updated: February 21, 2020 |
Suggested Forms for the 2019 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 New Signatories | ||
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. |
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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. |
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Quarterly Certification Spreadsheet
Description: The Department of Commerce requires data in this spreadsheet to be filled out by signatory producer/exporter and submitted with the quarterly certification form. |
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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. |
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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. |
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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. |
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March 2013 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. |
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Form for Notifying Canadian Customer that Resales of Signatory Merchandise into the
United States Are Covered by the Terms of the March 2019 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. |
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Form for Notification of Intent to Ship Tomatoes in New Pack Types (Individual Growers)
Form for Notification of Intent to Ship Tomatoes in New Pack Types (Multiple Growers) 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. |
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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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