Voluntary Report - public distribution

**Date:** 7/10/2007

**GAIN Report Number:** MX7050

MX0000

**Mexico**

**Fresh Deciduous Fruit**

**New Duties for Imported Apples from Non-NFE Companies**

**2007**

**Approved by:**

![](media/image1.wmf)Suzanne E. Heinen

U.S. Embassy Mexico City

**Prepared by:**

Dulce Flores and Jeff Nawn

**Report Highlights:**

On July 3, 2007, the Secretariat of Economy (SE) published a resolution
regarding the anti-dumping duties on Red and Golden Delicious apples.
This resolution effectively nullified the August 12, 2002 resolution,
which imposed a duty of 46.58 percent on imported Red and Golden
Delicious apples from all but two U.S. companies that are not members of
the Northwest Fruit Exporters (NFE). Thus, as of July 4, 2007, non-NFE
companies are no longer subject to a compensatory duty when exporting
Red and Golden Delicious apples to Mexico.

Includes PSD Changes: No

Includes Trade Matrix: No

Unscheduled Report

Mexico \[MX1\]

\[MX\]

**Introduction:** This report summarizes an announcement that cancels
compensatory duties for non-NFE members published in Mexico's "*Diario
Oficial*" (Federal Register) on July 3, 2007.

**Disclaimer:** This summary is based on a *cursory* review of the
subject announcement and therefore should not, under any circumstances,
be viewed as a definitive reading of the regulation in question, or of
its implications for U.S. agricultural export trade interests. In the
event of a discrepancy or discrepancies between this summary and the
complete regulation or announcement as published in Spanish, the latter
shall prevail.

**Title:** Resolution to comply with a verdict issued by the First
Section of the Upper Court of the Federal Tribunal of Fiscal and
Administrative Justice on March 29, 2005, in the trial of nullity
24651/03-17-09-9/4/05-S1-02-01 promoted by Comercializadora de Frutas
Finas Tarahumaras, S.A. de C.V. and others, and to the various of March
20, 2007, related to the complaint issued by the same companies.

**FAS/Mexico's Executive Summary:** On November 13, 2002, a small number
of Mexican fruit importing companies petitioned the Secretariat of the
Economy (SE) to revoke the August 12, 2002 final resolution on
anti-dumping duties on Red and Golden Delicious apples shipped by
non-Northwest Fruit Exporters (NFE) companies. This resolution imposed a
compensatory duty of 46.58 percent on imported Red and Golden Delicious
apples from all but two U.S. companies that are not members of the NFE.
The two excepted companies received a zero duty from that ruling. This
ruling was confirmed roughly one year later, on August 6, 2003. The
Mexican companies were given an opportunity on October 10, 2003, to
state their case for the nullification of the August 2002 ruling in
front of the Federal Tribunal of Fiscal and Administrative Justice. The
Mexican fruit importing companies were successful in their arguments,
and on March 29, 2005 the Federal Tribunal issued a verdict declaring
the nullification of the August 12, 2002 publication, as well as the
confirmation of that decision. The Secretariat of the Economy (SE)
disagreed with this ruling, and appealed the decision. UNIFRUT, the
Mexican Apple Producers Association, complemented this appeal by
petitioning the court for an injunction against the Federal Tribunal
decision. However, the SE appeal was rejected, and the UNIFRUIT court
injunction was denied. On March 20, 2007, the Federal Tribunal demanded
that SE comply with the March 29, 2005 verdict, and gave SE 20 days to
meet the terms of this ruling.

On July 3, 2007, SE announced in the *Diario Oficial* (Federal Register)
that the Final Resolution on the antidumping case on Red and Golden
Delicious Apples, published on August 12, 2002, is without effect, as
well as the confirmation of this ruling in the same publication on
August 6, 2003. The cancellation of this resolution essentially means
that **non-Northwest Fruit Exporters (NFE) companies are no longer
subject to a compensatory duty when exporting Red and Golden Delicious
apples to Mexico**. SE considers NFE members to be those companies
listed in the May 25, 2005 and the November 2, 2006 resolutions
published in the Diario Oficial. The compensatory duties published in
the resolution of November 2, 2006 are still applicable for NFE
companies. (See MX 6094)

**Important Dates**

**1. Publication Date:** July 3, 2007.

**2. Effective Date:** July 4, 2007.

**For More Information:**

AgMexico@usda.gov

*Fax:* 011-52-55-5080-2532

**Internet Connections**

*FAS Mexico Web Site:* We are available at http://www.fas-la.com/mexico
or visit our headquarter\'s home page at http://www.fas.usda.gov for a
complete selection of FAS\' worldwide agricultural reporting.

***Useful Mexican Web Sites:*** Mexico\'s equivalent of the Department
of Agriculture (SAGARPA) can be found at www.sagarpa.gob.mx and
Mexico\'s equivalent of the Department of Commerce (SE) can be found at
www.economia.gob.mx These web sites are mentioned for the readers\'
convenience but USDA does NOT in any way endorse, guarantee the accuracy
of, or necessarily concur with the information contained on the
mentioned sites.