last update: October 30, 2007

Fresh Tomatoes from Mexico 1996 Suspension Agreement

Suspension of Antidumping Investigation   (FR Notice: 61 FR 56617, Nov 1, 1996) The Department of Commerce published this document in the Federal Register to notify interested parties of its decision to suspend the antidumping investigation involving fresh tomatoes from Mexico. The basis for the suspension was an agreement between the Department of 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 fresh tomatoes to the United States. Clarification of the Suspension Agreement   (May 2, 1997) The Department of Commerce issued this document to explain the terms and conditions under which the Department of Commerce will permit price adjustments for changes in condition after shipment under the reference-price provisions of the Suspension Agreement. Amendment to the Suspension Agreement   (FR Notice; 63 FR 43674, Aug 14, 1998) The Department of Commerce published this document in the Federal Register to notify interested parties that, following consultations with producers/exporters of fresh tomatoes from Mexico and with members of the domestic industry, on August 6, 1998, it accepted an amendment to the Suspension Agreement. The amendment established a second reference price and the time periods during which each reference price is applicable. In addition, the amendment established documentation requirements as a condition of release of subject tomatoes beyond the Customs port of entry and provides that the Department of Commerce may notify producer/exporter trade organizations composed of signatory parties of any sales that may have been made at prices inconsistent with the Suspension Agreement. Finally, the amendment made other minor changes to the Suspension Agreement to facilitate the Department of Commerce's administration of the Agreement. The full text of the amendment is contained in this document. This document also contains the chart of average weights that is used to determine the reference price for each type of box. Documentation Requirement for PACA Mediation   (Sep 22, 1999) Since issuing the May 2, 1997, clarification to the Suspension Agreement on fresh tomatoes from Mexico, signatories to the Suspension Agreement have requested guidance on the specific actions they should take to ensure that their efforts to abide by the Suspension Agreement are upheld in any claims taken to the Department of Agriculture under the Perishable Agricultural Commodities Act (PACA). The Department of Commerce issued this letter to address the issue. For additional information on the PACA please visit the Department of Agriculture's web page at http://www.ams.usda.gov/fv/paca.htm Intent to Terminate the Suspension Agreement   (FR Notice: 67 FR 3278, Jun 27, 2002) The Department of Commerce published this document in the Federal Register to notify interested parties of its intent to terminate the suspension agreement and the sunset review and to resume the antidumping investigation involving fresh tomatoes from Mexico. The basis for its intent was the withdrawal of Mexican tomato growers/exporters accounting for a significant percentage of all fresh tomatoes imported into the United States from Mexico on May 31, 2002. Termination of the Suspension Agreement   (FR Notice: 67 FR 50858, Aug 6, 2002) The Department of Commerce published this document in the Federal Register to notify interested parties of its decision to terminate the suspension agreement and the sunset review and to resume the antidumping investigation involving fresh tomatoes from Mexico. The basis for its decision was the withdrawal of Mexican tomato growers/exporters accounting for a significant percentage of all fresh tomatoes imported into the United States from Mexico on May 31, 2002.

United States Department of Commerce . International Trade Administration . Enforcement and Compliance . 1401 Constitution Ave. N.W. Washington DC 20230