[Federal Register Volume 83, Number 166 (Monday, August 27, 2018)]
[Notices]
[Pages 43642-43644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18436]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-820]


Fresh Tomatoes From Mexico: Preliminary Results of the Five-Year 
Sunset Review of the 2013 Suspension Agreement on Fresh Tomatoes From 
Mexico

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 preliminarily 
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 ``Preliminary 
Results of Review'' section of this notice.

DATES: Applicable August 27, 2018.

FOR FURTHER INFORMATION CONTACT: David Cordell or Sally C. Gannon, 
Bilateral Agreements Unit, Office of

[[Page 43643]]

Policy and Negotiations, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: 202-482-0408 or 202-482-
0162, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 8, 2013, the Department of Commerce (the Department) 
published a notice of suspension of the antidumping duty investigation 
on fresh tomatoes from Mexico. The basis for the suspension of the 
investigation was an agreement between Commerce and producers/exporters 
accounting for substantially all imports of fresh tomatoes from Mexico 
wherein each signatory producer/exporter agreed to revise its prices to 
eliminate completely the injurious effects of exports of this 
merchandise to the United States (2013 Suspension Agreement on Fresh 
Tomatoes from Mexico (Suspension Agreement)).\1\
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    \1\ See Fresh Tomatoes from Mexico: Suspension of Antidumping 
Investigation, 78 FR 14967 (March 8, 2013).
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    On February 1, 2018, Commerce initiated the sunset review of the 
suspended antidumping duty investigation on fresh tomatoes from Mexico 
in accordance with section 751(c) of the Tariff Act of 1930, as amended 
(the Act).\2\ Commerce received a notice of intent to participate in 
this sunset review from the Florida Tomato Exchange (FTE) on February 
15, 2018, within the applicable deadline specified in 19 CFR 
351.218(d)(1)(i). The FTE claimed interested-party status under section 
771(9)(E) of the Act as a trade or business association a majority of 
whose members manufacture, produce, or wholesale a domestic like 
product in the United States.
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    \2\ See Initiation of Five-Year (Sunset) Review, 83 FR 4641 
(February 1, 2018) (Initiation).
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    On March 1, 2018, Commerce received a request from NatureSweet Ltd. 
and its affiliates (collectively, NatureSweet) for a one-week extension 
to the deadline prescribed in 19 CFR 351.218(d)(3) for submitting its 
substantive response. On March 5, 2018, Commerce granted NatureSweet's 
extension request, in accordance with 19 CFR 351.302(b), and extended 
the deadline for substantives responses from all interested parties to 
March 12, 2018. On March 12, 2018, Commerce received complete 
substantive responses from NatureSweet, the FTE, and 
Confederaci[oacute]n de Asociaciones Agricolas del Estado de Sinaloa, 
A.C., Consejo Agricola 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, CAADES et al. or the Mexican growers).\3\ Both 
NatureSweet and CAADES et al. claimed interested-party status under 
section 771(9)(A) of the Act as a foreign manufacturer, producer, or 
exporter, or the United States importer, of subject merchandise or a 
trade or business association a majority of the members of which are 
producers, exporters, or importers of such merchandise. On April 2, 
2018, Commerce received rebuttal comments from the FTE and the Mexican 
growers within the deadline specified in 19 CFR 351.218(d)(4).\4\
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    \3\ See Letters from NatureSweet, FTE, and Mexican growers, 
dated March 12, 2018.
    \4\ See Letters from the FTE and the Mexican Growers dated April 
2, 2018.
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    On April 13, 2018, Commerce determined in accordance with 19 CFR 
351.218(e)(1)(ii) that NatureSweet's and the Mexican signatories' 
substantive responses met the requirements of 19 CFR 351.218(d)(3) and 
thus constituted adequate responses to the notice of initiation. 
Further, we found in accordance with 19 CRF 351.218(e)(1)(i) that the 
domestic interested parties submitted an adequate response to the 
notice of initiation. As a result, pursuant to section 751(c)(5)(A) of 
the Act and 19 CFR 351.218(e)(2)(i), Commerce began conducting a full 
sunset review of the suspended investigation on fresh tomatoes from 
Mexico and notified the ITC of its intent to conduct a full sunset 
review.\5\
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    \5\ See Letter from James C. Doyle to Michael Anderson entitled 
``Sunset Reviews Initiated on February 1, 2018'' (April 13, 2018).
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Scope of the Suspension Agreement

    The merchandise subject to the suspension agreement 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 suspension agreement, 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 suspension agreement.
    Commercially grown tomatoes, both for the fresh market and for 
processing, 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 Suspension Agreement.
    Tomatoes imported from Mexico covered by this suspension agreement 
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.

Analysis of Comments Received

    All issues raised for the preliminary results of this sunset review 
are addressed in the Preliminary Decision Memorandum.\6\ The 
Preliminary Decision Memorandum is a public document and is on file 
electronically via the Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users 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 Preliminary 
Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and the electronic version of the Preliminary Decision Memorandum are 
identical in content.
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    \6\ See Memorandum from Sally C. Gannon to Gary Taverman, 
entitled ``Preliminary Decision Memorandum for the Fourth Sunset 
Review of the 2013 Suspension Agreement on Fresh Tomatoes from 
Mexico'' (Preliminary Decision Memorandum), dated concurrently with, 
and hereby adopted by this notice.
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Preliminary Results of Review

    Pursuant to section 752(c) of the Act, we determine that 
termination of the suspended investigation on fresh tomatoes from 
Mexico would be likely to lead to continuation or recurrence of dumping 
at weighted-average margins up to 188.14 percent.
    Interested parties may submit case briefs no later than 30 days 
after the date of publication of the preliminary results of this full 
sunset review, in accordance with 19 CFR 351.309(c)(1)(i). Rebuttal 
briefs, which must be limited to issues raised in the case briefs, may 
be filed not later than five days after the time limit for filing case 
briefs in accordance with 19 CFR 351.309(d). Any interested party may 
request a hearing within 30 days of publication of this notice in 
accordance with 19 CFR 351.310(c). If a request for

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a hearing is made, Commerce intends to hold the hearing at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230, at a date and time to be determined. Commerce will issue a 
notice of final results of this full sunset review, which will include 
the results of its analysis of issues raised in any such comments, no 
later than October 1, 2018.
    This five-year (sunset) review and notice are in accordance with 
sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 
351.218(f)(1).

    Dated: August 21, 2018.
Gary Taverman
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-18436 Filed 8-24-18; 8:45 am]
BILLING CODE 3510-DS-P