AD: Mexico Fresh Tomatoes

As a result of this new agreement, the AD investigation recently resumed as a preliminary affirmative determination on January 18, 2008 is once again suspended.

(The basis for this suspension is an agreement between the ITA and producers/exporters accounting for substantially all¹ imports of fresh tomatoes from Mexico wherein each signatory producer/exporter agreed to revise its prices to eliminate the injurious effects of exports of this merchandise to the U.S.

The ITA may require additional producers/exporters in Mexico to sign the Suspension Agreement at any time, in order to ensure that not less than substantially all imports into the U.S. are subject to the agreement.)

Temporary "20-Day" Instructions

According to the ITA, notwithstanding this 2008 Suspension Agreement, the ITA will continue the AD investigation on fresh tomatoes from Mexico if it receives such a request within approximately 20 days of January 28, 2007, in accordance with Section 734(g) of the 1930 Tariff Act, as amended (Act).

In addition, pursuant to Section 734(h)(3) of the Act, ITA sources state that the suspension of liquidation ordered in the preliminary AD determination, which took effect for entries with a time of entry on or after January 18, 2008, will continue to be in effect for an approximate 20-day time period.

Also, pursuant to Section 734(f)(2)(B) of the Act, ITA sources state that the ITA is adjusting the AD cash deposit/bond requirement to zero for entries of subject merchandise from the producer/exporter signatories to the Suspension Agreement for this approximate 20-day time period. The AD cash deposit/bond requirements for non-signatory producer/exporters during this time period remains in effect as published in the preliminary determination.

ITA sources affirm that after this 20-day period has passed, the Suspension Agreement will be fully in effect, and there will be no AD suspension of liquidation or AD cash deposit bond requirements.

(See ITA notice for further details, including the scope of the 2008 Suspension Agreement (which is the same as the scope of the resumed investigation); the text of the 2008 Suspension Agreement (provided as an attachment), which details export price, import monitoring, compliance monitoring, shipping, and other requirements; etc.)

¹about 85% or more

(See ITT's Online Archives or 01/17/08 news, 08011750, for BP summary of resumption of AD investigation/preliminary affirmative determination on fresh tomatoes from Mexico effective January 18, 2008.

See ITT's Online Archives or 12/14/07 news, 07121435, for BP summary of the ITA's notice of its intent to resume the AD duty investigation on fresh tomatoes from Mexico.)

ITA notice (FR Pub 01/28/08) available at http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/pdf/E8-1442.pdf

ITA fact sheet available at http://ia.ita.doc.gov/download/factsheets/factsheet-mexico-tomatoes-sa-012208.pdf.