Agreement Suspending the Antidumping Duty Investigation on Fresh Tomatoes From Mexico: Final Results of the 2020-2021 Administrative Review, 15375-15376 [2023-05092]

Download as PDF Federal Register / Vol. 88, No. 48 / Monday, March 13, 2023 / Notices On January 23, 2023, Commerce extended the deadline for the final results to March 6, 2023.4 DEPARTMENT OF COMMERCE International Trade Administration [A–201–820] Agreement Suspending the Antidumping Duty Investigation on Fresh Tomatoes From Mexico: Final Results of the 2020–2021 Administrative Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that the respondents selected for individual examination, respectively, International Greenhouse Produce, S.A. de C.V. (IGP) and Negocio Agricola San Enrique, S.A. de C.V. (NASE) (collectively, respondents), were in compliance with the terms of the 2019 Agreement Suspending the Antidumping Duty Investigation on Fresh Tomatoes from Mexico (2019 Agreement) during the period of review (POR) from September 1, 2020, through August 31, 2021, except for certain instances of inadvertent or inconsequential noncompliance. Commerce also determines that the 2019 Agreement met the applicable statutory requirements during the POR. DATES: Applicable March 13, 2023. FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or David Cordell, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0162 or (202) 482–0408, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On October 7, 2022, Commerce published the Preliminary Results of this administrative review.1 On November 7, 2022, a member of the U.S. petitioning industry, the Florida Tomato Exchange (FTE), and IGP filed case briefs.2 On November 18, 2022, FTE filed a rebuttal brief and the respondents filed a joint rebuttal brief.3 ddrumheller on DSK120RN23PROD with NOTICES1 1 See Agreement Suspending the Antidumping Duty Investigation on Fresh Tomatoes from Mexico; Preliminary Results of 2020–2021 Administrative Review, 87 FR 60994 (October 7, 2022) (Preliminary Results). 2 See FTE’s Letter, ‘‘Case Brief on Behalf of the Florida Tomato Exchange,’’ dated November 7, 2022; IGP’s Letter, ‘‘Case Brief of International Greenhouse Produce, S.A. de C.V.,’’ dated November 7, 2022. 3 See FTE’s Letter, ‘‘Rebuttal Brief on Behalf of the Florida Tomato Exchange,’’ dated November 18, 2022; Respondents’ Letter, ‘‘Rebuttal Brief of International Greenhouse Produce, S.A. de C.V. and Negocio Agricola San Enrique S.A. de C.V.,’’ dated November 18, 2022. VerDate Sep<11>2014 19:32 Mar 10, 2023 Jkt 259001 Scope of 2019 Agreement The merchandise subject to this 2019 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 2019 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. In Appendix F of this 2019 Agreement, Commerce has outlined the procedure that Signatories must follow for selling subject merchandise for processing. 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 2019 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 2019 Agreement. Tomatoes imported from Mexico covered by this 2019 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 this HTSUS number is provided for convenience and customs purposes, the written description of the scope of this Agreement is dispositive. A full description of the scope of the order is also contained in the Issues and Decision Memorandum.5 Analysis Commerce continues to find, based on record evidence, that the selected respondents, IGP and NASE, were generally in compliance with the terms of the 2019 Agreement during the POR, with the exception of certain inconsequential or inadvertent noncompliance. We intend to consult with the Signatories to the 2019 Agreement under Section VII.G (Operations Consultations) to address the non4 See Memorandum, ‘‘Extension of Deadline for Final Results of the Administrative Review of the Agreement Suspending the Antidumping Duty Investigation on Fresh Tomatoes from Mexico (2019 Agreement),’’ dated January 23, 2023. 5 See Memorandum, ‘‘Decision Memorandum for the Final Results of the 2020–2021 Administrative Review: Fresh Tomatoes from Mexico,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 15375 compliance identified in the review. Overall, Commerce finds that there have been no material or consequential violations of the 2019 Agreement by the selected respondents during the POR. We also determine that the 2019 Agreement is preventing price suppression or undercutting and can be effectively monitored. The issues raised in the case and rebuttal briefs are addressed in the accompanying Issues and Decision Memorandum and business proprietary memorandum.6 The issues are identified in the Appendix to this notice. 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. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Notification Regarding Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written 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 terms of an APO is a sanctionable violation. Notification to Interested Parties We are issuing and publishing these results of review in accordance with sections 751(a)(l) and 777(i)(l) of the Act and 19 CFR 351.213 and 19 CFR 351.221(b)(5). Dated: March 6, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix Issues and Decision Memorandum I. Summary II. Scope of the Agreement III. Background IV. Discussion of the Issues 1. Calculation Methodology for Analysis of Compliance With Section VI of the 2019 Agreement 6 Id.; see also Memorandum, ‘‘Final Analysis of Proprietary Information and Argument Regarding International Greenhouse Produce, S.A. de C.V.,’’ dated concurrently with, and hereby adopted by, this notice. E:\FR\FM\13MRN1.SGM 13MRN1 15376 Federal Register / Vol. 88, No. 48 / Monday, March 13, 2023 / Notices 2. Classification of Certain U.S. Sales 3. Alleged Violations of the 2019 Agreement and Requests for Enforcement 4. Reporting Regarding Certain Transactions 5. Adjustments Under Appendix D Based on an Inspection Requested by a Downstream Customer 6. Request for Collection of Cost Data in Future Reviews V. Recommendation [FR Doc. 2023–05092 Filed 3–10–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Evaluation of Guam Coastal Management Program; Notice of Public Meeting; Request for Comments Office for Coastal Management, National Ocean Service, National Oceanic and Atmospheric Administration, Department of Commerce. ACTION: Notice of public meeting and opportunity to comment. AGENCY: The National Oceanic and Atmospheric Administration (NOAA), Office for Coastal Management, will hold an in-person public meeting to solicit input on the performance evaluation of the Guam Coastal Management Program. NOAA also invites the public to submit written comments. DATES: NOAA will hold an in-person public meeting will be held on Wednesday, May 10, 2023, at 5:30 p.m. Chamorro Standard Time (CHST). NOAA will consider all relevant written comments received by Friday, May 19, 2023. ADDRESSES: Comments may be submitted by one of the following methods: In-Person Public Meeting: Provide oral comments during the in-person public meeting on Wednesday, May 10, 2023, at 5:30 p.m. CHST at the Hagat Mayor’s Office, 393 Route 2, Hagat, Guam, 96915. Email: Send written comments to Ralph Cantral, Evaluator, NOAA Office SUMMARY: for Coastal Management, at Ralph.Cantral@noaa.gov. Include ‘‘Comments on Performance Evaluation of the Guam Coastal Management Program’’ in the subject line of the message. NOAA will accept anonymous comments, however, the written comments received are considered part of the public record, and the entirety of the comment, including the name of the commenter, email address, attachments, and other supporting materials, will be publicly accessible. Sensitive personally identifiable information, such as account numbers and Social Security numbers should not be included with the comment. Comments that are not related to the performance evaluation of the Guam Coastal Management Program or that contain profanity, vulgarity, threats, or other inappropriate language will not be considered. FOR FURTHER INFORMATION CONTACT: Ralph Cantral, Evaluator, NOAA Office for Coastal Management, by email at Ralph.Cantral@noaa.gov or by phone at (843) 474–1357. Copies of the previous evaluation findings, and Assessment and Strategies may be viewed and downloaded at https://coast.noaa.gov/ czm/evaluations/. A copy of the evaluation notification letter and most recent progress report may be obtained upon request by contacting Ralph Cantral. Section 312 of the Coastal Zone Management Act (CZMA) requires NOAA to conduct periodic evaluations of federally approved coastal management programs. The evaluation process includes holding one or more public meetings, considering public comments, and consulting with interested Federal, State, and local agencies and members of the public. During the evaluation, NOAA will consider the extent to which the Territory of Guam has met the national objectives, adhered to the management program approved by the Secretary of Commerce, and adhered to the terms of financial assistance under the CZMA. When the evaluation is complete, NOAA’s Office for Coastal Management will place a notice in the SUPPLEMENTARY INFORMATION: Federal Register announcing the availability of the final evaluation findings. Keelin Kuipers, Deputy Director, Office for Coastal Management, National Ocean Service, National Oceanic and Atmospheric Administration. [FR Doc. 2023–05019 Filed 3–10–23; 8:45 am] BILLING CODE 3510–JE–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XC831] Marine Mammals and Endangered Species National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: Notice; issuance of permits and permit amendments. ACTION: Notice is hereby given that permits and permit amendments have been issued to the following entities under the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA), as applicable. SUMMARY: The permits and related documents are available for review upon written request via email to NMFS.Pr1Comments@noaa.gov. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Jennifer Skidmore (Permit No. 27079) and Amy Hapeman (Permit No. 23644– 02); at (301) 427–8401. Notices were published in the Federal Register on the dates listed below that requests for a permit or permit amendment had been submitted by the below-named applicants. To locate the Federal Register notice that announced our receipt of the application and a complete description of the activities, go to www.federalregister.gov and search on the permit number provided in Table 1 below. SUPPLEMENTARY INFORMATION: ddrumheller on DSK120RN23PROD with NOTICES1 TABLE 1—ISSUED PERMITS AND PERMIT AMENDMENTS Permit No. RTID Applicant Previous Federal Register notice 23644–02 .......... 0648–XC603 .... 27079 ................ 0648–XC636 ..... Iain Kerr, D.H.L., Ocean Alliance, 32 Horton Street, Gloucester, MA 01930. Cantata Bio, 100 Enterprise Way, Suite A10, Scotts Valley, CA 95066 (Responsible Party: Jordan Zhang). 87 FR 77077, December 16, 2022. 87 FR 80526, December 30, 2022. VerDate Sep<11>2014 19:32 Mar 10, 2023 Jkt 259001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\13MRN1.SGM 13MRN1 Issuance date February 23, 2023. February 16, 2023.

Agencies

[Federal Register Volume 88, Number 48 (Monday, March 13, 2023)]
[Notices]
[Pages 15375-15376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05092]



[[Page 15375]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-820]


Agreement Suspending the Antidumping Duty Investigation on Fresh 
Tomatoes From Mexico: Final Results of the 2020-2021 Administrative 
Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that the 
respondents selected for individual examination, respectively, 
International Greenhouse Produce, S.A. de C.V. (IGP) and Negocio 
Agricola San Enrique, S.A. de C.V. (NASE) (collectively, respondents), 
were in compliance with the terms of the 2019 Agreement Suspending the 
Antidumping Duty Investigation on Fresh Tomatoes from Mexico (2019 
Agreement) during the period of review (POR) from September 1, 2020, 
through August 31, 2021, except for certain instances of inadvertent or 
inconsequential noncompliance. Commerce also determines that the 2019 
Agreement met the applicable statutory requirements during the POR.

DATES: Applicable March 13, 2023.

FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or David Cordell, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-0162 or (202) 482-0408, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 7, 2022, Commerce published the Preliminary Results of 
this administrative review.\1\ On November 7, 2022, a member of the 
U.S. petitioning industry, the Florida Tomato Exchange (FTE), and IGP 
filed case briefs.\2\ On November 18, 2022, FTE filed a rebuttal brief 
and the respondents filed a joint rebuttal brief.\3\ On January 23, 
2023, Commerce extended the deadline for the final results to March 6, 
2023.\4\
---------------------------------------------------------------------------

    \1\ See Agreement Suspending the Antidumping Duty Investigation 
on Fresh Tomatoes from Mexico; Preliminary Results of 2020-2021 
Administrative Review, 87 FR 60994 (October 7, 2022) (Preliminary 
Results).
    \2\ See FTE's Letter, ``Case Brief on Behalf of the Florida 
Tomato Exchange,'' dated November 7, 2022; IGP's Letter, ``Case 
Brief of International Greenhouse Produce, S.A. de C.V.,'' dated 
November 7, 2022.
    \3\ See FTE's Letter, ``Rebuttal Brief on Behalf of the Florida 
Tomato Exchange,'' dated November 18, 2022; Respondents' Letter, 
``Rebuttal Brief of International Greenhouse Produce, S.A. de C.V. 
and Negocio Agricola San Enrique S.A. de C.V.,'' dated November 18, 
2022.
    \4\ See Memorandum, ``Extension of Deadline for Final Results of 
the Administrative Review of the Agreement Suspending the 
Antidumping Duty Investigation on Fresh Tomatoes from Mexico (2019 
Agreement),'' dated January 23, 2023.
---------------------------------------------------------------------------

Scope of 2019 Agreement

    The merchandise subject to this 2019 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 2019 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. In Appendix F of this 2019 Agreement, 
Commerce has outlined the procedure that Signatories must follow for 
selling subject merchandise for processing. 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 2019 
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 2019 Agreement. Tomatoes imported from Mexico covered by this 2019 
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 this HTSUS number is provided 
for convenience and customs purposes, the written description of the 
scope of this Agreement is dispositive.
    A full description of the scope of the order is also contained in 
the Issues and Decision Memorandum.\5\
---------------------------------------------------------------------------

    \5\ See Memorandum, ``Decision Memorandum for the Final Results 
of the 2020-2021 Administrative Review: Fresh Tomatoes from 
Mexico,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Analysis

    Commerce continues to find, based on record evidence, that the 
selected respondents, IGP and NASE, were generally in compliance with 
the terms of the 2019 Agreement during the POR, with the exception of 
certain inconsequential or inadvertent non-compliance. We intend to 
consult with the Signatories to the 2019 Agreement under Section VII.G 
(Operations Consultations) to address the non-compliance identified in 
the review. Overall, Commerce finds that there have been no material or 
consequential violations of the 2019 Agreement by the selected 
respondents during the POR. We also determine that the 2019 Agreement 
is preventing price suppression or undercutting and can be effectively 
monitored.
    The issues raised in the case and rebuttal briefs are addressed in 
the accompanying Issues and Decision Memorandum and business 
proprietary memorandum.\6\ The issues are identified in the Appendix to 
this notice. 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. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \6\ Id.; see also Memorandum, ``Final Analysis of Proprietary 
Information and Argument Regarding International Greenhouse Produce, 
S.A. de C.V.,'' dated concurrently with, and hereby adopted by, this 
notice.
---------------------------------------------------------------------------

Notification Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 
written 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 terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    We are issuing and publishing these results of review in accordance 
with sections 751(a)(l) and 777(i)(l) of the Act and 19 CFR 351.213 and 
19 CFR 351.221(b)(5).

    Dated: March 6, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

Issues and Decision Memorandum

I. Summary
II. Scope of the Agreement
III. Background
IV. Discussion of the Issues
    1. Calculation Methodology for Analysis of Compliance With 
Section VI of the 2019 Agreement

[[Page 15376]]

    2. Classification of Certain U.S. Sales
    3. Alleged Violations of the 2019 Agreement and Requests for 
Enforcement
    4. Reporting Regarding Certain Transactions
    5. Adjustments Under Appendix D Based on an Inspection Requested 
by a Downstream Customer
    6. Request for Collection of Cost Data in Future Reviews
V. Recommendation

[FR Doc. 2023-05092 Filed 3-10-23; 8:45 am]
BILLING CODE 3510-DS-P
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