updated: June 19, 2004

Suggested Forms for the New Suspension Agreement on Fresh Tomatoes from Mexico

All Forms Submitted to the Department of Commerce for this Suspension Agreement must
comply with the AD/CVD Filing Requirements as stated in the Department's Regulations.

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Filing Requirements for Submitting Forms

        

Sample Cover Letter for Submissions

        

Form for Accession to the Agreement

Description:

A producer/exporter of Mexican tomatoes that wants to become a signatory to the Agreement 
should submit this form to the U.S. Department of Commerce.  Upon receiving the accession 
request the U.S. Department of Commerce will issue the producer/exporter a signatory number.  
The producer/exporter name placed on this form must be identical to the producer/exporter 
name placed on the entry documentation presented to the U.S. Customs Service.  In the event 
that the name of the producer/exporter changes, it should withdraw from the Agreement with 
respect to the old company name and submit an accession form for the new company name.

        

Form for Quarterly Certification

Description:

Not later than 30 days after each quarter, each signatory will submit the following written 
statement to the U.S. Department of Commerce certifying that all sales during the most 
recently completed quarter were at net  prices (after rebates, backbilling, discounts for 
quality and other claims) at or above the reference price and were not part of or related 
to any act or practice which would have the effect of holding the real price of the fresh 
tomatoes being sold (e.g., a bundling arrangement, discounts/free goods/financing package,
swap, or other exchange).  This is the form that signatories to the Agreement should use 
to submit their quarterly certification to the U.S. Department of Commerce.

        

Form for Quarterly Sales and Claims Report

Description:

The Department of Commerce requires that this form be filled out by the signatory 
producer/exporter and submitted with the quarterly certification form.



Form for Company Official Certification

Description:

This is a certification of accuracy.  Providers of information and the person(s) submitting it, 
if different (e.g., a legal representative), must certify that they have read the submission and 
that the information submitted is accurate and complete.  The Department of Commerce 
cannot accept submissions that do not contain the certification statements.

        

Form for Certificate of Service

Description:

This form is used to certify that you have served the appropriate interested parties with a copy 
of any submission to the Department of Commerce. You must provide the certificate of service 
with each business proprietary version and public version submitted.



Form for Quarterly Certification of No Exports

Description:

This form is used to certify that you did not export tomatoes during the most recently 
completed quarter.

        

Form for Notifying Canadian Customer that Resales of Signatory Merchandise into the 
United States Are Covered by the Terms of the December 2002 Suspension Agreement

Description:

This form is used to notify Canadian customers that tomatoes are covered by the agreement
and must be sold in accordance with the terms of the agreement.

        

December 2002 Suspension Agreement - Tomatoes for Processing Exemption Form

Description:

This form is used when tomatoes are imported into the United States in order to be sent to a 
processing plant and not sold as fresh tomatoes.

        

Form for Notification of Intent to Ship Tomatoes in Specialty Packs

Description:

If a signatory producer/exporter intends to export subject merchandise to the United States in 
a box for which there is no average weight on the box-weight chart, the signatory producer/exporter 
shall notify the Department of Commerce in writing no later than 45 days prior to the date of the 
first export of such boxes to the United States. This is the form that must be used when notifying 
the Department of Commerce of any intent to ship tomatoes in specialty packs.

        

Form for Withdrawal from the Agreement

Description:

Producers/exporters of Mexican tomatoes that want to withdraw from the Suspension Agreement 
should submit this form to the Department of Commerce.  Upon receiving the withdrawal request, 
the Department of Commerce will issue the producer/exporter a letter stating when the 
producer/exporter will be relieved of their obligations under the Agreement.

    

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