Exchange (Plant City, Florida); BBI Produce, Inc. dba
Berry Boss (Dover, Florida); Florida Department of Agriculture and
Consumer Services (Tallahassee, Florida); Grimes Produce Company
(Plant City, Florida); Mathis Farms (Plant City, Florida); Simmons
Farms, Inc. (Plant City, Florida); Sizemore Farms, Inc. (Plant City,
Florida); Sweet Life Farms (Plant City, Florida); Ultra Farms
(Wimauma, Florida); and the Florida Strawberry Growers Association
(Dover, Florida).
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For further information concerning the conduct of this phase of the
investigation, hearing procedures, 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 and C (19
CFR part 207).
Participation in the investigation 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 final phase of this
investigation as parties must file an entry of appearance with the
Secretary to the Commission, as provided in Sec. 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigation need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigation.
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 Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of this investigation
available to authorized applicants under the APO issued in the
investigation, 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 investigation. A party granted access
to BPI in the preliminary phase of the investigation 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 final phase of
this investigation will be placed in the nonpublic record on December
18, 2026, and a public version will be issued thereafter, pursuant to
Sec. 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of this investigation beginning at 9:30 a.m. on January 6,
2027. Requests to appear at the hearing should be filed in writing with
the Secretary to the Commission on or before December 30, 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
investigation, 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 3:00 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 January 4,
2027. Parties shall file and serve written testimony and presentation
slides in connection with their presentation at the hearing by no later
than noon on January 5, 2027. 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 who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of Sec. 207.23 of the Commission's rules;
the deadline for filing is 5:15 p.m. on December 29, 2026. Parties
shall also file written testimony in connection with their presentation
at the hearing, and posthearing briefs, which must conform with the
provisions of Sec. 207.25 of the Commission's rules. The deadline for
filing posthearing briefs is 5:15 p.m. on January 13, 2027. In
addition, any person who has not entered an appearance as a party to
the investigation may submit a written statement of information
pertinent to the subject of the investigation, including statements of
support or opposition to the petition, on or before 5:15 p.m. on
January 13, 2027. On January 28, 2027, 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 February 1, 2027, but such final
comments must not contain new factual information and must otherwise
comply with Sec. 207.30 of the Commission's rules. All written
submissions must conform with the provisions of Sec. 201.8 of the
Commission's rules; any submissions that contain BPI must also conform
with the requirements of Sec. Sec. 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 Sec. 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 Sec. Sec. 201.16(c) and 207.3 of the
Commission's rules, each document filed by a party to the investigation
must be served on all other parties to the investigation (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 investigation is being conducted under authority of
title VII of the Tariff Act of 1930; this notice is published pursuant
to Sec. 207.21 of the Commission's rules.
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By order of the Commission.
Issued: September 4, 2026.
Sharon Bellamy,
Supervisory Hearings and Information Officer.
[FR Doc. 2026-18395 Filed 9-9-26; 8:45 am]
BILLING CODE 7020-02-P
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