Liquidation and Discontinuation of Suspension of Liquidation

1. The Department of Commerce published notice in the Federal Register on 09/24/2019 (84 FR 49987) of the 2019 Agreement Suspending the Antidumping Duty Investigation on Fresh Tomatoes from Mexico (the Agreement), effective 09/19/2019. Imports of fresh tomatoes from Mexico are subject to the terms and conditions of the suspension agreement between Commerce and each signatory. 2. The merchandise covered by the suspension agreement 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 agreement, 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. In Appendix F of the Agreement, Commerce outlined the procedure that signatories must follow for selling subject merchandise for processing. 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 Agreement. 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 agreement. Tomatoes imported from Mexico covered by the suspension agreement are classified under the following subheadings of the Harmonized Tariff Schedules 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 agreement is dispositive. 3. Effective 10/16/2019, the 20-day period for parties to request a review of the suspension agreement pursuant to section 734(h) of the Tariff Act of 1930, as amended, expired without any party requesting such a review. 4. Accordingly, and because the Agreement remains in force, CBP is directed to discontinue suspension of liquidation for fresh tomatoes from Mexico entered, or withdrawn from warehouse, for consumption on or after 10/16/2019. 5. Further, CBP is directed to liquidate all suspended entries of fresh tomatoes from Mexico that were entered, or withdrawn from warehouse, for consumption on or after 05/07/2019 without regard to antidumping duties (i.e., release all bonds and refund all cash deposits). 6. The interest provisions of section 778 of the Act do not apply. 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: JAB.). 8. There are no restrictions on the release of this information. Alexander Amdur