ANNOUNCEMENT 08 Mar 2013
In March 2013, the United States renewed an existing (but suspended) anti-dumping order; in 2019 it lifted the suspension of this order.
NUMBER OF INTERVENTIONS
U.S. International Trade Commission at http://www.usitc.gov/trade_remedy/.
and https://www.commerce.gov/news/press-releases/2019/02/us-department-commerce-announces-intent-withdraw-suspension-agreement and https://www.commerce.gov/news/press-releases/2019/05/us-department-commerce-announces-termination-suspension-agreement-fresh
In a Federal Register notice published on March 8, 2013 the U.S. Department of Commerce renewed the existing anti-dumping order against imports of fresh tomatoes (suspended) from Mexico. The original order was imposed on November 1, 1996, with the renewed order thus exceeding the five-year 'sunset' standard that generally applies to trade-remedy measures under WTO agreements (i.e., article 21.3 of the Agreement on Subsidies and Countervailing Measures and article 11.3 of the Anti-dumping Agreement).
On February 6, 2019, the Department of Commerce notified the Mexican signatories that the department intends to withdraw from the suspension agreement, consistent with a provision in the agreement stating that the "signatories or the Department may withdraw from this Agreement upon ninety days written notice to the other party.” With the written notification, Commerce intends to withdraw from the Agreement on May 7, 2019. Upon completion of the withdrawal, the Department of Commerce will continue with its investigation and notify the International Trade Commission (ITC) of its final determination. If the Department continues to find sales made at less than fair value in its final determination, the ITC will then complete its own investigation and make a final determination with respect to injury. If both Commerce and the ITC issue affirmative final determinations, an antidumping duty order will be issued.
On May 7, 2019 the Department of Commerce announced the termination of the 2013 Suspension Agreement on Fresh Tomatoes from Mexico, and that negotiations will continue regarding a possible revised agreement acceptable to the Mexican signatories which also addresses the concerns of the U.S. industry to the extent permissible by U.S. trade law. During the negotiations, Commerce will continue with the investigation and instruct Customs and Border Protection (CBP) to collect cash deposits or bonds based on the preliminary determination by Commerce, which was issued in 1996. Any deposits collected will be refunded if a revised agreement is reached, or the U.S. International Trade Commission (ITC) determines there is no injury based on its own independent investigation.