Fresh Tomatoes From Mexico: Final Determination of Sales at Less Than Fair Value, 57401-57403 [2019-23341]
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Federal Register / Vol. 84, No. 207 / Friday, October 25, 2019 / Notices
administrative review of the
antidumping duty order on small
diameter carbon and alloy seamless
standard, line, and pressure pipe (under
41⁄2 inches) from Japan with respect to
Denka, Ebara, JFE Steel, Kaneka,
Kawasaki Steel, Maruichi, Metal One,
N&S, Nippon Steel, NKK, Okaya,
Sumitomo Corp., Sumitomo Metal,
Taiheiyo, V&C, Vallourec Solucoes, and
Yamashin.3 On September 4, 2019, U.S.
Steel withdrew its request for an
administrative review with respect to all
of the companies for which it had
requested a review.4
Rescission of Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the party or parties that
requested a review withdraws the
request within 90 days of the
publication date of the notice of
initiation of the requested review. U.S.
Steel withdrew its request for review of
Denka, Ebara, JFE Steel, Kaneka,
Kawasaki Steel, Maruichi, Metal One,
N&S, Nippon Steel, NKK, Okaya,
Sumitomo Corp., Sumitomo Metal,
Taiheiyo, V&C, Vallourec Solucoes, and
Yamashin. U.S. Steel withdrew its
request within 90 days of the
publication date of the notice of
initiation. No other parties requested an
administrative review of the order.
Therefore, in accordance with 19 CFR
351.213(d)(1), we are rescinding this
review in its entirety.
Assessment
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
antidumping duties on all appropriate
entries of small diameter carbon and
alloy seamless standard, line, and
pressure pipe (under 41⁄2 inches) from
Japan. Antidumping duties shall be
assessed at rates equal to the cash
deposit of estimated antidumping duties
required at the time of entry, or
withdrawal from warehouse, for
consumption in accordance with 19
CFR 351.212(c)(1)(i). Commerce intends
to issue appropriate assessment
instructions to CBP 15 days after the
date of publication of this notice in the
Federal Register.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
36572 (July 29, 2019).
4 See letter from U.S. Steel, ‘‘Carbon and Alloy
Seamless Standard, Line, and Pressure Pipe (Under
4.5 Inches) from Japan: Withdrawal of Request for
Administrative Review of Antidumping Duty
Order,’’ dated September 24, 2019.
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Notification to Importers
This notice serves as a reminder to
importers of their responsibility under
19 CFR 351.42(f)(2) to file a certificate
regarding the reimbursement of AD
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of AD
duties occurred and the subsequent
assessment of doubled AD duties.
Notification Regarding Administrative
Protective Orders
This notice also serves as a reminder
to all parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
This notice is issues and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR
351.213(d)(4).
Dated: October 21, 2019.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2019–23339 Filed 10–24–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–820]
Fresh Tomatoes From Mexico: Final
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that fresh
tomatoes from Mexico are being, or are
likely to be, sold in the United States at
less than fair value (LTFV). The final
estimated weighted-average dumping
margins are listed below in the ‘‘Final
Determination’’ section of this notice.
DATES: Applicable October 25, 2019.
FOR FURTHER INFORMATION CONTACT:
Yang Jin Chun or Hermes Pinilla, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
AGENCY:
PO 00000
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57401
(202) 482–5760 and (202) 482–3477,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 7, 2019, Commerce
terminated the 2013 Suspension
Agreement 1 on fresh tomatoes from
Mexico and continued the LTFV
investigation of fresh tomatoes from
Mexico.2 The original period of
investigation was March 1, 1995
through February 29, 1996. Due to the
unusual procedural posture of this
proceeding, in which we terminated a
suspension agreement and continued an
investigation that covers a period of
investigation that dates back more than
23 years, Commerce determined to
request information corresponding to
the most recent four full quarters, i.e.,
April 1, 2018 through March 31, 2019.3
Based on the unusual procedural
posture, we also found it appropriate to
reconsider respondent selection.4 On
May 24, 2019, we selected Bioparques
de Occidente, S.A. de C.V. (Bioparques),
Ceuta Produce, S.A. de C.V. (Ceuta), and
Negocio Agricola San Enrique, S.A. de
C.V. (San Enrique) for individual
examination in this continued
investigation.5 On July 23, 2019,
Commerce issued the post-preliminary
decision based on the information
requested from, and provided by,
Bioparques, Ceuta, and San Enrique.6
Commerce received case and rebuttal
briefs on August 30, 2019, and
September 4, 2019, respectively.7
1 See Fresh Tomatoes From Mexico: Suspension
of Antidumping Investigation, 78 FR 14967 (March
8, 2013) (2013 Suspension Agreement).
2 See Fresh Tomatoes From Mexico: Termination
of Suspension Agreement, Rescission of
Administrative Review, and Continuation of the
Antidumping Duty Investigation, 84 FR 20858 (May
13, 2019) (Continuation Notice).
3 Id., 84 FR at 20860–61.
4 Id., 84 FR at 20861.
5 See Memorandum, ‘‘Less-Than-Fair-Value
Investigation of Fresh Tomatoes from Mexico:
Respondent Selection,’’ dated May 24, 2019.
6 See Memorandum, ‘‘Post-Preliminary Decision
Memorandum in the Less-Than-Fair-Value
Investigation of Fresh Tomatoes from Mexico,’’
dated July 23, 2019 (Post-Preliminary Decision).
7 See Florida Tomato Exchange’s Case Brief dated
August 30, 2019, the Mexican Respondents’ Case
Brief dated August 30, 2019, Red Sun Farms’
Redacted Case Brief dated September 11, 2019,
Florida Tomato Exchange’s Rebuttal Brief dated
September 4, 2019, and the Mexican Respondents’
Rebuttal Brief dated September 4, 2019. Red Sun
Farms submitted its original case brief on August
30, 2019, which we rejected on September 9, 2019,
for containing untimely filed new factual
information. See Commerce’s Letter to Red Sun
Farms dated September 9, 2019. Red Sun Farms
submitted its partially redacted case brief on
September 11, 2019.
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Federal Register / Vol. 84, No. 207 / Friday, October 25, 2019 / Notices
Continuation of Investigation
On September 19, 2019, Commerce
and representatives of the signatory
producers/exporters accounting for
substantially all imports of fresh
tomatoes from Mexico signed an
agreement to suspend this investigation
(the 2019 Agreement).8 On October 11,
2019, the Florida Tomato Exchange, a
member of the U.S. petitioning industry,
timely requested that Commerce
continue this investigation.9 On October
15, 2019, Red Sun Farms also timely
requested that Commerce continue this
investigation.10 Commerce has
continued and completed this
investigation in accordance with section
734(g) of the Tariff Act of 1930, as
amended (the Act).
Scope of the Investigation
For a complete description of the
scope of this investigation, see the
‘‘Scope of the Investigation’’ in
Appendix I of this notice.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this
investigation are addressed in the Issues
and Decision Memorandum, which is
hereby adopted by this notice.12 A list
of the issues raised is attached to this
notice as Appendix II. The Issues and
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://
8 See Fresh Tomatoes From Mexico: Suspension
of Antidumping Duty Investigation, 84 FR 49987
(September 24, 2019) (2019 Suspension Agreement).
9 See Florida Tomato Exchange’s Letter, ‘‘Fresh
Tomatoes from Mexico: Request to Continue
Suspended Less Than Fair Value Investigation,’’
dated October 11, 2019. Florida Tomato Exchange
is a member of the petitioning group that filed the
petition in this investigation. See Initiation of
Antidumping Duty Investigation: Fresh Tomatoes
From Mexico, 61 FR 18377 (April 25, 1996).
10 See Red Sun Farms’ Letter, ‘‘Request to
Continue Suspended Antidumping Duty
Investigation,’’ dated October 15, 2019.
11 See Post-Preliminary Decision at 4–5.
12 See Memorandum, ‘‘Fresh Tomatoes from
Mexico: Issues and Decision Memorandum for the
Final Determination of Sales at the Less Than Fair
Value,’’ dated concurrently with this notice (Issues
and Decision Memorandum).
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Verification
As provided in section 782(i) of the
Act, in August 2019, Commerce verified
the sales and cost data reported by
Bioparques, Ceuta, and San Enrique. We
used standard verification procedures,
including an examination of relevant
accounting and production records, and
original source documents provided by
the respondents.
Changes Since the Post-Preliminary
Analysis
Scope Comments
In the post-preliminary decision, we
addressed comments concerning the
scope of this investigation.11 No party
filed comments in its case brief
concerning the scope of the
investigation. Therefore, we have made
no changes to the scope of the
investigation in the final determination.
VerDate Sep<11>2014
access.trade.gov and it is available to all
parties in the Central Records Unit,
room B–8024 of the main Commerce
building. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/
index.html. The signed Issues and
Decision Memorandum and the
electronic version are identical in
content.
Based on the respondents’
supplemental responses and revised
sales and cost databases, our findings at
verification, and our analysis of the
comments received, we made certain
changes to the margin calculations in
the post-preliminary decision. For a
discussion of these changes, see the
Issues and Decision Memorandum. We
have also revised the all-others rate.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that Commerce estimate the
weighted-average dumping margin for
all other producers or exporters not
subject to individual examination equal
to the weighted average of the estimated
weighted-average dumping margins of
the individually examined respondents,
excluding any rates that are zero, de
minimis, or based entirely on facts
available pursuant to section 776 of the
Act. For purposes of this final
determination, we are assigning 20.91
percent as the all-others rate, which is
based on the weighted average of the
estimated dumping margins calculated
for the three individually examined
respondents whose margins are above
de minimis in the continued
investigation.13
Final Determination
Commerce determines that the final
weighted-average dumping margins are
as follows:
13 See Memorandum, ‘‘Fresh Tomatoes from
Mexico: Final All-Others Rate,’’ dated concurrently
with this notice.
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Producer/exporter
Bioparques de Occidente, S.A.
de C.V./Agricola La
Primavera, S.A. de C.V.14 ......
Ceuta Produce, S.A. de C.V./
Rancho La Memoria, S. de
R.L. de C.V.15 .........................
Negocio Agricola San Enrique,
S.A. de C.V .............................
All Others ....................................
Weightedaverage
dumping
margin
(percent)
30.48
3.91
17.02
20.91
Disclosure
We intend to disclose the calculations
performed to interested parties within
five days of the public announcement of
this final determination consistent with
19 CFR 353.20(e) (1996).
Suspension of Liquidation
As noted above, on September 19,
2019, Commerce and representatives of
the signatory producers/exporters
accounting for substantially all imports
of fresh tomatoes from Mexico signed
the 2019 Agreement. Consistent with
section 734(h)(3) of the Act, the
suspension of liquidation ordered
following the May 7, 2019 continuation
of the investigation remained in effect.16
No interested party requested a review
of the suspension of the investigation by
the U.S. International Trade
Commission (ITC) under section 734(h)
of the Act. Therefore, in accordance
with section 734(h)(3) of the Act, and
because the 2019 Agreement remains in
force, Commerce is instructing U.S.
Customs and Border Protection to
terminate the suspension of liquidation
of all entries of fresh tomatoes from
Mexico, entered, or withdrawn from
warehouse, for consumption on or after
May 7, 2019, and to liquidate the entries
without regard to antidumping duties
(i.e., to refund any cash deposits and
release any bonds for such entries).
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the ITC of the
final affirmative determination of sales
14 In this investigation we have determined that
Bioparques de Occidente, S.A. de C.V. and Agricola
La Primavera, S.A. de C.V. are affiliated and should
be treated as a single entity. See Issues and Decision
Memorandum at 4–6.
15 In this investigation we have determined that
Ceuta Produce, S.A. de C.V. and Rancho La
Memoria, S. de R.L. de C.V. are affiliated and
should be treated as a single entity. See Issues and
Decision Memorandum at 4–6.
16 See 2019 Suspension Agreement, 84 FR at
49989 (‘‘The suspension of liquidation ordered
following the May 7, 2019 continuation of the
investigation shall continue to be in effect, subject
to section 734(h)(3) of the Act.’’).
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Federal Register / Vol. 84, No. 207 / Friday, October 25, 2019 / Notices
at LTFV. Because the final
determination in this investigation is
affirmative, in accordance with section
735(b)(2) of the Act, the ITC will make
its final determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
fresh tomatoes from Mexico no later
than 45 days after our final
determination. If the ITC determines
that material injury or threat of material
injury does not exist, the 2019
Agreement will have no force or effect,
and the investigation will be
terminated.17 If the ITC determines that
material injury or threat of material
injury does exist, the 2019 Agreement
shall remain in force. Commerce will
not issue an antidumping duty order so
long as: (1) The 2019 Agreement
remains in force; (2) the 2019
Agreement continues to meet the
requirements of sections 734(c) and (d)
of the Act; and (3) the parties to the
2019 Agreement carry out their
obligations under the 2019 Agreement
in accordance with its terms.18
Notification Regarding Administrative
Protective Orders
This notice serves as a reminder to
parties subject to an Administrative
Protective Order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3).19 Timely
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a violation subject to sanction.
This determination and this notice are
issued and published pursuant to
sections 735(d) and 777(i)(1) of the Act.
Dated: October 21, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
Scope of the Investigation
The merchandise subject to the
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
suspended 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
17 See
section 734(f)(3)(A) of the Act.
section 734(f)(3)(B) of the Act.
19 See Continuation Notice, 84 FR at 20861
(stating that the procedures in 19 CFR 351.305
apply to this continued investigation).
18 See
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18:04 Oct 24, 2019
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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 the investigation.
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 subheading of the Harmonized
Tariff Schedule 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 disposition.
57403
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XR047
Marine Mammals; File No. 23169
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application.
AGENCY:
Notice is hereby given that
Red Rock Films, 625 Sligo Avenue,
Silver Spring, MD 20910 (Responsible
Party: Brian Armstrong), has applied in
due form for a permit to conduct
commercial or educational photography
Appendix II
on marine mammals.
List of Topics Discussed in the Issues and
DATES: Written, telefaxed, or email
Decision Memorandum
comments must be received on or before
I. Summary
November 25, 2019.
II. Background
ADDRESSES
: These documents are
III. Scope of the Investigation
available upon written request or by
IV. Scope Comments
appointment in the Permits and
V. Affiliation and Collapsing
VI. Changes Since the Post-Preliminary
Conservation Division, Office of
Decision
Protected Resources, NMFS, 1315 EastVII. Discussion of the Issues
West Highway, Room 13705, Silver
A. Procedural Issues
Spring, MD 20910; phone (301) 427–
Comment 1: Basis for the Continued
8401; fax (301) 713–0376.
Investigation
Written comments on this application
Comment 2: Respondent Selection
should be submitted to the Chief,
Comment 3: Due Process
B. General Calculation Issues
Permits and Conservation Division, at
Comment 4: Time Period in the Differential the address listed above. Comments may
Pricing Analysis
also be submitted by facsimile to (301)
Comment 5: Comparison of U.S. Prices to
713–0376, or by email to
Normal Values on a Monthly Basis
NMFS.Pr1Comments@noaa.gov. Please
Comment 6: Product Matching by Tomato
include the File No. in the subject line
Type
of the email comment.
C. Bioparques
Those individuals requesting a public
Comment 7: Bioparques’ High-Priced
Home Market Sales
hearing should submit a written request
Comment 8: Offsets to La Primavera’s
to the Chief, Permits and Conservation
General and Administrative Expenses
Division at the address listed above. The
Comment 9: Packing Labor and Overhead
request should set forth the specific
Costs
reasons why a hearing on this
Comment 10: Interest Income Offsets
application would be appropriate.
Comment 11: Adjustment to Roma
Production Quantities
FOR FURTHER INFORMATION CONTACT:
D. Ceuta
Shasta McClenahan or Amy Hapeman,
Comment 12: Ceuta’s Home Market and
(301) 427–8401.
U.S. Sales Prices
SUPPLEMENTARY
INFORMATION: The
Comment 13: Ceuta’s Packing Cost
subject permit is requested under the
Methodology
Comment 14: Ceuta’s Missing U.S. Packing authority of the Marine Mammal
Protection Act of 1972, as amended
Costs
Comment 15: Ceuta’s Home Market
(MMPA; 16 U.S.C. 1361 et seq.), and the
Discounts
regulations governing the taking and
E. San Enrique
importing of marine mammals (50 CFR
Comment 16: San Enrique’s Affiliation
part 216).
Comment 17: San Enrique’s U.S.
The applicant proposes to film marine
Commission
mammals in Antarctica to obtain footage
Comment 18: San Enrique’s Packing Costs
for a National Geographic wildlife
F. All-Others Rate and Cash Deposit Rate
documentary focusing on social bonds
Comment 19: All-Others Rate
Comment 20: Red Sun Farms’ Cash Deposit and the complex communications that
Rate
exist among cetaceans. Up to 150
VIII. Recommendation
humpback whales (Megaptera
[FR Doc. 2019–23341 Filed 10–24–19; 8:45 am]
novaeangliae) and 100 killer whales
(Orcinus orca) will be targeted over life
BILLING CODE 3510–DS–P
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SUMMARY:
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]]>Agencies
[Federal Register Volume 84, Number 207 (Friday, October 25, 2019)]
[Notices]
[Pages 57401-57403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23341]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-820]
Fresh Tomatoes From Mexico: Final Determination of Sales at Less
Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that fresh
tomatoes from Mexico are being, or are likely to be, sold in the United
States at less than fair value (LTFV). The final estimated weighted-
average dumping margins are listed below in the ``Final Determination''
section of this notice.
DATES: Applicable October 25, 2019.
FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Hermes Pinilla, AD/
CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-5760 and (202)
482-3477, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 7, 2019, Commerce terminated the 2013 Suspension Agreement
\1\ on fresh tomatoes from Mexico and continued the LTFV investigation
of fresh tomatoes from Mexico.\2\ The original period of investigation
was March 1, 1995 through February 29, 1996. Due to the unusual
procedural posture of this proceeding, in which we terminated a
suspension agreement and continued an investigation that covers a
period of investigation that dates back more than 23 years, Commerce
determined to request information corresponding to the most recent four
full quarters, i.e., April 1, 2018 through March 31, 2019.\3\ Based on
the unusual procedural posture, we also found it appropriate to
reconsider respondent selection.\4\ On May 24, 2019, we selected
Bioparques de Occidente, S.A. de C.V. (Bioparques), Ceuta Produce, S.A.
de C.V. (Ceuta), and Negocio Agricola San Enrique, S.A. de C.V. (San
Enrique) for individual examination in this continued investigation.\5\
On July 23, 2019, Commerce issued the post-preliminary decision based
on the information requested from, and provided by, Bioparques, Ceuta,
and San Enrique.\6\ Commerce received case and rebuttal briefs on
August 30, 2019, and September 4, 2019, respectively.\7\
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\1\ See Fresh Tomatoes From Mexico: Suspension of Antidumping
Investigation, 78 FR 14967 (March 8, 2013) (2013 Suspension
Agreement).
\2\ See Fresh Tomatoes From Mexico: Termination of Suspension
Agreement, Rescission of Administrative Review, and Continuation of
the Antidumping Duty Investigation, 84 FR 20858 (May 13, 2019)
(Continuation Notice).
\3\ Id., 84 FR at 20860-61.
\4\ Id., 84 FR at 20861.
\5\ See Memorandum, ``Less-Than-Fair-Value Investigation of
Fresh Tomatoes from Mexico: Respondent Selection,'' dated May 24,
2019.
\6\ See Memorandum, ``Post-Preliminary Decision Memorandum in
the Less-Than-Fair-Value Investigation of Fresh Tomatoes from
Mexico,'' dated July 23, 2019 (Post-Preliminary Decision).
\7\ See Florida Tomato Exchange's Case Brief dated August 30,
2019, the Mexican Respondents' Case Brief dated August 30, 2019, Red
Sun Farms' Redacted Case Brief dated September 11, 2019, Florida
Tomato Exchange's Rebuttal Brief dated September 4, 2019, and the
Mexican Respondents' Rebuttal Brief dated September 4, 2019. Red Sun
Farms submitted its original case brief on August 30, 2019, which we
rejected on September 9, 2019, for containing untimely filed new
factual information. See Commerce's Letter to Red Sun Farms dated
September 9, 2019. Red Sun Farms submitted its partially redacted
case brief on September 11, 2019.
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[[Page 57402]]
Continuation of Investigation
On September 19, 2019, Commerce and representatives of the
signatory producers/exporters accounting for substantially all imports
of fresh tomatoes from Mexico signed an agreement to suspend this
investigation (the 2019 Agreement).\8\ On October 11, 2019, the Florida
Tomato Exchange, a member of the U.S. petitioning industry, timely
requested that Commerce continue this investigation.\9\ On October 15,
2019, Red Sun Farms also timely requested that Commerce continue this
investigation.\10\ Commerce has continued and completed this
investigation in accordance with section 734(g) of the Tariff Act of
1930, as amended (the Act).
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\8\ See Fresh Tomatoes From Mexico: Suspension of Antidumping
Duty Investigation, 84 FR 49987 (September 24, 2019) (2019
Suspension Agreement).
\9\ See Florida Tomato Exchange's Letter, ``Fresh Tomatoes from
Mexico: Request to Continue Suspended Less Than Fair Value
Investigation,'' dated October 11, 2019. Florida Tomato Exchange is
a member of the petitioning group that filed the petition in this
investigation. See Initiation of Antidumping Duty Investigation:
Fresh Tomatoes From Mexico, 61 FR 18377 (April 25, 1996).
\10\ See Red Sun Farms' Letter, ``Request to Continue Suspended
Antidumping Duty Investigation,'' dated October 15, 2019.
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Scope of the Investigation
For a complete description of the scope of this investigation, see
the ``Scope of the Investigation'' in Appendix I of this notice.
Scope Comments
In the post-preliminary decision, we addressed comments concerning
the scope of this investigation.\11\ No party filed comments in its
case brief concerning the scope of the investigation. Therefore, we
have made no changes to the scope of the investigation in the final
determination.
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\11\ See Post-Preliminary Decision at 4-5.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are addressed in the Issues and Decision Memorandum,
which is hereby adopted by this notice.\12\ A list of the issues raised
is attached to this notice as Appendix II. The Issues and 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 it is available to all
parties in the Central Records Unit, room B-8024 of the main Commerce
building. In addition, a complete version of the Issues and Decision
Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the
electronic version are identical in content.
---------------------------------------------------------------------------
\12\ See Memorandum, ``Fresh Tomatoes from Mexico: Issues and
Decision Memorandum for the Final Determination of Sales at the Less
Than Fair Value,'' dated concurrently with this notice (Issues and
Decision Memorandum).
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Verification
As provided in section 782(i) of the Act, in August 2019, Commerce
verified the sales and cost data reported by Bioparques, Ceuta, and San
Enrique. We used standard verification procedures, including an
examination of relevant accounting and production records, and original
source documents provided by the respondents.
Changes Since the Post-Preliminary Analysis
Based on the respondents' supplemental responses and revised sales
and cost databases, our findings at verification, and our analysis of
the comments received, we made certain changes to the margin
calculations in the post-preliminary decision. For a discussion of
these changes, see the Issues and Decision Memorandum. We have also
revised the all-others rate.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that Commerce estimate the
weighted-average dumping margin for all other producers or exporters
not subject to individual examination equal to the weighted average of
the estimated weighted-average dumping margins of the individually
examined respondents, excluding any rates that are zero, de minimis, or
based entirely on facts available pursuant to section 776 of the Act.
For purposes of this final determination, we are assigning 20.91
percent as the all-others rate, which is based on the weighted average
of the estimated dumping margins calculated for the three individually
examined respondents whose margins are above de minimis in the
continued investigation.\13\
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\13\ See Memorandum, ``Fresh Tomatoes from Mexico: Final All-
Others Rate,'' dated concurrently with this notice.
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Final Determination
Commerce determines that the final weighted-average dumping margins
are as follows:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Bioparques de Occidente, S.A. de C.V./Agricola La Primavera, 30.48
S.A. de C.V.\14\...........................................
Ceuta Produce, S.A. de C.V./Rancho La Memoria, S. de R.L. de 3.91
C.V.\15\...................................................
Negocio Agricola San Enrique, S.A. de C.V................... 17.02
All Others.................................................. 20.91
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Disclosure
We intend to disclose the calculations performed to interested
parties within five days of the public announcement of this final
determination consistent with 19 CFR 353.20(e) (1996).
Suspension of Liquidation
As noted above, on September 19, 2019, Commerce and representatives
of the signatory producers/exporters accounting for substantially all
imports of fresh tomatoes from Mexico signed the 2019 Agreement.
Consistent with section 734(h)(3) of the Act, the suspension of
liquidation ordered following the May 7, 2019 continuation of the
investigation remained in effect.\16\ No interested party requested a
review of the suspension of the investigation by the U.S. International
Trade Commission (ITC) under section 734(h) of the Act. Therefore, in
accordance with section 734(h)(3) of the Act, and because the 2019
Agreement remains in force, Commerce is instructing U.S. Customs and
Border Protection to terminate the suspension of liquidation of all
entries of fresh tomatoes from Mexico, entered, or withdrawn from
warehouse, for consumption on or after May 7, 2019, and to liquidate
the entries without regard to antidumping duties (i.e., to refund any
cash deposits and release any bonds for such entries).
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\14\ In this investigation we have determined that Bioparques de
Occidente, S.A. de C.V. and Agricola La Primavera, S.A. de C.V. are
affiliated and should be treated as a single entity. See Issues and
Decision Memorandum at 4-6.
\15\ In this investigation we have determined that Ceuta
Produce, S.A. de C.V. and Rancho La Memoria, S. de R.L. de C.V. are
affiliated and should be treated as a single entity. See Issues and
Decision Memorandum at 4-6.
\16\ See 2019 Suspension Agreement, 84 FR at 49989 (``The
suspension of liquidation ordered following the May 7, 2019
continuation of the investigation shall continue to be in effect,
subject to section 734(h)(3) of the Act.'').
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International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
ITC of the final affirmative determination of sales
[[Page 57403]]
at LTFV. Because the final determination in this investigation is
affirmative, in accordance with section 735(b)(2) of the Act, the ITC
will make its final determination as to whether the domestic industry
in the United States is materially injured, or threatened with material
injury, by reason of imports of fresh tomatoes from Mexico no later
than 45 days after our final determination. If the ITC determines that
material injury or threat of material injury does not exist, the 2019
Agreement will have no force or effect, and the investigation will be
terminated.\17\ If the ITC determines that material injury or threat of
material injury does exist, the 2019 Agreement shall remain in force.
Commerce will not issue an antidumping duty order so long as: (1) The
2019 Agreement remains in force; (2) the 2019 Agreement continues to
meet the requirements of sections 734(c) and (d) of the Act; and (3)
the parties to the 2019 Agreement carry out their obligations under the
2019 Agreement in accordance with its terms.\18\
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\17\ See section 734(f)(3)(A) of the Act.
\18\ See section 734(f)(3)(B) of the Act.
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Notification Regarding Administrative Protective Orders
This notice serves as a reminder to parties subject to an
Administrative Protective Order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3).\19\ Timely notification of
the return or destruction of APO materials, or conversion to judicial
protective order, is hereby requested. Failure to comply with the
regulations and the terms of an APO is a violation subject to sanction.
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\19\ See Continuation Notice, 84 FR at 20861 (stating that the
procedures in 19 CFR 351.305 apply to this continued investigation).
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This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act.
Dated: October 21, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise subject to the 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 suspended 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 the investigation.
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 subheading of the Harmonized Tariff
Schedule 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 disposition.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Affiliation and Collapsing
VI. Changes Since the Post-Preliminary Decision
VII. Discussion of the Issues
A. Procedural Issues
Comment 1: Basis for the Continued Investigation
Comment 2: Respondent Selection
Comment 3: Due Process
B. General Calculation Issues
Comment 4: Time Period in the Differential Pricing Analysis
Comment 5: Comparison of U.S. Prices to Normal Values on a
Monthly Basis
Comment 6: Product Matching by Tomato Type
C. Bioparques
Comment 7: Bioparques' High-Priced Home Market Sales
Comment 8: Offsets to La Primavera's General and Administrative
Expenses
Comment 9: Packing Labor and Overhead Costs
Comment 10: Interest Income Offsets
Comment 11: Adjustment to Roma Production Quantities
D. Ceuta
Comment 12: Ceuta's Home Market and U.S. Sales Prices
Comment 13: Ceuta's Packing Cost Methodology
Comment 14: Ceuta's Missing U.S. Packing Costs
Comment 15: Ceuta's Home Market Discounts
E. San Enrique
Comment 16: San Enrique's Affiliation
Comment 17: San Enrique's U.S. Commission
Comment 18: San Enrique's Packing Costs
F. All-Others Rate and Cash Deposit Rate
Comment 19: All-Others Rate
Comment 20: Red Sun Farms' Cash Deposit Rate
VIII. Recommendation
[FR Doc. 2019-23341 Filed 10-24-19; 8:45 am]
BILLING CODE 3510-DS-P
