[Federal Register Volume 78, Number 45 (Thursday, March 7, 2013)]
[Notices]
[Pages 14771-14773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05211]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-820]
Fresh Tomatoes From Mexico: Termination of Suspension Agreement,
Termination of Five-Year Sunset Review, and Resumption of Antidumping
Investigation
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: March 1, 2013.
SUMMARY: On February 28, 2013, Mexican tomato growers/exporters
accounting for a significant percentage of all fresh tomatoes imported
into the United States from Mexico provided written notice to the
Department of Commerce of their withdrawal from the agreement
suspending the antidumping investigation on fresh tomatoes from Mexico.
Because the suspension agreement no longer covers substantially all
imports of fresh tomatoes from Mexico, the Department of Commerce is
terminating the suspension agreement, terminating the sunset review of
the suspended investigation, and resuming the antidumping
investigation.
FOR FURTHER INFORMATION CONTACT: Judith Wey Rudman or Julie Santoboni
at (202) 482-0192 or (202) 482-3063, respectively; Office of Policy,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street & Constitution Avenue NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On February 2, 2013, the Department of Commerce (the Department)
and Mexican tomato growers/exporters accounting for a significant
percentage of all fresh tomatoes imported into the United States from
Mexico initialed a proposed agreement that would suspend a resumed
antidumping investigation on fresh tomatoes from Mexico. Based on this
proposed agreement, and the anticipation that the Mexican tomato
growers/exporters would withdraw from the 2008 Agreement in order to
enter into a new agreement if an acceptable agreement was reached, the
Department published a notice of intent to terminate the suspension
agreement and resume the antidumping investigation, and intent to
terminate the sunset review on February 8, 2013. (See, Fresh Tomatoes
from Mexico: Intent to Terminate Suspension Agreement and Resume
Antidumping Investigation and Intent to Terminate Sunset Review, 78 FR
9366 (February 8, 2013).
On February 28, 2013, Mexican tomato growers/exporters accounting
for a significant percentage of all fresh tomatoes imported into the
United States from Mexico provided written notice to the Department of
their withdrawal from the 2008 Suspension Agreement, effective 90 days
from the date of their withdrawal letter (i.e., May 29, 2013), or
earlier, at the Department's discretion. The Department is accepting
the Mexican tomato growers/exporters withdrawal from the 2008
Suspension Agreement, effective March 1, 2013. Because the suspension
agreement no longer covers substantially all imports of fresh tomatoes
from Mexico, the Department of Commerce is terminating the suspension
agreement, terminating the sunset review of the suspended
investigation, and resuming the antidumping investigation.
Scope of the Investigation
The merchandise subject to this 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
this 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 this Agreement.
Commercially grown tomatoes, both for the fresh market and for
processing,
[[Page 14772]]
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 this
investigation.
Tomatoes imported from Mexico covered by this 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 the HTSUS numbers are provided for
convenience and customs purposes, the written description of the scope
of this investigation is dispositive.
Period of Investigation
The period of investigation (POI) is March 1, 1995, through
February 29, 1996.
Termination of Suspension Agreement
The 2008 Suspension Agreement is an agreement to eliminate injury
under section 734(c) of the Act. Under this type of suspension
agreement, the Department may suspend an investigation based upon an
agreement with exporters accounting for substantially all of the
imports of the subject merchandise. The regulations in turn define
``substantially all'' as exporters (growers and resellers) which have
accounted for not less than 85 percent by value or volume of the
merchandise during the period for which the Department is measuring
dumping in the investigation or such other period that the Secretary
considers representative. See 19 CFR 353.18(c) (1996).
On February 28, 2013, signatory growers/exporters accounting for a
large percentage of all fresh tomatoes imported into the United States
from Mexico provided written notice to the Department of their
withdrawal from the 2008 Suspension Agreement. Pursuant to the terms of
the 2008 Suspension Agreement, signatory growers/exporters may withdraw
from the agreement upon 90 days written notice to the Department.
Therefore, in accordance with the terms of the 2008 Suspension
Agreement and the notice of withdrawal from the signatory growers/
exporters, these withdrawals from the 2008 Suspension Agreement become
effective on May 29, 2013, or earlier at the Department's discretion.
Virtually all imports of fresh tomatoes from Mexico into the United
States are accounted for by those growers/exporters which have
withdrawn from the 2008 Suspension Agreement; the few signatories
remaining in the 2008 Suspension Agreement will not account for
substantially all of the imports of subject merchandise once the
withdrawal becomes effective.
Accordingly, because the 2008 Suspension Agreement will not cover
substantially all imports of fresh tomatoes from Mexico without the
participation of the growers/exporters which provided their notice of
withdrawal on February 28, 2013, the Department is terminating the 2008
Suspension Agreement, effective March 1, 2013.
Termination of Five-Year Sunset Review
On December 3, 2012, the Department initiated a five-year sunset
review of the suspended antidumping investigation on fresh tomatoes
from Mexico pursuant to section 751(c) of the Act. See Initiation of
Five-Year (``Sunset'') Review, 77 FR 71684 (December 3, 2012).
Because the Department is terminating the 2008 Suspension
Agreement, there is no longer a suspended investigation for which to
conduct a sunset review. Therefore, the Department is terminating the
sunset review of the suspended antidumping investigation on fresh
tomatoes from Mexico, effective March 1, 2013.
Resumption of Antidumping Investigation
With the termination of the 2008 Suspension Agreement, effective
March 1, 2013, the Department is resuming the underlying antidumping
investigation, in accordance with section 734(i)(1)(B) of the Act.
Pursuant to section 734(i)(1)(B) of the Act, the Department resumes the
investigation as if it had published the affirmative preliminary
determination under section 733(b) of the Act on March 1, 2013.
As explained in the Preliminary Determination, 61 FR at 56609, the
Department postponed the final determination in this investigation
until the 135th day after the date of the preliminary determination.
Accordingly, the Department intends to issue its final determination in
the resumed investigation by July 15, 2013, unless the Department and
the Mexican tomato growers/exporters accounting for substantially all
fresh tomatoes imported into the United States from Mexico sign an
agreement that would suspend the resumed antidumping investigation on
fresh tomatoes from Mexico.
Verification
As provided in section 782(i) of the Act, the Department will
verify all information determined to be acceptable for use in making
the final determination.
Suspension of Liquidation
The Department will instruct U.S. Customs and Border Protection
(CBP) to suspend liquidation of entries of fresh tomatoes from Mexico
that are entered, or withdrawn from warehouse, for consumption on or
after March 1, 2013, the effective date of the termination of the 2008
Suspension Agreement. CBP shall require antidumping duty cash deposits
or bonds for entries of the subject merchandise based on the
preliminary dumping margins, which are as follows:
------------------------------------------------------------------------
Weighted-
average
Grower/exporter percentage
margin
------------------------------------------------------------------------
San Vincente Camalu..................................... 4.16
Ernesto Fernando Echavarria Salazar Grupo Solidario..... 11.89
Arturo Lomeli Villalobas S.A. de C.V.................... 26.97
Eco-Cultivos S.A. de C.V................................ 188.45
Ranchos Los Pinos S. de R.L. de C.V..................... 10.26
Administradora Horticola del Tamazula................... 28.30
Agricola Yory, S. de P.R. de R.I........................ 11.95
All Others.............................................. 17.56
------------------------------------------------------------------------
International Trade Commission
The Department will notify the International Trade Commission (ITC)
of its termination of the 2008 Suspension Agreement, termination of the
sunset review of the suspended investigation, and resumption of the
antidumping investigation. If the Department makes a final affirmative
determination, the ITC is scheduled to make its final determination
concerning injury within 45 days after publication of the Department's
final determination. If both the Department's and the ITC's final
determinations are affirmative, the Department will issue an
antidumping duty order.
Administrative Protective Order Access
Because of the significant changes made to the administrative
protective order (APO) process since the initial suspension of the
investigation, the Department will issue a new APO for this resumed
investigation that will supersede the previously issued firm-specific
APOs. Those authorized applicants that were granted APOs during the
original investigation phase, as indicated in the most recent APO
service list on the Department's Web site, will continue to have access
to business proprietary information under
[[Page 14773]]
APO. Any new APO applications or necessary amendments for changes in
staff under the pre-existing APOs should be submitted promptly, and in
accordance with the Department's regulations currently in effect. See
section 777(c)(1) of the Act; 19 CFR 351.103, 351.304, 351.305 and
351.306.
In addition, because of the significant changes made to the
Department's filing and certification requirements since the initial
suspension of the investigation, including the introduction of
electronic filing, the Department will apply its current regulations
and practices with regard to filing and certification for purposes of
this resumed antidumping investigation. See 19 CFR 351.303(b) and (g).
However, with respect to the procedures for the conduct of this resumed
investigation generally, including any possible suspension thereof, the
Department's regulations in effect in 1996 shall govern. See 19 CFR
351.701; San Vicente Camalu SPR de RI v. United States, 491 F.Supp.2d
1186 (CIT 2007).
We are issuing and publishing this determination under section
733(f) and 734(i) of the Act.
Dated: March 1, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-05211 Filed 3-6-13; 8:45 am]
BILLING CODE 3510-DS-P