Fresh Tomatoes From Mexico: Preliminary Results of the Five-Year Sunset Review of the 2013 Suspension Agreement on Fresh Tomatoes From Mexico, 43642-43644 [2018-18436]
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43642
Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Notices
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, at a time and date to be
determined. Parties should confirm the
date, time, and location of the hearing
two days before the scheduled date.
amozie on DSK3GDR082PROD with NOTICES1
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Section 351.210(e)(2) of Commerce’s
regulations requires that a request by
exporters for postponement of the final
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On July 19, 2018, pursuant to 19 CFR
351.210(e), Corinth requested that
Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.9 In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) The
preliminary determination is
affirmative; (2) the requesting exporter
accounts for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
9 See Corinth Pipeworks S.A.’s Letter re:
Antidumping Investigation of Large Diameter
Welded Pipe from Greece—Request for
Postponement of Final Determination and
Provisional Measures Period, dated July 19, 2018.
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17:51 Aug 24, 2018
Jkt 244001
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, the
ITC will determine before the later of
120 days after the date of this
preliminary determination or 45 days
after the final determination whether
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: August 20, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I—Scope of the Investigation
The merchandise covered by this
investigation is welded carbon and alloy steel
pipe (including stainless steel pipe), more
than 406.4 mm (16 inches) in nominal
outside diameter (large diameter welded
pipe), regardless of wall thickness, length,
surface finish, grade, end finish, or
stenciling. Large diameter welded pipe may
be used to transport oil, gas, slurry, steam, or
other fluids, liquids, or gases. It may also be
used for structural purposes, including, but
not limited to, piling. Specifically, not
included is large diameter welded pipe
produced only to specifications of the
American Water Works Association (AWWA)
for water and sewage pipe.
Large diameter welded pipe used to
transport oil, gas, or natural gas liquids is
normally produced to the American
Petroleum Institute (API) specification 5L.
Large diameter welded pipe may also be
produced to American Society for Testing
and Materials (ASTM) standards A500, A252,
or A53, or other relevant domestic
specifications, grades and/or standards. Large
diameter welded pipe can be produced to
comparable foreign specifications, grades
and/or standards or to proprietary
specifications, grades and/or standards, or
can be non-graded material. All pipe meeting
the physical description set forth above is
covered by the scope of this investigation,
whether or not produced according to a
particular standard.
Subject merchandise also includes large
diameter welded pipe that has been further
processed in a third country, including but
not limited to coating, painting, notching,
beveling, cutting, punching, welding, or any
other processing that would not otherwise
remove the merchandise from the scope of
the investigation if performed in the country
of manufacture of the in-scope large diameter
welded pipe.
The large diameter welded pipe that is
subject to this investigation is currently
classifiable in the Harmonized Tariff
Schedule of the United States (HTSUS) under
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
subheadings 7305.11.1030, 7305.11.1060,
7305.11.5000, 7305.12.1030, 7305.12.1060,
7305.12.5000, 7305.19.1030, 7305.19.1060,
7305.19.5000, 7305.31.4000, 7305.31.6010,
7305.31.6090, 7305.39.1000 and
7305.39.5000. While the HTSUS subheadings
are provided for convenience and customs
purposes, the written description of the
scope of this investigation is dispositive.
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Discussion of the Methodology
A. Determination of the Comparison
Method
B. Results of the Differential Pricing
Analysis
VI. Date of Sale
VII. Product Comparisons
VIII. Constructed Export Price
IX. Normal Value
A. Home Market Viability
B. Level of Trade
C. Cost of Production Analysis
1. Calculation of Cost of Production (COP)
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
D. Calculation of NV Based on Comparison
Market Prices
X. Currency Conversion
XI. Conclusion
[FR Doc. 2018–18487 Filed 8–24–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–820]
Fresh Tomatoes From Mexico:
Preliminary Results of the Five-Year
Sunset Review of the 2013 Suspension
Agreement on Fresh Tomatoes From
Mexico
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On February 1, 2018, the
Department of Commerce (Commerce)
initiated the fourth sunset review of the
suspended antidumping duty
investigation on fresh tomatoes from
Mexico. Commerce preliminarily finds
that termination of the suspended
antidumping duty investigation on fresh
tomatoes from Mexico would be likely
to lead to continuation or recurrence of
dumping at the levels indicated in the
‘‘Preliminary Results of Review’’ section
of this notice.
DATES: Applicable August 27, 2018.
FOR FURTHER INFORMATION CONTACT:
David Cordell or Sally C. Gannon,
Bilateral Agreements Unit, Office of
AGENCY:
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Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Notices
amozie on DSK3GDR082PROD with NOTICES1
Policy and Negotiations, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
202–482–0408 or 202–482–0162,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 8, 2013, the Department of
Commerce (the Department) published a
notice of suspension of the antidumping
duty investigation on fresh tomatoes
from Mexico. The basis for the
suspension of the investigation was an
agreement between Commerce and
producers/exporters accounting for
substantially all imports of fresh
tomatoes from Mexico wherein each
signatory producer/exporter agreed to
revise its prices to eliminate completely
the injurious effects of exports of this
merchandise to the United States (2013
Suspension Agreement on Fresh
Tomatoes from Mexico (Suspension
Agreement)).1
On February 1, 2018, Commerce
initiated the sunset review of the
suspended antidumping duty
investigation on fresh tomatoes from
Mexico in accordance with section
751(c) of the Tariff Act of 1930, as
amended (the Act).2 Commerce received
a notice of intent to participate in this
sunset review from the Florida Tomato
Exchange (FTE) on February 15, 2018,
within the applicable deadline specified
in 19 CFR 351.218(d)(1)(i). The FTE
claimed interested-party status under
section 771(9)(E) of the Act as a trade or
business association a majority of whose
members manufacture, produce, or
wholesale a domestic like product in the
United States.
On March 1, 2018, Commerce
received a request from NatureSweet
Ltd. and its affiliates (collectively,
NatureSweet) for a one-week extension
to the deadline prescribed in 19 CFR
351.218(d)(3) for submitting its
substantive response. On March 5, 2018,
Commerce granted NatureSweet’s
extension request, in accordance with
19 CFR 351.302(b), and extended the
deadline for substantives responses
from all interested parties to March 12,
2018. On March 12, 2018, Commerce
received complete substantive responses
from NatureSweet, the FTE, and
Confederacio´n de Asociaciones
Agricolas del Estado de Sinaloa, A.C.,
Consejo Agricola de Baja California,
1 See Fresh Tomatoes from Mexico: Suspension of
Antidumping Investigation, 78 FR 14967 (March 8,
2013).
2 See Initiation of Five-Year (Sunset) Review, 83
FR 4641 (February 1, 2018) (Initiation).
VerDate Sep<11>2014
17:51 Aug 24, 2018
Jkt 244001
A.C., Asociacio´n Mexicana de
Horticultura Protegida, A.C., Asociacio´n
de Productores de Hortalizas del Yaqui
y Mayo, and Sistema Producto Tomate
(collectively, CAADES et al. or the
Mexican growers).3 Both NatureSweet
and CAADES et al. claimed interestedparty status under section 771(9)(A) of
the Act as a foreign manufacturer,
producer, or exporter, or the United
States importer, of subject merchandise
or a trade or business association a
majority of the members of which are
producers, exporters, or importers of
such merchandise. On April 2, 2018,
Commerce received rebuttal comments
from the FTE and the Mexican growers
within the deadline specified in 19 CFR
351.218(d)(4).4
On April 13, 2018, Commerce
determined in accordance with 19 CFR
351.218(e)(1)(ii) that NatureSweet’s and
the Mexican signatories’ substantive
responses met the requirements of 19
CFR 351.218(d)(3) and thus constituted
adequate responses to the notice of
initiation. Further, we found in
accordance with 19 CRF 351.218(e)(1)(i)
that the domestic interested parties
submitted an adequate response to the
notice of initiation. As a result, pursuant
to section 751(c)(5)(A) of the Act and 19
CFR 351.218(e)(2)(i), Commerce began
conducting a full sunset review of the
suspended investigation on fresh
tomatoes from Mexico and notified the
ITC of its intent to conduct a full sunset
review.5
Scope of the Suspension Agreement
The merchandise subject to the
suspension agreement 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 suspension
agreement, 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 suspension agreement.
Commercially grown tomatoes, both
for the fresh market and for processing,
are classified as Lycopersicon
esculentum. Important commercial
varieties of fresh tomatoes include
3 See Letters from NatureSweet, FTE, and
Mexican growers, dated March 12, 2018.
4 See Letters from the FTE and the Mexican
Growers dated April 2, 2018.
5 See Letter from James C. Doyle to Michael
Anderson entitled ‘‘Sunset Reviews Initiated on
February 1, 2018’’ (April 13, 2018).
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
43643
common round, cherry, grape, plum,
greenhouse, and pear tomatoes, all of
which are covered by this Suspension
Agreement.
Tomatoes imported from Mexico
covered by this suspension agreement
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.
Analysis of Comments Received
All issues raised for the preliminary
results of this sunset review are
addressed in the Preliminary Decision
Memorandum.6 The Preliminary
Decision Memorandum is a public
document and is on file electronically
via the Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov and in the Central
Records Unit, Room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly on the internet at
https://enforcement.trade.gov/frn/. The
signed Preliminary Decision
Memorandum and the electronic
version of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of Review
Pursuant to section 752(c) of the Act,
we determine that termination of the
suspended investigation on fresh
tomatoes from Mexico would be likely
to lead to continuation or recurrence of
dumping at weighted-average margins
up to 188.14 percent.
Interested parties may submit case
briefs no later than 30 days after the
date of publication of the preliminary
results of this full sunset review, in
accordance with 19 CFR
351.309(c)(1)(i). Rebuttal briefs, which
must be limited to issues raised in the
case briefs, may be filed not later than
five days after the time limit for filing
case briefs in accordance with 19 CFR
351.309(d). Any interested party may
request a hearing within 30 days of
publication of this notice in accordance
with 19 CFR 351.310(c). If a request for
6 See Memorandum from Sally C. Gannon to Gary
Taverman, entitled ‘‘Preliminary Decision
Memorandum for the Fourth Sunset Review of the
2013 Suspension Agreement on Fresh Tomatoes
from Mexico’’ (Preliminary Decision
Memorandum), dated concurrently with, and
hereby adopted by this notice.
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43644
Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Notices
a hearing is made, Commerce intends to
hold the hearing at the U.S. Department
of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, at a date
and time to be determined. Commerce
will issue a notice of final results of this
full sunset review, which will include
the results of its analysis of issues raised
in any such comments, no later than
October 1, 2018.
This five-year (sunset) review and
notice are in accordance with sections
751(c), 752(c), and 777(i)(1) of the Act
and 19 CFR 351.218(f)(1).
Dated: August 21, 2018.
Gary Taverman
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2018–18436 Filed 8–24–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–077]
Large Diameter Welded Pipe From the
People’s Republic of China:
Preliminary Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that large diameter welded pipe (welded
pipe) from the People’s Republic of
China (China) is being, or is likely to be,
sold in the United States at less than fair
value (LTFV). The period of
investigation (POI) is July 1, 2017,
through December 31, 2017. Interested
parties are invited to comment on this
preliminary determination.
DATES: Applicable August 27, 2018.
FOR FURTHER INFORMATION CONTACT:
Trenton Duncan or Ryan Mullen, AD/
CVD Operations, Office V, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3539 or (202) 482–5260,
respectively.
amozie on DSK3GDR082PROD with NOTICES1
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
VerDate Sep<11>2014
17:51 Aug 24, 2018
Jkt 244001
on February 20, 2018.1 On June 8, 2018,
Commerce postponed the preliminary
determination of this investigation; the
revised deadline is now August 20,
2018.2 For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
included in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and to all parties in the
Central Records Unit, room B8024 of the
main Department of Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and electronic versions of
the Preliminary Decision Memorandum
are identical in content.
Scope of the Investigation
The product covered by this
investigation is welded pipe from
China. For a complete description of the
scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e. scope).5 Certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice. For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this investigation, and
accompanying discussion and analysis
of all comments timely received, see the
Preliminary Scope Decision
1 See
Large Diameter Welded Pipe from Canada,
Greece, India, the People’s Republic of China, the
Republic of Korea, and the Republic of Turkey:
Initiation of Less-Than-Fair-Value Investigations, 83
FR 7154 (February 20, 2018) (Initiation Notice).
2 See Large Diameter Welded Pipe from Canada,
Greece, India, the People’s Republic of China, the
Republic of Korea, and the Republic of Turkey:
Postponement of Preliminary Determinations in
Less-Than-Fair-Value Investigations, 83 FR 27953
(June 15, 2018).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Large Diameter Welded
Pipe from People’s Republic of China,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
Memorandum.6 Commerce is
preliminarily modifying the scope
language as it appeared in the Initiation
Notice. See the revised scope in
Appendix I to this notice.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Pursuant to section
776(a) and (b) of the Act, we have
preliminarily relied upon facts
otherwise available, with adverse
inferences (AFA), for the China-wide
entity. As AFA, we have assigned the
highest margin alleged in the Petition of
132.63 percent.7 For a full description of
the methodology underlying
Commerce’s preliminary determination,
see the Preliminary Decision
Memorandum.
Combination Rates
In the Initiation Notice,8 Commerce
stated that it would calculate producer/
exporter combination rates for the
respondents that are eligible for a
separate rate in this investigation. Policy
Bulletin 05.1 describes this practice.9 In
this case, because no respondent
qualified for a separate rate, producer/
exporter combination rates were not
calculated.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margin exists:
Exporter
China-wide Entity ..................
Estimated
weightedaverage
dumping
margin
(percent)
132.63
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, Commerce will direct CBP to
suspend liquidation of subject
6 See Memorandum, ‘‘Large Diameter Welded
Pipe from Canada, Greece, India, the People’s
Republic of China, the Republic of Korea, and the
Republic of Turkey: Scope Comments Decision
Memorandum for the Preliminary Determinations’’
(Preliminary Scope Decision Memorandum), dated
June 19, 2018.
7 See Petitioners’ Letter, ‘‘Response to the
Department’s January 23, 2018 Supplemental
Questions Regarding Volume VIII of the Petition for
the Imposition of Antidumping and Countervailing
Duties,’’ dated January 25, 2018,’’ at Exhibit AD–
CN–Supp–3.
8 See Initiation Notice at 7160.
9 See Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries,’’ (April 5, 2005) (Policy
Bulletin 05.1), available on Commerce’s website at
https://enforcement.trade.gov/policy/bull05-1.pdf.
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]]>Agencies
[Federal Register Volume 83, Number 166 (Monday, August 27, 2018)]
[Notices]
[Pages 43642-43644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18436]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-820]
Fresh Tomatoes From Mexico: Preliminary Results of the Five-Year
Sunset Review of the 2013 Suspension Agreement on Fresh Tomatoes From
Mexico
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On February 1, 2018, the Department of Commerce (Commerce)
initiated the fourth sunset review of the suspended antidumping duty
investigation on fresh tomatoes from Mexico. Commerce preliminarily
finds that termination of the suspended antidumping duty investigation
on fresh tomatoes from Mexico would be likely to lead to continuation
or recurrence of dumping at the levels indicated in the ``Preliminary
Results of Review'' section of this notice.
DATES: Applicable August 27, 2018.
FOR FURTHER INFORMATION CONTACT: David Cordell or Sally C. Gannon,
Bilateral Agreements Unit, Office of
[[Page 43643]]
Policy and Negotiations, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: 202-482-0408 or 202-482-
0162, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 8, 2013, the Department of Commerce (the Department)
published a notice of suspension of the antidumping duty investigation
on fresh tomatoes from Mexico. The basis for the suspension of the
investigation was an agreement between Commerce and producers/exporters
accounting for substantially all imports of fresh tomatoes from Mexico
wherein each signatory producer/exporter agreed to revise its prices to
eliminate completely the injurious effects of exports of this
merchandise to the United States (2013 Suspension Agreement on Fresh
Tomatoes from Mexico (Suspension Agreement)).\1\
---------------------------------------------------------------------------
\1\ See Fresh Tomatoes from Mexico: Suspension of Antidumping
Investigation, 78 FR 14967 (March 8, 2013).
---------------------------------------------------------------------------
On February 1, 2018, Commerce initiated the sunset review of the
suspended antidumping duty investigation on fresh tomatoes from Mexico
in accordance with section 751(c) of the Tariff Act of 1930, as amended
(the Act).\2\ Commerce received a notice of intent to participate in
this sunset review from the Florida Tomato Exchange (FTE) on February
15, 2018, within the applicable deadline specified in 19 CFR
351.218(d)(1)(i). The FTE claimed interested-party status under section
771(9)(E) of the Act as a trade or business association a majority of
whose members manufacture, produce, or wholesale a domestic like
product in the United States.
---------------------------------------------------------------------------
\2\ See Initiation of Five-Year (Sunset) Review, 83 FR 4641
(February 1, 2018) (Initiation).
---------------------------------------------------------------------------
On March 1, 2018, Commerce received a request from NatureSweet Ltd.
and its affiliates (collectively, NatureSweet) for a one-week extension
to the deadline prescribed in 19 CFR 351.218(d)(3) for submitting its
substantive response. On March 5, 2018, Commerce granted NatureSweet's
extension request, in accordance with 19 CFR 351.302(b), and extended
the deadline for substantives responses from all interested parties to
March 12, 2018. On March 12, 2018, Commerce received complete
substantive responses from NatureSweet, the FTE, and
Confederaci[oacute]n de Asociaciones Agricolas del Estado de Sinaloa,
A.C., Consejo Agricola de Baja California, A.C., Asociaci[oacute]n
Mexicana de Horticultura Protegida, A.C., Asociaci[oacute]n de
Productores de Hortalizas del Yaqui y Mayo, and Sistema Producto Tomate
(collectively, CAADES et al. or the Mexican growers).\3\ Both
NatureSweet and CAADES et al. claimed interested-party status under
section 771(9)(A) of the Act as a foreign manufacturer, producer, or
exporter, or the United States importer, of subject merchandise or a
trade or business association a majority of the members of which are
producers, exporters, or importers of such merchandise. On April 2,
2018, Commerce received rebuttal comments from the FTE and the Mexican
growers within the deadline specified in 19 CFR 351.218(d)(4).\4\
---------------------------------------------------------------------------
\3\ See Letters from NatureSweet, FTE, and Mexican growers,
dated March 12, 2018.
\4\ See Letters from the FTE and the Mexican Growers dated April
2, 2018.
---------------------------------------------------------------------------
On April 13, 2018, Commerce determined in accordance with 19 CFR
351.218(e)(1)(ii) that NatureSweet's and the Mexican signatories'
substantive responses met the requirements of 19 CFR 351.218(d)(3) and
thus constituted adequate responses to the notice of initiation.
Further, we found in accordance with 19 CRF 351.218(e)(1)(i) that the
domestic interested parties submitted an adequate response to the
notice of initiation. As a result, pursuant to section 751(c)(5)(A) of
the Act and 19 CFR 351.218(e)(2)(i), Commerce began conducting a full
sunset review of the suspended investigation on fresh tomatoes from
Mexico and notified the ITC of its intent to conduct a full sunset
review.\5\
---------------------------------------------------------------------------
\5\ See Letter from James C. Doyle to Michael Anderson entitled
``Sunset Reviews Initiated on February 1, 2018'' (April 13, 2018).
---------------------------------------------------------------------------
Scope of the Suspension Agreement
The merchandise subject to the suspension agreement 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 suspension agreement, 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 suspension 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 Suspension Agreement.
Tomatoes imported from Mexico covered by this suspension agreement
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.
Analysis of Comments Received
All issues raised for the preliminary results of this sunset review
are addressed in the Preliminary Decision Memorandum.\6\ The
Preliminary Decision Memorandum is a public document and is on file
electronically via the Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov and
in the Central Records Unit, Room B8024 of the main Department of
Commerce building. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly on the internet at https://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum
and the electronic version of the Preliminary Decision Memorandum are
identical in content.
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\6\ See Memorandum from Sally C. Gannon to Gary Taverman,
entitled ``Preliminary Decision Memorandum for the Fourth Sunset
Review of the 2013 Suspension Agreement on Fresh Tomatoes from
Mexico'' (Preliminary Decision Memorandum), dated concurrently with,
and hereby adopted by this notice.
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Preliminary Results of Review
Pursuant to section 752(c) of the Act, we determine that
termination of the suspended investigation on fresh tomatoes from
Mexico would be likely to lead to continuation or recurrence of dumping
at weighted-average margins up to 188.14 percent.
Interested parties may submit case briefs no later than 30 days
after the date of publication of the preliminary results of this full
sunset review, in accordance with 19 CFR 351.309(c)(1)(i). Rebuttal
briefs, which must be limited to issues raised in the case briefs, may
be filed not later than five days after the time limit for filing case
briefs in accordance with 19 CFR 351.309(d). Any interested party may
request a hearing within 30 days of publication of this notice in
accordance with 19 CFR 351.310(c). If a request for
[[Page 43644]]
a hearing is made, Commerce intends to hold the hearing at the U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230, at a date and time to be determined. Commerce will issue a
notice of final results of this full sunset review, which will include
the results of its analysis of issues raised in any such comments, no
later than October 1, 2018.
This five-year (sunset) review and notice are in accordance with
sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR
351.218(f)(1).
Dated: August 21, 2018.
Gary Taverman
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-18436 Filed 8-24-18; 8:45 am]
BILLING CODE 3510-DS-P
