Fresh Tomatoes From Mexico, 2887-2889 [E8-670]

Download as PDF Federal Register / Vol. 73, No. 11 / Wednesday, January 16, 2008 / Notices To assist the Forest Service in identifying and considering issues and concerns on the proposed action, comments on the draft environmental impact statement should be as specific as possible. It is also helpful if comments refer to specific pages or chapters of the draft statement. Comments may also address the adequacy of the draft environmental impact statement or the merits of the alternatives formulated and discussed in the statement. Reviewers may wish to refer to the Council on Environmental Quality Regulations for implementing the procedural provisions of the National Environmental Policy Act at 40 CFR 1503.3 in addressing these points. Comments received, including the names and addresses of those who comment, will be considered part of the public record on this proposal and will be available for public inspection. (Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 1909.15, Section 21) Dated: January 8, 2008. Terri Marceron, LTBMU Forest Supervisor. [FR Doc. E8–668 Filed 1–15–08; 8:45 am] BILLING CODE 3410–11–P AMERICAN BATTLE MONUMENTS COMMISSION SES Performance Review Board American Battle Monuments Commission. AGENCY: ACTION: Notice is hereby given of the appointment of members of the ABMC Performance Review Board. SUMMARY: FOR FURTHER INFORMATION CONTACT: jlentini on PROD1PC65 with NOTICES Theodore Gloukhoff, Director of Personnel and Administration, American Battle Monuments Commission, Courthouse Plaza II, Suite 500, 2300 Clarendon Boulevard, Arlington, Virginia, 22201–3367, Telephone Number: (703) 696–6908. American Battle Monuments Commission SES Performance Review Board Mr. Wilbert Berrios, Director, Corporate Information, U.S. Army Corps of Engineers Mr. Michael Ensch, Chief, Operations and Regulatory CoP, U.S. Army Corps of Engineers Mr. Mohan Singh, Chief, Interagency & International Services Division, U.S. Army Corps of Engineers 17:55 Jan 15, 2008 Jkt 214001 Extension of Time Limit for Preliminary Results Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), requires Theodore Gloukhoff, the Department to make a preliminary Director, Personnel and Administration. determination within 245 days after the [FR Doc. E8–617 Filed 1–15–08; 8:45 am] last day of the anniversary month of an BILLING CODE 6120–01–P order for which a review is requested and a final determination within 120 days after the date on which the preliminary determination is published. DEPARTMENT OF COMMERCE If it is not practicable to complete the review within these time periods, International Trade Administration section 751(a)(3)(A) of the Act allows [A–427–801, A–428–801, A–475–801, A–588– the Department to extend the time limit for the preliminary determination to a 804, A–412–801] maximum of 365 days after the last day of the anniversary month. Ball Bearings and Parts Thereof From We determine that it is not practicable France, Germany, Italy, Japan, and the to complete the preliminary results of United Kingdom: Extension of Time these reviews within the original time Limit for Preliminary Results of limit because of the number of Antidumping Duty Administrative respondents covered by these reviews Reviews and complex issues involving, inter alia, AGENCY: Import Administration, several respondents’ recent changes in International Trade Administration, corporate structure. Therefore, we are Department of Commerce. extending the time period for issuing the preliminary results of these reviews DATES: Effective Date: January 16, 2008. by 75 days until April 15, 2008. FOR FURTHER INFORMATION CONTACT: This notice is published in Yang Jin Chun or Richard Rimlinger, accordance with section 751(a)(3)(A) of AD/CVD Operations, Office 5, Import the Act and 19 CFR 351.213(h)(2). Administration, International Trade Dated: January 10, 2008. Administration, U.S. Department of Commerce, 14th Street and Constitution Stephen J. Claeys, Deputy Assistant Secretary for Import Avenue, NW., Washington, DC 20230; telephone: (202) 482–5760 or (202) 482– Administration. [FR Doc. E8–673 Filed 1–15–08; 8:45 am] 4477, respectively. BILLING CODE 3510–DS–P SUPPLEMENTARY INFORMATION: Ms. Kristine Allaman, Chief, Installation Support Division, U.S. Army Corps of Engineers Background Notice. VerDate Aug<31>2005 2887 At the request of interested parties, the Department of Commerce (the Department) initiated administrative reviews of the antidumping duty orders on ball bearings and parts thereof from France, Germany, Italy, Japan, and the United Kingdom for the period May 1, 2006, through April 30, 2007. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, Request for Revocation in Part and Deferral of Administrative Review, 72 FR 35690 (June 29, 2007). On November 16, 2007, we rescinded in part the administrative reviews of the antidumping duty orders on ball bearings and parts thereof from France, Germany, Japan, and the United Kingdom. See Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Notice of Partial Rescission of Antidumping Duty Administrative Reviews, 72 FR 64577 (November 16, 2007). The preliminary results of the reviews still underway are currently due no later than January 31, 2008. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–201–820] Fresh Tomatoes From Mexico Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of termination of suspension agreement, termination of five-year sunset review, and resumption of antidumping investigation: Fresh Tomatoes from Mexico. AGENCY: EFFECTIVE DATE: January 18, 2008. SUMMARY: On November 26, 2007, Mexican tomato growers/exporters accounting for a significant percentage of all fresh tomatoes imported into the United States from Mexico provided written notice to the Department of Commerce of their withdrawal from the agreement suspending the antidumping investigation on fresh tomatoes from Mexico. Because the suspension agreement will no longer cover E:\FR\FM\16JAN1.SGM 16JAN1 2888 Federal Register / Vol. 73, No. 11 / Wednesday, January 16, 2008 / Notices substantially all imports of fresh tomatoes from Mexico once this withdrawal becomes effective, the Department of Commerce is terminating the suspension agreement, terminating the sunset review of the suspended investigation, and resuming the antidumping investigation. FOR FURTHER INFORMATION CONTACT: Judith Wey Rudman or Jay Carreiro at (202) 482–0192 or (202) 482–3674, respectively; Office of Policy, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: jlentini on PROD1PC65 with NOTICES Applicable Statute and Regulations Unless otherwise indicated, all citations to the statute are references to the provisions effective January 1, 1995, the effective date of the amendments made to the Tariff Act of 1930 (the Act) by the Uruguay Round Agreements Act. In addition, unless otherwise indicated, all citations to Department of Commerce (Department) regulations refer to the regulations codified at 19 CFR part 353 (1996). Background On April 18, 1996, the Department initiated an antidumping investigation to determine whether imports of fresh tomatoes from Mexico are being, or are likely to be, sold in the United States at less than fair value (LTFV) (61 FR 18377, April 25, 1996). On May 16, 1996, the United States International Trade Commission (ITC) notified the Department of its affirmative preliminary injury determination. On October 10, 1996, the Department and Mexican tomato growers/exporters initialed a proposed agreement suspending the antidumping investigation. On October 28, 1996, the Department preliminarily determined that imports of fresh tomatoes from Mexico are being sold at LTFV in the United States. See Notice of Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination: Fresh Tomatoes from Mexico, 61 FR 56608 (November 1, 1996) (Preliminary Determination). On the same day the Preliminary Determination was signed, the Department and certain growers/ exporters of fresh tomatoes from Mexico signed an agreement to suspend the investigation (1996 Suspension Agreement). See Suspension of Antidumping Investigation: Fresh Tomatoes from Mexico, 61 FR 56618 (November 1, 1996). On May 31, 2002, Mexican tomato growers/exporters accounting for a VerDate Aug<31>2005 17:55 Jan 15, 2008 Jkt 214001 significant percentage of all fresh tomatoes imported into the United States from Mexico provided written notice to the Department of their withdrawal from the 1996 Suspension Agreement, effective July 30, 2002. Because the 1996 Suspension Agreement would no longer cover substantially all imports of fresh tomatoes from Mexico, effective July 30, 2002, the Department terminated the 1996 Suspension Agreement, terminated the sunset review of the suspended investigation, and resumed the antidumping investigation. See Notice of Termination of Suspension Agreement, Termination of Sunset Review, and Resumption of Antidumping Investigation: Fresh Tomatoes from Mexico, 67 FR 50858 (August 6, 2002). On November 8, 2002, the Department and Mexican tomato growers/exporters initialed a proposed agreement suspending the resumed antidumping investigation on imports of fresh tomatoes from Mexico. On December 4, 2002, the Department and certain growers/exporters of fresh tomatoes from Mexico signed a new suspension agreement (‘‘2002 Suspension Agreement’’). See Suspension of Antidumping Investigation: Fresh Tomatoes From Mexico, 67 FR 77044 (December 16, 2002). On November 3, 2003, the Department published the Final Results of Analysis of Reference Prices and Clarifications and Corrections; Agreement Suspending the Antidumping Duty Investigation on Fresh Tomatoes From Mexico, 68 FR 62281 (November 3, 2003). On November 26, 2007, Mexican tomato growers/exporters accounting for a significant percentage of all fresh tomatoes imported into the United States from Mexico provided written notice to the Department of their withdrawal from the 2002 Suspension Agreement, effective 90 days from the date of their withdrawal letter (i.e., February 24, 2008), or earlier, at the Department’s discretion. Because, as of February 24, 2008, the 2002 Suspension Agreement would no longer cover substantially all imports of fresh tomatoes from Mexico, the Department published a notice of intent to terminate the 2002 Suspension Agreement, intent to terminate the five-year sunset review of the suspended investigation, and intent to resume the antidumping investigation. See Fresh Tomatoes from Mexico: Notice of Intent to Terminate Suspension Agreement, Intent to Terminate the Five-Year Sunset Review, and Intent to Resume Antidumping Investigation, 72 FR 70820 (December 13, 2007). PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Scope of the Investigation The merchandise subject to this investigation is all fresh or chilled tomatoes (fresh tomatoes) which have Mexico as their origin, except for those tomatoes which are for processing. For purposes of this investigation, processing is defined to include preserving by any commercial process, such as canning, dehydrating, drying, or the addition of chemical substances, or converting the tomato product into juices, sauces, or purees. Fresh tomatoes that are imported for cutting up, not further processing (e.g., tomatoes used in the preparation of fresh salsa or salad bars), are covered by this Agreement. Commercially grown tomatoes, both for the fresh market and for processing, are classified as Lycopersicon esculentum. Important commercial varieties of fresh tomatoes include common round, cherry, grape, plum, greenhouse, and pear tomatoes, all of which are covered by this investigation. Tomatoes imported from Mexico covered by this investigation are classified under the following subheadings of the Harmonized Tariff Schedules of the United States (HTSUS), according to the season of importation: 0702 and 9906.07.01 through 9906.07.09. Although the HTSUS numbers are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. Period of Investigation The period of investigation (POI) is March 1, 1995, through February 29, 1996. Termination of Suspension Agreement The 2002 Suspension Agreement is an agreement to eliminate injury under section 734(c) of the Act. Under this type of suspension agreement, the Department may suspend an investigation based upon an agreement with exporters accounting for substantially all of the imports of the subject merchandise. The regulations in turn define ‘‘substantially all’’ as exporters (growers and resellers) which have accounted for not less than 85 percent by value or volume of the merchandise during the period for which the Department is measuring dumping in the investigation or such other period that the Secretary considers representative. See 19 CFR 353.18(c). On November 26, 2007, signatory growers/exporters accounting for a large percentage of all fresh tomatoes imported into the United States from Mexico provided written notice to the Department of their withdrawal from E:\FR\FM\16JAN1.SGM 16JAN1 Federal Register / Vol. 73, No. 11 / Wednesday, January 16, 2008 / Notices 2889 the 135th day after the date of the preliminary determination. Accordingly, the Department intends to issue its final determination in the resumed investigation by June 2, 2008. form in effect at the time of the original investigation, Form ITA–367(3.89). We are issuing and publishing this determination under section 733(f) of the Act and 19 CFR 353.15. Verification As provided in section 782(i) of the Act, the Department will verify all information determined to be acceptable for use in making the final determination. Dated: January 10, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8–670 Filed 1–15–08; 8:45 am] Termination of Five-Year Sunset Review On November 1, 2007, the Department initiated a five-year sunset review of the suspended antidumping investigation on fresh tomatoes from Mexico pursuant to section 751(c) of the Act. See Initiation of Five-Year (Sunset) Reviews, 72 FR 61861 (November 1, 2007). Because the Department is terminating the 2002 Suspension Agreement, there is no longer a suspended investigation for which to perform a sunset review. Therefore, the Department is terminating the sunset review of the suspended LTFV investigation on fresh tomatoes from Mexico, effective January 18, 2008. jlentini on PROD1PC65 with NOTICES the 2002 Suspension Agreement. Pursuant to the terms of the 2002 Suspension Agreement, signatory growers/exporters may withdraw from the agreement upon 90 days written notice to the Department. Therefore, these withdrawals from the 2002 Suspension Agreement become effective on February 24, 2008, or earlier at the Department’s discretion. Virtually all imports of fresh tomatoes from Mexico into the United States are accounted for by those growers/exporters which have withdrawn from the 2002 Suspension Agreement; the few signatories remaining in the 2002 Suspension Agreement will not account for substantially all of the imports of subject merchandise once the withdrawal becomes effective. Accordingly, because the 2002 Suspension Agreement will not cover substantially all imports of fresh tomatoes from Mexico without the participation of the growers/exporters which provided their notice of withdrawal on November 26, 2007, the Department is terminating the 2002 Suspension Agreement, effective January 18, 2008. San Vincente Camalu ............... Ernesto Fernando Echavarria Salazar Grupo Solidario ........ Arturo Lomeli Villalobas S.A. de C.V. ....................................... Eco-Cultivos S.A. de C.V. ........ Ranchos Los Pinos S. de R.L. de C.V. .................................. Administradora Horticola del Tamazula .............................. Agricola Yory, S. de P.R. de R.I. ......................................... All Others .................................. Resumption of Antidumping Investigation With the termination of the 2002 Suspension Agreement, effective January 18, 2008, the Department is resuming the underlying antidumping investigation, in accordance with section 734(i)(1)(B) of the Act. Pursuant to section 734(i)(1)(B) of the Act, the Department resumes the investigation as if it had published the affirmative preliminary determination under section 733(b) of the Act on January 18, 2008. As explained in the Preliminary Determination, 61 FR at 56609, the Department postponed the final determination in this investigation until VerDate Aug<31>2005 17:55 Jan 15, 2008 Jkt 214001 Suspension of Liquidation The Department will instruct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of fresh tomatoes from Mexico that are entered, or withdrawn from warehouse, for consumption on or after January 18, 2008, the effective date of the termination of the 2002 Suspension Agreement. CBP shall require antidumping duty cash deposits or bonds for entries of the subject merchandise based on the preliminary dumping margins, which are as follows: Grower/Exporter Fmt 4703 Sfmt 4703 International Trade Administration [A–570–822] Helical Spring Lock Washers From the People’s Republic of China: Notice of Extension of Time Limit for the Final Results of the Antidumping Duty Administrative Review AGENCY: 28.30 Background 11.95 17.56 On September 12, 2007, the Department of Commerce (‘‘the Department’’) published Helical Spring Lock Washers From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review, 72 FR 52073 (‘‘Preliminary Results’’). This review covers the period October 1, 2005, through September 30, 2006. The final results are currently due by January 10, 2008. Administrative Protective Order Access Administrative protective orders previously granted in the original investigation will remain in effect. Any necessary amendments for changes in staff must be submitted promptly. Parties must use the APO application Frm 00009 DEPARTMENT OF COMMERCE Import Administration, International Trade Administration, Department of Commerce. WeightedEFFECTIVE DATE: January 16, 2008. average margin per- FOR FURTHER INFORMATION CONTACT: centage Marin Weaver or Charles Riggle, AD/ 4.16 CVD Operations, Office 8, Import Administration, International Trade 11.89 Administration, U.S. Department of Commerce, 14th Street and Constitution 26.97 Avenue, NW., Washington, DC 20230; 188.45 telephone (202) 482–2336 or (202) 482– 0650, respectively. 10.26 SUPPLEMENTARY INFORMATION: International Trade Commission The Department will notify the ITC of its termination of the 2002 Suspension Agreement, termination of the sunset review of the suspended investigation, and resumption of the LTFV investigation. If the Department makes a final affirmative determination, the ITC is scheduled to make its final determination concerning injury within 45 days after publication of the Department’s final determination. If both the Department’s and the ITC’s final determinations are affirmative, the Department will issue an antidumping duty order. PO 00000 BILLING CODE 3510–DS–P Extension of Time Limit for Final Results of Review Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Department shall make a final determination in an administrative review of an antidumping duty order within 120 days after the date on which the preliminary results are published. The Act further provides, however, that the Department may extend that 120day period to 180 days after the preliminary results if it determines it is not practicable to complete the review within the foregoing time period. E:\FR\FM\16JAN1.SGM 16JAN1

Agencies

[Federal Register Volume 73, Number 11 (Wednesday, January 16, 2008)]
[Notices]
[Pages 2887-2889]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-670]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-820]


Fresh Tomatoes From Mexico

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of termination of suspension agreement, termination of 
five-year sunset review, and resumption of antidumping investigation: 
Fresh Tomatoes from Mexico.

-----------------------------------------------------------------------

EFFECTIVE DATE: January 18, 2008.
SUMMARY: On November 26, 2007, Mexican tomato growers/exporters 
accounting for a significant percentage of all fresh tomatoes imported 
into the United States from Mexico provided written notice to the 
Department of Commerce of their withdrawal from the agreement 
suspending the antidumping investigation on fresh tomatoes from Mexico. 
Because the suspension agreement will no longer cover

[[Page 2888]]

substantially all imports of fresh tomatoes from Mexico once this 
withdrawal becomes effective, the Department of Commerce is terminating 
the suspension agreement, terminating the sunset review of the 
suspended investigation, and resuming the antidumping investigation.

FOR FURTHER INFORMATION CONTACT: Judith Wey Rudman or Jay Carreiro at 
(202) 482-0192 or (202) 482-3674, respectively; Office of Policy, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street & Constitution Avenue, NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (the Act) by the 
Uruguay Round Agreements Act. In addition, unless otherwise indicated, 
all citations to Department of Commerce (Department) regulations refer 
to the regulations codified at 19 CFR part 353 (1996).

Background

    On April 18, 1996, the Department initiated an antidumping 
investigation to determine whether imports of fresh tomatoes from 
Mexico are being, or are likely to be, sold in the United States at 
less than fair value (LTFV) (61 FR 18377, April 25, 1996). On May 16, 
1996, the United States International Trade Commission (ITC) notified 
the Department of its affirmative preliminary injury determination.
    On October 10, 1996, the Department and Mexican tomato growers/
exporters initialed a proposed agreement suspending the antidumping 
investigation. On October 28, 1996, the Department preliminarily 
determined that imports of fresh tomatoes from Mexico are being sold at 
LTFV in the United States. See Notice of Preliminary Determination of 
Sales at Less Than Fair Value and Postponement of Final Determination: 
Fresh Tomatoes from Mexico, 61 FR 56608 (November 1, 1996) (Preliminary 
Determination). On the same day the Preliminary Determination was 
signed, the Department and certain growers/exporters of fresh tomatoes 
from Mexico signed an agreement to suspend the investigation (1996 
Suspension Agreement). See Suspension of Antidumping Investigation: 
Fresh Tomatoes from Mexico, 61 FR 56618 (November 1, 1996).
    On May 31, 2002, Mexican tomato growers/exporters accounting for a 
significant percentage of all fresh tomatoes imported into the United 
States from Mexico provided written notice to the Department of their 
withdrawal from the 1996 Suspension Agreement, effective July 30, 2002. 
Because the 1996 Suspension Agreement would no longer cover 
substantially all imports of fresh tomatoes from Mexico, effective July 
30, 2002, the Department terminated the 1996 Suspension Agreement, 
terminated the sunset review of the suspended investigation, and 
resumed the antidumping investigation. See Notice of Termination of 
Suspension Agreement, Termination of Sunset Review, and Resumption of 
Antidumping Investigation: Fresh Tomatoes from Mexico, 67 FR 50858 
(August 6, 2002).
    On November 8, 2002, the Department and Mexican tomato growers/
exporters initialed a proposed agreement suspending the resumed 
antidumping investigation on imports of fresh tomatoes from Mexico. On 
December 4, 2002, the Department and certain growers/exporters of fresh 
tomatoes from Mexico signed a new suspension agreement (``2002 
Suspension Agreement''). See Suspension of Antidumping Investigation: 
Fresh Tomatoes From Mexico, 67 FR 77044 (December 16, 2002). On 
November 3, 2003, the Department published the Final Results of 
Analysis of Reference Prices and Clarifications and Corrections; 
Agreement Suspending the Antidumping Duty Investigation on Fresh 
Tomatoes From Mexico, 68 FR 62281 (November 3, 2003).
    On November 26, 2007, Mexican tomato growers/exporters accounting 
for a significant percentage of all fresh tomatoes imported into the 
United States from Mexico provided written notice to the Department of 
their withdrawal from the 2002 Suspension Agreement, effective 90 days 
from the date of their withdrawal letter (i.e., February 24, 2008), or 
earlier, at the Department's discretion. Because, as of February 24, 
2008, the 2002 Suspension Agreement would no longer cover substantially 
all imports of fresh tomatoes from Mexico, the Department published a 
notice of intent to terminate the 2002 Suspension Agreement, intent to 
terminate the five-year sunset review of the suspended investigation, 
and intent to resume the antidumping investigation. See Fresh Tomatoes 
from Mexico: Notice of Intent to Terminate Suspension Agreement, Intent 
to Terminate the Five-Year Sunset Review, and Intent to Resume 
Antidumping Investigation, 72 FR 70820 (December 13, 2007).

Scope of the Investigation

    The merchandise subject to this investigation is all fresh or 
chilled tomatoes (fresh tomatoes) which have Mexico as their origin, 
except for those tomatoes which are for processing. For purposes of 
this investigation, processing is defined to include preserving by any 
commercial process, such as canning, dehydrating, drying, or the 
addition of chemical substances, or converting the tomato product into 
juices, sauces, or purees. Fresh tomatoes that are imported for cutting 
up, not further processing (e.g., tomatoes used in the preparation of 
fresh salsa or salad bars), are covered by this Agreement.
    Commercially grown tomatoes, both for the fresh market and for 
processing, are classified as Lycopersicon esculentum. Important 
commercial varieties of fresh tomatoes include common round, cherry, 
grape, plum, greenhouse, and pear tomatoes, all of which are covered by 
this investigation.
    Tomatoes imported from Mexico covered by this investigation are 
classified under the following subheadings of the Harmonized Tariff 
Schedules of the United States (HTSUS), according to the season of 
importation: 0702 and 9906.07.01 through 9906.07.09. Although the HTSUS 
numbers are provided for convenience and customs purposes, the written 
description of the scope of this investigation is dispositive.

Period of Investigation

    The period of investigation (POI) is March 1, 1995, through 
February 29, 1996.

Termination of Suspension Agreement

    The 2002 Suspension Agreement is an agreement to eliminate injury 
under section 734(c) of the Act. Under this type of suspension 
agreement, the Department may suspend an investigation based upon an 
agreement with exporters accounting for substantially all of the 
imports of the subject merchandise. The regulations in turn define 
``substantially all'' as exporters (growers and resellers) which have 
accounted for not less than 85 percent by value or volume of the 
merchandise during the period for which the Department is measuring 
dumping in the investigation or such other period that the Secretary 
considers representative. See 19 CFR 353.18(c).
    On November 26, 2007, signatory growers/exporters accounting for a 
large percentage of all fresh tomatoes imported into the United States 
from Mexico provided written notice to the Department of their 
withdrawal from

[[Page 2889]]

the 2002 Suspension Agreement. Pursuant to the terms of the 2002 
Suspension Agreement, signatory growers/exporters may withdraw from the 
agreement upon 90 days written notice to the Department. Therefore, 
these withdrawals from the 2002 Suspension Agreement become effective 
on February 24, 2008, or earlier at the Department's discretion. 
Virtually all imports of fresh tomatoes from Mexico into the United 
States are accounted for by those growers/exporters which have 
withdrawn from the 2002 Suspension Agreement; the few signatories 
remaining in the 2002 Suspension Agreement will not account for 
substantially all of the imports of subject merchandise once the 
withdrawal becomes effective.
    Accordingly, because the 2002 Suspension Agreement will not cover 
substantially all imports of fresh tomatoes from Mexico without the 
participation of the growers/exporters which provided their notice of 
withdrawal on November 26, 2007, the Department is terminating the 2002 
Suspension Agreement, effective January 18, 2008.


Termination of Five-Year Sunset Review

    On November 1, 2007, the Department initiated a five-year sunset 
review of the suspended antidumping investigation on fresh tomatoes 
from Mexico pursuant to section 751(c) of the Act. See Initiation of 
Five-Year (Sunset) Reviews, 72 FR 61861 (November 1, 2007). Because the 
Department is terminating the 2002 Suspension Agreement, there is no 
longer a suspended investigation for which to perform a sunset review. 
Therefore, the Department is terminating the sunset review of the 
suspended LTFV investigation on fresh tomatoes from Mexico, effective 
January 18, 2008.

Resumption of Antidumping Investigation

    With the termination of the 2002 Suspension Agreement, effective 
January 18, 2008, the Department is resuming the underlying antidumping 
investigation, in accordance with section 734(i)(1)(B) of the Act. 
Pursuant to section 734(i)(1)(B) of the Act, the Department resumes the 
investigation as if it had published the affirmative preliminary 
determination under section 733(b) of the Act on January 18, 2008.
    As explained in the Preliminary Determination, 61 FR at 56609, the 
Department postponed the final determination in this investigation 
until the 135th day after the date of the preliminary determination. 
Accordingly, the Department intends to issue its final determination in 
the resumed investigation by June 2, 2008.

Verification

    As provided in section 782(i) of the Act, the Department will 
verify all information determined to be acceptable for use in making 
the final determination.

Suspension of Liquidation

    The Department will instruct U.S. Customs and Border Protection 
(CBP) to suspend liquidation of entries of fresh tomatoes from Mexico 
that are entered, or withdrawn from warehouse, for consumption on or 
after January 18, 2008, the effective date of the termination of the 
2002 Suspension Agreement. CBP shall require antidumping duty cash 
deposits or bonds for entries of the subject merchandise based on the 
preliminary dumping margins, which are as follows:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                      Grower/Exporter                           margin
                                                              percentage
------------------------------------------------------------------------
San Vincente Camalu........................................         4.16
Ernesto Fernando Echavarria Salazar Grupo Solidario........        11.89
Arturo Lomeli Villalobas S.A. de C.V.......................        26.97
Eco-Cultivos S.A. de C.V...................................       188.45
Ranchos Los Pinos S. de R.L. de C.V........................        10.26
Administradora Horticola del Tamazula......................        28.30
Agricola Yory, S. de P.R. de R.I...........................        11.95
All Others.................................................        17.56
------------------------------------------------------------------------

International Trade Commission

    The Department will notify the ITC of its termination of the 2002 
Suspension Agreement, termination of the sunset review of the suspended 
investigation, and resumption of the LTFV investigation. If the 
Department makes a final affirmative determination, the ITC is 
scheduled to make its final determination concerning injury within 45 
days after publication of the Department's final determination. If both 
the Department's and the ITC's final determinations are affirmative, 
the Department will issue an antidumping duty order.

Administrative Protective Order Access

    Administrative protective orders previously granted in the original 
investigation will remain in effect. Any necessary amendments for 
changes in staff must be submitted promptly. Parties must use the APO 
application form in effect at the time of the original investigation, 
Form ITA-367(3.89).
    We are issuing and publishing this determination under section 
733(f) of the Act and 19 CFR 353.15.

    Dated: January 10, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
 [FR Doc. E8-670 Filed 1-15-08; 8:45 am]
BILLING CODE 3510-DS-P