Message body
Full text as published by U.S. Customs and Border Protection
1.
On 11/01/1996, the Department of Commerce (Commerce) published in the Federal Register its preliminary determination of sales at less than fair value in the antidumping duty investigation of Fresh Tomatoes from Mexico (61 FR 56608) and its notice of an agreement to suspend the antidumping duty investigation (61 FR 56618).
New agreements were signed and published in 2002 (67 FR 77044), 2008 (73 FR 4831), and 2013 (78 FR 14967).
On 02/06/2019, Commerce notified Mexican signatories that Commerce intended to withdraw from the Agreement.
On 05/13/2019, Commerce published in the Federal Register its notice terminating the suspension agreement and resuming the investigation on Fresh Tomatoes from Mexico (84 FR 20858), effective on 05/07/2019.
As a result, the suspension of liquidation on Fresh Tomatoes from Mexico is reinstated and cash deposits or the posting of a bond equal to the estimated margins listed in Paragraph 3 below are now required.
2.
The scope of the investigation is as follows:
The merchandise covered by the investigation 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 investigation, 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.
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 investigation.
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 investigation.
Tomatoes imported from Mexico covered by the investigation are classified under the following subheading of the Harmonized Tariff Schedules of the United States (HTSUS), according to the season of importation: 0702. Although this HTSUS number is provided for convenience and Customs purposes, the written description of the scope of the agreement is dispositive.
3.
For imports of Fresh Tomatoes from Mexico, CBP shall resume suspension of liquidation of entries of subject merchandise entered, or withdrawn from warehouse, for consumption on or after 05/07/2019.
Note that the case numbers listed below are for purposes of the continued investigation only and are distinct from numbers that the companies identified below may have had for purposes of the suspension agreement.
Effective 05/07/2019, CBP shall require a cash deposit or the posting of a bond equal to the margin rates shown below:
Grower and/or Exporter San Vincente Camalu
Case Number:
A-201-820-991
Cash Deposit Rate:
4.16%
Grower and/or Exporter Exportadora Agricola Sacramento S.A. de C.V.
(formerly known as Ernesto Fernando Echavarria Salazar Grupo
Solidario)
Case Number:
A-201-820-992
Cash Deposit Rate:
11.89%
Grower and/or Exporter Arturo Lomeli Villalobas S.A. de C.V.
Case Number:
A-201-820-993
Cash Deposit Rate:
26.97%
Grower and/or Exporter Eco-Cultivos S.A. de C.V.
Case Number:
A-201-820-994
Cash Deposit Rate:
188.45%
Grower and/or Exporter Productora Agricola Industrial del Noroeste, S.A. de C.V.
(formerly known as Ranchos Los Pinos S. de R.L. de C.V.)
Case Number:
A-201-820-995
Cash Deposit Rate:
10.26%
Grower and/or Exporter Administradora Horticola del Tamazula
Case Number:
A-201-820-996
Cash Deposit Rate:
28.30%
Grower and/or Exporter Agricola Yory, S. de P.R. de R.I
Case Number:
A-201-820-997
Cash Deposit Rate:
11.95%
All Other Growers and/or Exporters
Case Number:
A-201-820-000
Cash Deposit Rate:
17.56%
4.
If any entries of merchandise are exported by a firm other than the grower, then the following instructions apply:
A.
If the exporter of the subject merchandise does not have its own rate but the grower has its own rate, the cash deposit rate will be the grower's rate.
B.
Where neither the exporter nor the grower currently has its own rate or the grower is unknown, use the all-others rate for establishing the cash deposit rate.
5.
These cash deposit requirements shall remain in effect until further notice.
Do not liquidate any entries of merchandise entered, or withdrawn from warehouse, for consumption on or after 05/07/2019 until specific liquidation instructions are issued.
6.
In accordance with T.D. 85-145, at the discretion of CBP, customs officers may accept either a single importation and entry bond or a continuous basic importation and entry bond only if the amount of the estimated antidumping duty is less than five percent ad valorem (or the equivalent).
Otherwise, where the importer has the option to post a bond for estimated antidumping or countervailing duties, customs officers must require a single-entry basic importation and entry bond pursuant to T.D. 85-145.
You are instructed to adhere to the requirements of T.D. 850145 with respect to these bonding requirements.
7.
If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, at (202) 482-0984.
CBP ports should submit their inquiries through authorized CBP channels only.
(This message was generated by OP/BAU: DWC.)
8.
There are no restrictions on the release of this information.
Alexander Amdur