[Federal Register Volume 77, Number 191 (Tuesday, October 2, 2012)]
[Notices]
[Pages 60103-60105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24283]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-820]
Fresh Tomatoes From Mexico: Notice of Preliminary Results of
Changed Circumstances Review and Intent To Terminate the Suspended
Antidumping Investigation
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On January 22, 2008, the Department of Commerce (the
Department) signed the current suspension agreement on fresh tomatoes
with growers/exporters of Mexican tomatoes accounting for substantially
all (i.e., not less than 85 percent) of Mexico's tomato exports to the
United States. The agreement covers all fresh or chilled tomatoes of
Mexican origin, except tomatoes that are for processing. On June 22,
2012, the U.S. petitioners in the suspended antidumping duty
investigation filed a request for withdrawal of the petition and
termination of the investigation and the suspension agreement. On
August 21, 2012, the Department published a notice of initiation of
changed circumstances review to examine the petitioners' request to
terminate the suspended investigation. See Fresh Tomatoes from Mexico:
Notice of Initiation of Changed Circumstances Review, 77 FR 50554
(August 21, 2012) and Correction: Fresh Tomatoes From Mexico: Notice of
Initiation of Changed Circumstances Review and Consideration of
Termination of Suspended Investigation, 77 FR 50556 (August 21, 2012)
(collectively, Initiation Notice). In the Initiation Notice we invited
interested parties to submit comments for the Department's
consideration by September 4, 2012. We have considered the comments
received by September 4, 2012, and, for the reasons stated in this
notice and in the accompanying decision memorandum, the Department is
notifying the public of our preliminary intent to terminate the
suspended investigation. If the suspended investigation is terminated
in the final results of this review, the
[[Page 60104]]
suspension agreement will also terminate, effective on the date of
publication of the notice of final results of the changed circumstances
review in the Federal Register. Interested parties are invited to
comment on these preliminary results.
DATES: Effective October 2, 2012.
FOR FURTHER INFORMATION CONTACT: Judith Wey Rudman, Julie Santoboni, or
Anne D'Alauro, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-
0192, (202) 482-3063, or (202) 482-4830, respectively.
SUPPLEMENTAL INFORMATION:
Background
On August 21, 2012, the Department published a notice of initiation
of changed circumstances review to examine the petitioners' request to
terminate the suspended investigation. See Initiation Notice. In the
Initiation Notice we invited interested parties to submit comments for
the Department's consideration by September 4, 2012. Interested parties
were requested to address the issue of industry support in their
comments.
On September 4, 2012, we received comments from the Florida Tomato
Exchange (FTE) and the Florida Tomato Growers Exchange (FTGE), Village
Farms, Windset Farms and Houwelings Nurseries Oxnard Inc.
(collectively, ``domestic producers''); CAADES Sinaloa, A.C., Consejo
Agricola de Baja California, A.C., Asociacion Mexicana de Horticultura
Protegida, A.C., Union Agricola Regional de Sonora Productores de
Hortalizas Frutas y Legtunbres, and Confederacion Nacional de
Productores de Hortalizas, (collectively, ``Mexican tomato growers/
exporters''); San Vincente Camalu S.P.R. de R.I.; NatureSweet Ltd.;
McEntire Produce; the Fresh Produce Association of the Americas; Wal-
Mart; Grant County Foods, LLC; the Government of Mexico; and the Texas
International Produce Association. For additional background
information, please see ``Decision Memorandum: Preliminary Results of
Changed Circumstances Review and Intent to Terminate the Suspended
Investigation'' (Preliminary Decision Memorandum) from Lynn Fischer
Fox, Deputy Assistant Secretary for Policy and Negotiations, to Paul
Piquado, Assistant Secretary for Import Administration, dated
concurrently with these results and hereby adopted by this notice.
Scope of the Suspended Investigation
The merchandise subject to the suspended investigation is all fresh
or chilled tomatoes (fresh tomatoes) which have Mexico as their origin,
except for those tomatoes which are for processing. The merchandise
subject to the suspended investigation is currently classified under
the following subheadings of the Harmonized Tariff Schedules of the
United States (HTSUS), according to the season of importation: 0702 and
9906.07.01 through 9906.07.09. Although the HTSUS numbers are provided
for convenience and customs purposes, the written description of the
scope of the suspended investigation, available at Suspension of
Antidumping Investigation: Fresh Tomatoes from Mexico, 73 FR 4832
(January 28, 2008), is dispositive.
Preliminary Results of Changed Circumstances Review and Intent to
Terminate the Suspended Investigation
When examining the domestic industry's interest in an order or
suspended investigation, both the Tariff Act of 1930, as amended (the
Act), and the Department's regulations require that ``substantially
all'' domestic producers express a lack of interest in the order or
suspension agreement for revocation of an order or termination of a
suspended investigation. See 782(h) of the Act and 19 CFR 222(g). The
Department has interpreted ``substantially all'' to represent producers
accounting for at least 85 percent of U.S. production of the domestic
like product. Certain Orange Juice from Brazil: Preliminary Results of
Antidumping Duty Changed Circumstances Review and Intent Not to Revoke,
In Part, 73 FR 60241, 60242 (October 10, 2008), unchanged in Certain
Orange Juice From Brazil: Final Results of Antidumping Duty Changed
Circumstances Review, 74 FR 4733 (January 27, 2009).
On September 4, 2012, the domestic producers expressing a lack of
interest in continuing the suspended investigation provided information
regarding the percentage of domestic production that they represent.
The domestic producers submitted signed declarations from 80 U.S.
tomato producers accounting for slightly over 90 percent of U.S.
production in 2011, based on information from the U.S. Department of
Agriculture's Economic Research Service ``Vegetables and Pulses
Yearbook Data'' (Yearbook). In their September 4, 2012, comments, the
Mexican tomato growers/exporters argued that the USDA data historically
used by the petitioners does not capture total U.S. fresh tomato
production. We have considered the arguments raised by interested
parties and find that the USDA Yearbook is an objective and reliable
source for 2011 U.S. tomato production for purposes of determining
industry support in these preliminary results. While we recognize that
there are limitations with the USDA data, as discussed in the
Preliminary Decision Memorandum, we do not find that these limitations
are sufficiently significant as to preclude us from using it to
calculate industry support in this instance.
We have considered the information provided by the domestic
producers and the September 4, 2012, comments of interested parties and
find that, for purposes of these preliminary results, the domestic
producers expressing a lack of interest in the suspended investigation
account for substantially all, i.e., not less than 85 percent, of the
production of fresh tomatoes in the United States, based on the best
publicly available production data. For a detailed discussion of this
issue and the comments received from interested parties, see the
Preliminary Decision Memorandum.
In light of the above, the Department is preliminarily notifying
the public of its intent to terminate the suspended investigation on
fresh tomatoes from Mexico.
The Department will consider new factual information from
interested parties submitted on the record within 15 days of
publication of this notice in the Federal Register. The Department will
consider factual information from interested parties to rebut, clarify,
or correct information placed on the record that is submitted not later
than five days after the time limit for filing new factual information.
For each piece of factual information submitted, the interested party
must provide a written explanation of what information that is already
on the record of the ongoing proceeding that the factual information is
rebutting, clarifying, or correcting.
Public Comment
Interested parties are invited to comment on the preliminary
results of this review. The Department will consider case briefs filed
by interested parties within 30 days after the date of publication of
this notice in the Federal Register.\1\ Interested parties may file
rebuttal briefs, limited to issues raised in the case briefs.\2\ The
Department will consider rebuttal briefs filed not later than ten days
after the time limit for
[[Page 60105]]
filing case briefs. Parties who submit arguments are requested to
submit with each argument a statement of the issue, a brief summary of
the argument, and a table of authorities cited.
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\1\ See 19 CFR 351.309(c)(1)(ii).
\2\ See 19 CFR 351.309(d).
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Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request to the Assistant
Secretary for Import Administration, U.S. Department of Commerce, filed
electronically using Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (IA ACCESS).
An electronically filed document requesting a hearing must be received
successfully in its entirety by the Department's electronic records
system, IA ACCESS, by 5 p.m. Eastern Time within 30 days after the date
of publication of this notice.\3\ Requests should contain the party's
name, address, and telephone number, the number of participants, and a
list of the issues to be discussed. If a request for a hearing is made,
the Department will inform parties of the scheduled date for the
hearing which will be held at the U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230, at a time and
location to be determined. Parties should confirm by telephone the
date, time, and location of the hearing.
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\3\ See 19 CFR 351.310(c).
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The Department will issue the final results of this changed
circumstances review, which will include the results of its analysis
raised in any such written comments, as soon as is practicable, but not
later than 270 days after the date on which this review was initiated.
See 19 CFR 351.216(e).
If the suspended investigation is terminated in the final results
of this review, the suspension agreement will also terminate, effective
on the date of publication of the notice of final results of the
changed circumstances review in the Federal Register.
These preliminary results of review and notice are in accordance
with sections 751(b) of the Act and 19 CFR 351.216, 351.221(c)(3), and
351.222.
Dated: September 27, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-24283 Filed 10-1-12; 8:45 am]
BILLING CODE 3510-DS-P