68 FR 62281, November 3, 2003

DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-820]
 
Final Results of Analysis of Reference Prices and Clarifications 
and Corrections; Agreement Suspending the Antidumping Duty 
Investigation on Fresh Tomatoes From Mexico

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of final results of analysis of reference prices and 
clarifications and corrections concerning the agreement suspending the 
antidumping duty investigation on fresh tomatoes from Mexico.

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EFFECTIVE DATE: November 1, 2003.

SUMMARY: The current agreement suspending the antidumping duty 
investigation on imports of fresh tomatoes from Mexico went into effect 
on December 16, 2002. The Department of Commerce is publishing this 
notice to announce the final results of the analysis of the reference 
prices that it conducted pursuant to section IV.G of the agreement and 
to clarify and correct certain portions of the agreement.

FOR FURTHER INFORMATION CONTACT: Kristin Case or Mark Ross at (202) 
482-3174 or (202) 482-4794, respectively; Office of AD/CVD Enforcement 
3, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Results of Analysis of Reference Prices

    On December 4, 2002, the Department of Commerce (the Department) 
and certain growers/exporters of fresh tomatoes from Mexico signed a 
new agreement suspending the antidumping duty investigation on imports 
of fresh tomatoes from Mexico. See Suspension of Antidumping 
Investigation: Fresh Tomatoes from Mexico, 67 FR 77044 (December 16, 
2002) (the 2002 Agreement). As a means of preventing price suppression 
or undercutting with respect to the sale of domestic tomatoes in 
accordance with section 734(c)(1)(A) of the Tariff Act of 1930, as 
amended

[[Page 62282]]

(the Act), the 2002 Agreement provides for the implementation of 
reference prices below which the signatory producers/exporters agree 
not to sell the subject merchandise. As specified in section IV.G of 
the 2002 Agreement, the Department agreed to conduct an analysis of the 
reference prices in order to evaluate whether the 2002 Agreement 
fulfills the requirements of section 734(c)(1)(A) of the Act. Based on 
our findings, we have determined that it is appropriate to increase the 
reference price for the winter season (October 23 through June 30) from 
$0.2108 per pound to $0.2169 per pound. The reference price for the 
summer season (July 1 through October 22) will remain at $0.172 per 
pound.
    The new reference price for the winter season of $0.2169 per pound 
is effective November 1, 2003. The new box-weight chart, which reflects 
a new reference price for the winter season applied to common box types 
that are shipped from Mexico to the United States, can be viewed at the 
following URL: http://www.ia.ita.doc.gov/tomato/new- agreement/
documents/boxweightchart.html.

Clarifications and Corrections

    After publication of the 2002 Agreement the Department received 
several requests for clarification and it identified certain 
ministerial errors in the 2002 Agreement. On May 21, 2003, the 
Department released proposed clarifications and corrections to 
interested parties and invited them to comment. The signatories of the 
2002 Agreement filed comments on May 30, 2003, proposing several 
modifications. No other party commented on the proposed clarification 
and corrections.
    After reviewing the comments, the Department has decided to make 
the following clarifications and corrections to the 2002 Agreement:
    1. To correct a ministerial error in the FOR FURTHER INFORMATION 
CONTACT section, the telephone number for Janis Kalnins should be (202) 
482-1392.
    2. To correct a typographical error, the first sentence of section 
A.2. of Appendix B should read as follows:
    When normal value is based on constructed value, the Department 
will compute constructed values (CVs) for each growing season based on 
the sum of each respondent's growing costs for each type of tomato plus 
amounts for selling, general, and administrative expenses (SG&A).
    3. To correct a typographical error, the current URL of the website 
identified in the second sentence of the third paragraph of Appendix C, 
the last sentence of the fifth paragraph of Appendix D, the third 
sentence of the last paragraph of Appendix E, and the third sentence of 
number four of Appendix F is: http://ia.ita.doc.gov/tomato/new-agreement/
 documents/suggested--forms.
    4. To correct a ministerial error, the third sentence of section 
A.2. of Appendix D should read as follows:
    For purposes of this Agreement, a condition defect is any condition 
defect listed in the chart in part A.5. below.
    5. Appendix D, section A.5. should read as follows:
    Under this Agreement, adjustments to the sales price of signatory 
tomatoes will be permitted only for condition defects. The term 
``condition defect'' is intended to have the same definition recognized 
by the Fresh Products Branch of the United States Department of 
Agriculture, with the exception of abnormal coloring, and, therefore, 
covers the following items:

Condition Defects

Sunken & Discolored Areas
Sunburn
Internal Discoloration
Freezing Injury
Chilling Injury
Gray Mold Rot
Bacterial Soft Rot
Soft/Decay \1\
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    \1\ The most common decays listed by the USDA are pleospora rot, 
phoma rot, alternaria rot, and blossom end rot.
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Bruising
Nailhead Spot
Skin Checks
Decayed and Moldy Stems
Waxy Blister
White Core
Discolored or Dried-out Jelly Around Seeds

    6. To ensure consistency with the actual entry documentation 
currently used by Canadian Customs, the Department will interpret the 
parenthetical reference to ``Landing Form'' as referring to Form B3 or 
the Canada Customs Coding Form.
    7. To correct a typographical error, the title of Appendix F should 
read as follows:
    Appendix F--Suspension of Antidumping Investigation--Fresh Tomatoes 
From Mexico--Procedure Signatories Must Follow for Selling Subject 
Merchandise for Processing.

    Dated: October 29, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 03-27695 Filed 10-31-03; 8:45 am]