Fresh Tomatoes From Mexico: Termination of Suspension Agreement, Termination of Five-Year Sunset Review, and Resumption of Antidumping Investigation, 14771-14773 [2013-05211]
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Federal Register / Vol. 78, No. 45 / Thursday, March 7, 2013 / Notices
Written comments must be
submitted on or before May 6, 2013.
ADDRESSES: Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
14th and Constitution Avenue NW.,
Washington, DC 20230 (or via the
Internet at JJessup@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Todd DeLelle, Office of
Energy and Environmental
Technologies, (202) 482–4877, fax: (202)
482–5665, or todd.delelle@trade.gov.
SUPPLEMENTARY INFORMATION:
DATES:
I. Abstract
The International Trade
Administration’s Office of Energy and
Environmental Industries (OEEI) is the
principal resource and key contact point
within the U.S. Department of
Commerce for American energy and
environmental technology companies.
The goal of OEEI is to facilitate and
increase exports of energy and
environmental goods and services by
providing support and guidance to U.S.
exporters. One aspect of increasing
exports is to reduce trade barriers and
non-tariff measures. OEEI works closely
with the Office of the U.S. Trade
Representative on trade negotiations
and trade liberalization initiatives. The
information collected by this survey is
used to support these projects and
enable OEEI to maintain a current, upto-date list of non-tariff measures that
create trade barriers for U.S. exports of
environmental goods and services.
II. Method of Collection
Electronic submission via https://
www.export.gov/envirotech.
emcdonald on DSK67QTVN1PROD with NOTICES
III. Data
OMB Control Number: 0625–0241.
Form Number: ITA–4150P.
Type of Review: Regular submission.
Affected Public: Business or other forprofit organizations.
Estimated Number of Respondents:
200.
Estimated Time per Response: 10
minutes.
Estimated Total Annual Burden
Hours: 33.
Estimated Total Annual Costs: $0.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
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practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: March 4, 2013.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2013–05335 Filed 3–6–13; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–820]
Fresh Tomatoes From Mexico:
Termination of Suspension Agreement,
Termination of Five-Year Sunset
Review, and Resumption of
Antidumping Investigation
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: March 1, 2013.
SUMMARY: On February 28, 2013,
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 no longer covers
substantially all imports of fresh
tomatoes from Mexico, 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 Julie Santoboni
at (202) 482–0192 or (202) 482–3063,
respectively; Office of Policy, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street & Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
14771
Background
On February 2, 2013, the Department
of Commerce (the Department) and
Mexican tomato growers/exporters
accounting for a significant percentage
of all fresh tomatoes imported into the
United States from Mexico initialed a
proposed agreement that would suspend
a resumed antidumping investigation on
fresh tomatoes from Mexico. Based on
this proposed agreement, and the
anticipation that the Mexican tomato
growers/exporters would withdraw from
the 2008 Agreement in order to enter
into a new agreement if an acceptable
agreement was reached, the Department
published a notice of intent to terminate
the suspension agreement and resume
the antidumping investigation, and
intent to terminate the sunset review on
February 8, 2013. (See, Fresh Tomatoes
from Mexico: Intent to Terminate
Suspension Agreement and Resume
Antidumping Investigation and Intent to
Terminate Sunset Review, 78 FR 9366
(February 8, 2013).
On February 28, 2013, 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 2008 Suspension
Agreement, effective 90 days from the
date of their withdrawal letter (i.e., May
29, 2013), or earlier, at the Department’s
discretion. The Department is accepting
the Mexican tomato growers/exporters
withdrawal from the 2008 Suspension
Agreement, effective March 1, 2013.
Because the suspension agreement no
longer covers substantially all imports
of fresh tomatoes from Mexico, the
Department of Commerce is terminating
the suspension agreement, terminating
the sunset review of the suspended
investigation, and resuming the
antidumping investigation.
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,
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14772
Federal Register / Vol. 78, No. 45 / Thursday, March 7, 2013 / Notices
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
subheading of the Harmonized Tariff
Schedules of the United States
(HTSUS), according to the season of
importation: 0702. Although the HTSUS
numbers are provided for convenience
and customs purposes, the written
description of the scope of this
investigation is dispositive.
emcdonald on DSK67QTVN1PROD with NOTICES
Period of Investigation
The period of investigation (POI) is
March 1, 1995, through February 29,
1996.
Termination of Suspension Agreement
The 2008 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)
(1996).
On February 28, 2013, 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
the 2008 Suspension Agreement.
Pursuant to the terms of the 2008
Suspension Agreement, signatory
growers/exporters may withdraw from
the agreement upon 90 days written
notice to the Department. Therefore, in
accordance with the terms of the 2008
Suspension Agreement and the notice of
withdrawal from the signatory growers/
exporters, these withdrawals from the
2008 Suspension Agreement become
effective on May 29, 2013, 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 2008 Suspension Agreement; the
few signatories remaining in the 2008
Suspension Agreement will not account
VerDate Mar<15>2010
14:43 Mar 06, 2013
Jkt 229001
for substantially all of the imports of
subject merchandise once the
withdrawal becomes effective.
Accordingly, because the 2008
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 February 28, 2013, the
Department is terminating the 2008
Suspension Agreement, effective March
1, 2013.
Termination of Five-Year Sunset
Review
On December 3, 2012, 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’’)
Review, 77 FR 71684 (December 3,
2012).
Because the Department is
terminating the 2008 Suspension
Agreement, there is no longer a
suspended investigation for which to
conduct a sunset review. Therefore, the
Department is terminating the sunset
review of the suspended antidumping
investigation on fresh tomatoes from
Mexico, effective March 1, 2013.
Resumption of Antidumping
Investigation
With the termination of the 2008
Suspension Agreement, effective March
1, 2013, 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 March 1, 2013.
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 July 15, 2013,
unless the Department and the Mexican
tomato growers/exporters accounting for
substantially all fresh tomatoes
imported into the United States from
Mexico sign an agreement that would
suspend the resumed antidumping
investigation on fresh tomatoes from
Mexico.
Verification
As provided in section 782(i) of the
Act, the Department will verify all
information determined to be acceptable
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
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 March 1, 2013,
the effective date of the termination of
the 2008 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
Weightedaverage
percentage
margin
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 ..............................
4.16
11.89
26.97
188.45
10.26
28.30
11.95
17.56
International Trade Commission
The Department will notify the
International Trade Commission (ITC) of
its termination of the 2008 Suspension
Agreement, termination of the sunset
review of the suspended investigation,
and resumption of the antidumping
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
Because of the significant changes
made to the administrative protective
order (APO) process since the initial
suspension of the investigation, the
Department will issue a new APO for
this resumed investigation that will
supersede the previously issued firmspecific APOs. Those authorized
applicants that were granted APOs
during the original investigation phase,
as indicated in the most recent APO
service list on the Department’s Web
site, will continue to have access to
business proprietary information under
E:\FR\FM\07MRN1.SGM
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Federal Register / Vol. 78, No. 45 / Thursday, March 7, 2013 / Notices
APO. Any new APO applications or
necessary amendments for changes in
staff under the pre-existing APOs
should be submitted promptly, and in
accordance with the Department’s
regulations currently in effect. See
section 777(c)(1) of the Act; 19 CFR
351.103, 351.304, 351.305 and 351.306.
In addition, because of the significant
changes made to the Department’s filing
and certification requirements since the
initial suspension of the investigation,
including the introduction of electronic
filing, the Department will apply its
current regulations and practices with
regard to filing and certification for
purposes of this resumed antidumping
investigation. See 19 CFR 351.303(b)
and (g). However, with respect to the
procedures for the conduct of this
resumed investigation generally,
including any possible suspension
thereof, the Department’s regulations in
effect in 1996 shall govern. See 19 CFR
351.701; San Vicente Camalu SPR de RI
v. United States, 491 F.Supp.2d 1186
(CIT 2007).
We are issuing and publishing this
determination under section 733(f) and
734(i) of the Act.
Dated: March 1, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2013–05211 Filed 3–6–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
U.S. Environmental Solutions Toolkit—
Landfill Standards
International Trade
Administration, DOC.
ACTION: Notice and Request for
Comment.
AGENCY:
This notice sets forth a
request for input from U.S. businesses
capable of exporting their goods or
services relevant to landfill
environmental standards. The
Department of Commerce continues to
develop the web-based U.S.
Environmental Solutions Toolkit to be
used by foreign environmental officials
and foreign end-users of environmental
technologies that will outline U.S.
approaches to a series of environmental
problems and highlight participating
U.S. vendors of relevant U.S.
technologies. The Toolkit will support
the President’s National Export
Initiative by fostering export
opportunities for the U.S.
environmental industry, as well as
emcdonald on DSK67QTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
14:43 Mar 06, 2013
Jkt 229001
advancing global environmental
protection.
DATES: U.S. companies capable of
exporting goods or services relevant to
the environmental issues outlined above
that are interested in participating in the
U.S. Environmental Solutions Toolkit
should self-identify by March 19, 2013,
at 5:00 p.m. Eastern Daylight Time
(EDT).
ADDRESSES: Please indicate interest in
participating in the U.S. Environmental
Solutions Toolkit by post, email, or fax
to the attention of Todd DeLelle, Office
of Energy & Environmental Industries,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Ave. NW., Room 4053,
Washington, DC 20230; 202–482–4877;
email envirotech@trade.gov; fax 202–
482–5665.
SUPPLEMENTARY INFORMATION: The
development of the U.S. Environmental
Solutions Toolkit requires the
identification of U.S. vendors capable of
supplying relevant goods and services to
foreign buyers. United States exporters
interested in being listed on the Toolkit
Web site are encouraged to submit their
company’s name, Web site address,
contact information, and landfill
environmental standards category of
interest from the following list:
(a) Liners
(b) Leachate Collection Systems
(c) Landfill Gas Collection
(d) Bioreactors
(e) Controlled Injection Systems
(f) Landfill Gas Air Monitoring
(g) Landfill Groundwater Monitoring
(h) Landfill Covers
(i) Landfill Control Systems
For purposes of participation in the
Toolkit, ‘‘United States exporter’’ has
the meaning found in 15 U.S.C. 4721(j),
which provides: ‘‘United States exporter
means (A) a United States citizen; (B) a
corporation, partnership, or other
association created under the laws of
the United States or of any State; or (C)
a foreign corporation, partnership, or
other association, more than 95 percent
of which is owned by persons described
in subparagraphs (A) and (B), that
exports, or seeks to export, goods or
services produced in the United
States* * *.’’
An expression of interest in being
listed on the Toolkit Web site in
response to this notice will serve as a
certification that the company is a
United States exporter, as defined by 15
U.S.C. 4721(j), and seeks to export
environmental solutions that fall within
the category or categories indicated in
your response. Responding to this
notification constitutes consent to
participate in the Toolkit and to the
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
14773
public sharing of the company name. It
also constitutes consent to the inclusion
of the name of the company on the
Toolkit Web site. The company name
will be listed along with a link to the
company-specific Web site indicated in
the response to this notice. No
additional company information will be
posted.
The U.S. Environmental Solutions
Toolkit will refer users in foreign
markets to U.S. approaches to solving
environmental problems and to U.S.
companies that can export related
technologies. The Toolkit Web site will
note that its contents and links do not
constitute an official endorsement or
approval by the U.S. Commerce
Department or the U.S. Government of
any of the companies, Web sites,
products, or services listed.
FOR FURTHER INFORMATION CONTACT: Mr.
Todd DeLelle, Office of Energy &
Environmental Industries (OEEI),
International Trade Administration,
Room 4053, 1401 Constitution Avenue
NW., Washington, DC 20230. (Phone:
202–482–4877; Fax: 202–482–5665;
email: todd.delelle@trade.gov).
Catherine Vial,
Team Leader, Environmental and Renewable
Energy Industries, Office of Energy and
Environmental Industries.
[FR Doc. 2013–05265 Filed 3–6–13; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
U.S. Environmental Solutions Toolkit—
Medical Waste
International Trade
Administration, DOC.
ACTION: Notice and Request for
Comment.
AGENCY:
SUMMARY: This notice sets forth a
request for input from U.S. businesses
capable of exporting their goods or
services relevant to management of
medical waste. The Department of
Commerce continues to develop the
web-based U.S. Environmental
Solutions Toolkit to be used by foreign
environmental officials and foreign endusers of environmental technologies that
will outline U.S. approaches to a series
of environmental problems and
highlight participating U.S. vendors of
relevant U.S. technologies. The Toolkit
will support the President’s National
Export Initiative by fostering export
opportunities for the U.S.
environmental industry, as well as
advancing global environmental
protection.
E:\FR\FM\07MRN1.SGM
07MRN1
]]>Agencies
[Federal Register Volume 78, Number 45 (Thursday, March 7, 2013)]
[Notices]
[Pages 14771-14773]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05211]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-820]
Fresh Tomatoes From Mexico: Termination of Suspension Agreement,
Termination of Five-Year Sunset Review, and Resumption of Antidumping
Investigation
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: March 1, 2013.
SUMMARY: On February 28, 2013, 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 no longer covers substantially all
imports of fresh tomatoes from Mexico, 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 Julie Santoboni
at (202) 482-0192 or (202) 482-3063, respectively; Office of Policy,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street & Constitution Avenue NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On February 2, 2013, the Department of Commerce (the Department)
and Mexican tomato growers/exporters accounting for a significant
percentage of all fresh tomatoes imported into the United States from
Mexico initialed a proposed agreement that would suspend a resumed
antidumping investigation on fresh tomatoes from Mexico. Based on this
proposed agreement, and the anticipation that the Mexican tomato
growers/exporters would withdraw from the 2008 Agreement in order to
enter into a new agreement if an acceptable agreement was reached, the
Department published a notice of intent to terminate the suspension
agreement and resume the antidumping investigation, and intent to
terminate the sunset review on February 8, 2013. (See, Fresh Tomatoes
from Mexico: Intent to Terminate Suspension Agreement and Resume
Antidumping Investigation and Intent to Terminate Sunset Review, 78 FR
9366 (February 8, 2013).
On February 28, 2013, 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 2008 Suspension Agreement, effective 90 days
from the date of their withdrawal letter (i.e., May 29, 2013), or
earlier, at the Department's discretion. The Department is accepting
the Mexican tomato growers/exporters withdrawal from the 2008
Suspension Agreement, effective March 1, 2013. Because the suspension
agreement no longer covers substantially all imports of fresh tomatoes
from Mexico, the Department of Commerce is terminating the suspension
agreement, terminating the sunset review of the suspended
investigation, and resuming the antidumping investigation.
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,
[[Page 14772]]
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 subheading of the Harmonized Tariff
Schedules of the United States (HTSUS), according to the season of
importation: 0702. 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 2008 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) (1996).
On February 28, 2013, 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 the 2008 Suspension Agreement. Pursuant to the terms of
the 2008 Suspension Agreement, signatory growers/exporters may withdraw
from the agreement upon 90 days written notice to the Department.
Therefore, in accordance with the terms of the 2008 Suspension
Agreement and the notice of withdrawal from the signatory growers/
exporters, these withdrawals from the 2008 Suspension Agreement become
effective on May 29, 2013, 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 2008 Suspension Agreement; the few signatories
remaining in the 2008 Suspension Agreement will not account for
substantially all of the imports of subject merchandise once the
withdrawal becomes effective.
Accordingly, because the 2008 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 February 28, 2013, the Department is terminating the 2008
Suspension Agreement, effective March 1, 2013.
Termination of Five-Year Sunset Review
On December 3, 2012, 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'') Review, 77 FR 71684 (December 3, 2012).
Because the Department is terminating the 2008 Suspension
Agreement, there is no longer a suspended investigation for which to
conduct a sunset review. Therefore, the Department is terminating the
sunset review of the suspended antidumping investigation on fresh
tomatoes from Mexico, effective March 1, 2013.
Resumption of Antidumping Investigation
With the termination of the 2008 Suspension Agreement, effective
March 1, 2013, 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 March 1, 2013.
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 July 15, 2013, unless the Department and
the Mexican tomato growers/exporters accounting for substantially all
fresh tomatoes imported into the United States from Mexico sign an
agreement that would suspend the resumed antidumping investigation on
fresh tomatoes from Mexico.
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 March 1, 2013, the effective date of the termination of the 2008
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 percentage
margin
------------------------------------------------------------------------
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 International Trade Commission (ITC)
of its termination of the 2008 Suspension Agreement, termination of the
sunset review of the suspended investigation, and resumption of the
antidumping 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
Because of the significant changes made to the administrative
protective order (APO) process since the initial suspension of the
investigation, the Department will issue a new APO for this resumed
investigation that will supersede the previously issued firm-specific
APOs. Those authorized applicants that were granted APOs during the
original investigation phase, as indicated in the most recent APO
service list on the Department's Web site, will continue to have access
to business proprietary information under
[[Page 14773]]
APO. Any new APO applications or necessary amendments for changes in
staff under the pre-existing APOs should be submitted promptly, and in
accordance with the Department's regulations currently in effect. See
section 777(c)(1) of the Act; 19 CFR 351.103, 351.304, 351.305 and
351.306.
In addition, because of the significant changes made to the
Department's filing and certification requirements since the initial
suspension of the investigation, including the introduction of
electronic filing, the Department will apply its current regulations
and practices with regard to filing and certification for purposes of
this resumed antidumping investigation. See 19 CFR 351.303(b) and (g).
However, with respect to the procedures for the conduct of this resumed
investigation generally, including any possible suspension thereof, the
Department's regulations in effect in 1996 shall govern. See 19 CFR
351.701; San Vicente Camalu SPR de RI v. United States, 491 F.Supp.2d
1186 (CIT 2007).
We are issuing and publishing this determination under section
733(f) and 734(i) of the Act.
Dated: March 1, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-05211 Filed 3-6-13; 8:45 am]
BILLING CODE 3510-DS-P
