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[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Notices]
[Pages 106427-106428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31084]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-820]

Agreement Suspending the Antidumping Duty Investigation on Fresh 
Tomatoes From Mexico: Final Results of the 2021-2022 Administrative 
Review

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that the 
respondents selected for individual examination, respectively, Ceuta 
Produce S.A. DE C.V. (Ceuta) and Valores Horticolas Del Pacifico S.A. 
De C.V (VALHPAC) (collectively, respondents), were in compliance with 
the terms of the 2019 Agreement Suspending the Antidumping Duty 
Investigation on Fresh Tomatoes from Mexico (2019 Agreement) during the 
period of review (POR) from September 1, 2021, through August 31, 2022, 
except for certain instances of inadvertent or inconsequential 
noncompliance. Commerce also determines that the 2019 Agreement met the 
applicable statutory requirements during the POR.

DATES: Applicable December 30, 2024.

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 October 10, 2023, Commerce published the preliminary results of 
this administrative review, and we invited interested parties to 
comment.\1\ On November 9, 2023, the Florida Tomato Exchange (FTE), a 
member of the U.S. petitioning industry, filed a case brief.\2\ On 
November 16, 2023, Ceuta and VALHPAC filed a joint rebuttal brief.\3\ 
Commerce extended the date for the publication of the final results 
until December 16, 2024.\4\ On December 9, 2024, Commerce tolled the 
deadlines for all preliminary and final determinations by 90 days.\5\
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    \1\ See Agreement Suspending the Antidumping Duty Investigation 
on Fresh Tomatoes from Mexico; Preliminary Results of 2021-2022 
Administrative Review, 88 FR 69899 (October 10, 2023) (Preliminary 
Results), and accompanying Preliminary Decision Memorandum.
    \2\ See FTE's Letter, ``Case Brief on Behalf of the Florida 
Tomato Exchange,'' dated November 9, 2023.
    \3\ See Ceuta and VALHPAC's Letter, ``Rebuttal Brief of Ceuta 
Produce, S. de R.L. de C.V. and Valores Horticolas del Pacifico, 
S.A. de C.V.,'' dated November 16, 2023.
    \4\ See Memorandum, ``Decision Memorandum for the Final Results 
of the 2021-2022 Administrative Review: Fresh Tomatoes from 
Mexico,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
    \5\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated December 9, 2024.
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Scope of 2019 Agreement

    The merchandise subject to this 2019 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 2019 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. In Appendix F of this 2019 Agreement, 
Commerce has outlined the procedure that Signatories must follow for 
selling subject merchandise for processing. 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 2019 
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 2019 Agreement. Tomatoes imported from Mexico covered by this 2019 
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 this HTSUS number is provided 
for convenience and customs purposes, the written description of the 
scope of this Agreement is dispositive.
    A full description of the scope of the 2019 Agreement is also 
contained in the Issues and Decision Memorandum.

Analysis

    Commerce continues to find, based on record evidence, that the 
selected respondents, Ceuta and VALHPAC, were in compliance with the 
terms of the 2019 Agreement during the POR, with the exception of 
certain inconsequential or inadvertent non-compliance. Overall, 
Commerce finds that there have been no material or consequential 
violations of the 2019 Agreement by the selected respondents during the 
POR. We also determine that the 2019 Agreement is meeting the 
applicable statutory requirements for a suspension agreement, e.g., 
preventing price suppression or undercutting, and effective monitoring 
is practicable.
    The issues raised in the case and rebuttal briefs are addressed in 
the accompanying Issues and Decision Memorandum. The issues are 
identified in the appendix to this notice. The Issues and Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Administrative Protective Order (APO)

    This notice also serves as a reminder to parties subject to APO of 
their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written 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 sanctionable violation.

[[Page 106428]]

Notification to Interested Parties

    We are issuing and publishing these results of review in accordance 
with sections 751(a)(l) and 777(i)(l) of the Tariff Act of 1930, as 
amended, and 19 CFR 351.213 and 19 CFR 351.221(b)(5).

    Dated: December 20, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Agreement
IV. Discussion of the Issues
    1. Instances of Noncompliance During the POR
    2. Whether the 2019 Suspension Agreement is Effectively 
Monitorable and Enforceable
    3. Whether Commerce Should Take Additional Enforcement Action
V. Recommendation

[FR Doc. 2024-31084 Filed 12-27-24; 8:45 am]
BILLING CODE 3510-DS-P
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