[Federal Register Volume 83, Number 247 (Thursday, December 27, 2018)]
[Notices]
[Pages 66680-66681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28063]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-820]


Fresh Tomatoes From Mexico: Final Results of the Full Sunset 
Review of the Suspended Antidumping Duty Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On February 1, 2018, the Department of Commerce (Commerce) 
initiated the fourth sunset review of the suspended antidumping duty 
investigation on fresh tomatoes from Mexico. Commerce finds that 
termination of the suspended antidumping duty investigation on fresh 
tomatoes from Mexico would be likely to lead to continuation or 
recurrence of dumping at the levels indicated in the ``Final Results of 
Review'' section of this notice.

DATES: Applicable December 27, 2018.

FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or David Cordell, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-0162 or (202) 482-0408, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On August 27, 2018, Commerce preliminarily determined that 
termination of the suspended antidumping duty investigation on fresh 
tomatoes from Mexico would likely lead to continuation or recurrence of 
dumping.\1\ On September 26, 2018, the Confederaci[oacute]n de 
Asociaciones Agr[iacute]colas del Estado de Sinaloa, A.C., Consejo 
Agr[iacute]cola de Baja California, A.C., Asociaci[oacute]n Mexicana de 
Horticultura Protegida, A.C., Asociaci[oacute]n de Productores de 
Hortalizas del Yaqui y Mayo and Sistema Producto Tomate (collectively, 
the Mexican growers) filed their case brief, and requested a hearing on 
the matter; \2\ NS Brands, Ltd., and its affiliates (collectively, 
NatureSweet) also filed their case brief on September 26, 2018.\3\ On 
September 27, 2018, the Florida Tomato Exchange (the FTE) requested a 
one-week extension of the October 1, 2018 deadline to file its rebuttal 
brief; \4\ on September 28, 2018, Commerce granted the extension and 
set the deadline for submission of rebuttal briefs as October 9, 2018, 
to account for the federal holiday on October 8, 2018.\5\ The FTE 
timely submitted its rebuttal brief on October 9, 2018.\6\ Commerce 
scheduled the public hearing on the matter for, and the public hearing 
was held on, October 16, 2018. On November 14, 2018, Commerce requested 
additional information from the FTE regarding information that was not 
provided in its intent to participate submittal.\7\ The FTE provided 
its timely response to the request for further information on November 
21, 2018.\8\ The Mexican growers timely provided rebuttal comments on 
November 26, 2018.\9\ The FTE submitted a timely sur-rebuttal on 
November 29, 2018.\10\
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    \1\ See Fresh Tomatoes from Mexico: Preliminary Results of the 
Five-Year Sunset Review of the 2013 Suspension Agreement on Fresh 
Tomatoes, 83 FR 43642 (August 27, 2018).
    \2\ See Mexican Growers' Case Brief, ``Sunset Review of the 2013 
Suspension Agreement on Fresh Tomatoes from Mexico,'' (September 26, 
2018) at 1.
    \3\ See NatureSweet's Case Brief, ``Case Brief of NS Brands, 
LTD.'' (September 26, 2018).
    \4\ See Letter to Wilbur Ross, Secretary of Commerce, from the 
Florida Tomato Exchange, ``Fresh Tomatoes from Mexico: Rebuttal 
Brief Extension Request'' (September 27, 2018).
    \5\ See Memorandum, ``2018 Sunset Review of the 2013 Suspension 
Agreement on Fresh Tomatoes from Mexico; Extension for Rebuttal 
Briefs: Correction of Rebuttal Deadline'' (September 28, 2018).
    \6\ See FTE's Rebuttal Brief, ``Rebuttal Brief of the Florida 
Tomato Exchange'' (October 9, 2018).
    \7\ See Letter to Wilbur Ross, Secretary of Commerce, from the 
Florida Tomato Exchange, ``Fresh Tomatoes from Mexico: Notice of 
Intent to Participate'' (February 15, 2018).
    \8\ See Letter to Wilbur Ross, Secretary of Commerce, from the 
Florida Tomato Exchange, ``Fresh Tomatoes from Mexico: Response to 
Request for Additional Information'' (November 21, 2018).
    \9\ See Letter to Wilbur Ross, Secretary of Commerce, from the 
Confederaci[oacute]n de Asociaciones Agr[iacute]colas del Estado de 
Sinaloa, A.C., et al., ``Sunset Review of the 2013 Suspension 
Agreement on Fresh Tomatoes from Mexico'' (November 26, 2018).
    \10\ See Letter to Wilbur Ross, Secretary of Commerce, from the 
Florida Tomato Exchange, ``Fresh Tomatoes from Mexico: Reply to 
CAADES' November 26, 2018 Comments'' (November 29, 2018).
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Scope of the Suspension Agreement

    For a full description of the scope of the Agreement, please refer 
to the accompanying Issues and Decision Memorandum.

[[Page 66681]]

Analysis of Comments Received

    All issues raised for the final results of this sunset review are 
addressed in the Issues and Decision Memorandum.\11\ The Issues and 
Decision Memorandum is hereby adopted by this notice. The issues 
discussed in the Issues and Decision Memorandum include: The adequacy 
of the FTE's substantive response, the likelihood of recurrence of 
dumping, and the margin to be reported to the International Trade 
Commission. Parties can find a complete discussion of all the issues 
raised in this sunset review and the corresponding recommendations in 
this public memorandum, which is on file electronically via Enforcement 
and Compliance's Antidumping and Countervailing Duty Centralized 
Electronic Service System (ACCESS). ACCESS is available to registered 
uses at http://access.trade.gov and in the Central Records Unit, Room 
B8024 of the main Department of Commerce building. In addition, a 
complete version of the Issues and Decision Memorandum can be accessed 
directly on the internet at http://enforcement.trade.gov/frn/. The 
signed Issues and Decision Memorandum and the electronic version of the 
Issues and Decision Memorandum are identical in content.
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    \11\ See Memorandum to P. Lee Smith, Deputy Assistant Secretary 
for Policy and Negotiations, re ``Issues and Decision Memorandum for 
the Final Results of the Full Sunset Review of the Suspended 
Investigation of Tomatoes from Mexico,'' dated concurrently with and 
adopted by this notice.
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Final Results of Review

    Pursuant to section 752(c) of the Act, we determine that the 
termination of the suspended investigation on fresh tomatoes from 
Mexico would likely lead to continuation or recurrence of dumping at 
weighted-average margins up to 188.14 percent.

Notification to Interested Parties

    This notice also serves as the only reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a violation which is 
subject to sanction.
    Commerce is issuing and publishing the results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 
19 CFR 351.218(f)(1).

     Dated: December 18, 2018.
P. Lee Smith,
Deputy Assistant Secretary for Policy and Negotiations, Enforcement and 
Compliance.
[FR Doc. 2018-28063 Filed 12-26-18; 8:45 am]
 BILLING CODE 3510-DS-P