Agreement Suspending the Antidumping Duty Investigation on Fresh Tomatoes From Mexico; Preliminary Results of 2021-2022 Administrative Review, 69899-69901 [2023-22367]

Download as PDF Federal Register / Vol. 88, No. 194 / Tuesday, October 10, 2023 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 for OMB approval. All comments will also become a matter of public record. Copies of this information collection assessment can be obtained from Gina Kouba, Office of Policy and Program Development, Food Safety and Inspection Service, USDA, 1400 Independence Avenue SW, Mailstop 3758, South Building, Washington, DC 20250–3700; (202) 937–4272. 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The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (88 FR 38483, June 13, 2023). On October 4, 2023, the applicant was notified of the FTZ Board’s decision that no further review of the activity is warranted at this time. The production activity described in the notification was authorized, subject to the FTZ Act and the FTZ Board’s regulations, including section 400.14. Dated: October 4, 2023. Camille R. Evans, Acting Executive Secretary. [FR Doc. 2023–22411 Filed 10–6–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–201–820] Agreement Suspending the Antidumping Duty Investigation on Fresh Tomatoes From Mexico; Preliminary Results of 2021–2022 Administrative Review Enforcement & Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that the respondents selected for individual examination, Ceuta Produce S de R.L. de C.V. and its affiliate, Rancho la Memoria, S. de R.L. de C.V. (collectively, Ceuta) and Valores Horticolas Del Pacifico S.A. De C.V. (VALHPAC), complied with the Agreement Suspending the Antidumping Duty (AD) Investigation on Fresh Tomatoes from Mexico (2019 Agreement), for the period of review (POR) September 1, 2021, through August 31, 2022, except for certain instances of inconsequential and/or inadvertent noncompliance. We preliminarily determine that such AGENCY: E:\FR\FM\10OCN1.SGM 10OCN1 69900 Federal Register / Vol. 88, No. 194 / Tuesday, October 10, 2023 / Notices noncompliance does not materially frustrate the purposes of the 2019 Agreement. Commerce also preliminarily determines that the 2019 Agreement continued to meet the statutory requirements under sections 734(c) and (d) of the Tariff Act of 1930, as amended (the Act) during the POR. DATES: Applicable October 10, 2023. FOR FURTHER INFORMATION CONTACT: David Cordell or Walter C. Schaub, Enforcement & Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, telephone: (202) 482–0408 or (202) 482–0907, respectively. SUPPLEMENTARY INFORMATION: Background On September 19, 2019, Commerce signed an agreement under section 734(c) of the Act, with representatives of Mexican fresh tomato producers/ exporters accounting for substantially all imports of fresh tomatoes from Mexico,1 suspending the AD investigation on fresh tomatoes from Mexico.2 On September 29, 2022, the Florida Tomato Exchange (FTE), a member of the U.S. petitioning industry, filed a request for an administrative review of the 2019 Agreement. Commerce published notice of its initiation of the review on November 3, 2022.3 On January 30, 2022, Commerce selected mandatory respondents and issued questionnaires to two respondents, listed here in alphabetical order: Ceuta and VALHPAC.4 Scope of the 2019 Agreement ddrumheller on DSK120RN23PROD with NOTICES1 Merchandise covered by the 2019 Agreement is typically classified under the following subheading of the Harmonized Tariff Schedules of the United States (HTSUS), according to the season of importation: 0702. The tariff classification is provided for convenience and customs purposes; however, the written description of the 1 The Mexican Grower Associations include: Confederacio´n de Asociaciones Agrı´colas del Esta de Sinaloa, A.C., Consejo Agrı´cola de Baja California, Asociacio´n de Productores de Hortalizas del Yaqui y Mayo and Sistema Producto Tomate (collectively, Mexican Growers Associations). Members of the Mexican Grower Associations are Signatories to the 2019 Agreement (Mexican Signatories). 2 See Fresh Tomatoes from Mexico: Suspension of Antidumping Duty Investigation, 84 FR 49987 (September 24, 2019) (2019 Agreement). 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 66275 (November 3, 2022). 4 See Memorandum, ‘‘Respondent Selection,’’ dated January 30, 2023. VerDate Sep<11>2014 18:39 Oct 06, 2023 Jkt 262001 scope of this 2019 Agreement is dispositive.5 Methodology and Preliminary Results Commerce has conducted this review in accordance with section 751(a)(1)(C) of the Act, which specifies that Commerce shall ‘‘review the current status of, and compliance with, any agreement by reason of which an investigation was suspended.’’ In this case, Commerce and representatives of the Mexican tomato producers/exporters accounting for substantially all imports of fresh tomatoes from Mexico signed the 2019 Agreement, which suspended the underlying AD investigation, on September 19, 2019. Pursuant to the 2019 Agreement, the Mexican Signatories agreed to sell subject merchandise at or above certain minimum reference prices, and that their pricing would eliminate at least 85 percent of the dumping determined in the AD investigation.6 The Mexican signatories also agreed to other conditions, including quarterly audits,7 near-the-border inspections by the U.S. Department of Agriculture on all Round and Roma tomatoes and certain other types of tomatoes beginning on April 4, 2020,8 and limits to adjustments to the sales price due to certain changes in condition and quality after shipment.9 After reviewing the information received to date from the respondent companies in their questionnaire and supplemental questionnaire responses, we preliminarily determine that the respondents have adhered to the terms of the 2019 Agreement, except for certain instances of inconsequential and/or inadvertent noncompliance that do not materially frustrate the purposes of the 2019 Agreement. We also preliminarily determine that the 2019 Agreement functioned as intended and that the 2019 Agreement continued to meet the statutory requirements under sections 734(c) and (d) of the Act during the POR. For a full description of the analysis underlying our conclusions, see the Preliminary Decision Memorandum. Commerce examines issues involving the discussion of proprietary 5 For a complete description of the scope of the 2019 Agreement, see Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the 2021–2022 Administrative Review: Fresh Tomatoes from Mexico,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 6 See 2019 Agreement, 84 FR at section VI. 7 Id., 84 FR at section VII.B.7. 8 Id., 84 FR at section VII.C; see also Memorandum, ‘‘Frequently Asked Questions Regarding Inspections,’’ dated March 17, 2020. 9 See 2019 Agreement, 84 FR 49996, at Appendix D. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 information concerning each of the respondents in separate memoranda which we incorporate into the Preliminary Decision Memorandum.10 A list of topics discussed in the Preliminary Decision Memorandum is included as an appendix 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. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Public Comment Case briefs are due 30 days from the publication of these preliminary results in the Federal Register. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs.11 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs are encouraged to submit with each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.12 All briefs must be filed electronically using ACCESS. An electronically filed document must be received successfully in its entirety by the established deadline. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.13 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce within 30 days after the date of publication of this notice.14 Requests 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. Issues raised in the hearing will be limited to 10 See Memoranda, ‘‘Preliminary Analysis of Proprietary Information and Argument Regarding Valores Horticolas del Pacifico S.A. de C.V.,’’ and ‘‘Preliminary Analysis of Proprietary Information and Argument Regarding Ceuta Produce S. de R.L. de C.V.,’’ both dated concurrently with this notice. 11 See 19 CFR 351.309(d)(1). 12 See 19 CFR 351.309(c)(2) and (d)(2). 13 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 14 See 19 CFR 351.310(c). E:\FR\FM\10OCN1.SGM 10OCN1 Federal Register / Vol. 88, No. 194 / Tuesday, October 10, 2023 / Notices those raised in the respective case and rebuttal briefs. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Commerce intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act, unless extended. Notification to Interested Parties We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: October 2, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Scope of the 2019 Agreement III. Background IV. Preliminary Results of Review V. Discussion of the Methodology VI. Recommendation [FR Doc. 2023–22367 Filed 10–6–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Announcement of Approved International Trade Administration Trade Mission International Trade Administration, Department of Commerce. SUMMARY: The United States Department of Commerce, International Trade Administration (ITA), is announcing one upcoming trade mission that will be recruited, organized, and implemented by ITA. This mission is: U.S. Environmental Technologies Business Development Mission to IFAT (Internationale Fachausstellung fuer Abwasser Technologie)—May 8–15, 2024. A summary of the mission is found below. Application information and more detailed mission information, including the commercial setting and sector information, can be found at the trade mission website: https:// www.trade.gov/trade-missions. For each mission, recruitment will be conducted in an open and public manner, including publication in the Federal Register, posting on the Commerce ddrumheller on DSK120RN23PROD with NOTICES1 AGENCY: VerDate Sep<11>2014 18:39 Oct 06, 2023 Jkt 262001 Department trade mission calendar (https://www.trade.gov/trade-missionsschedule) and other internet websites, press releases to general and trade media, direct mail, broadcast fax, notices by industry trade associations and other multiplier groups, and publicity at industry meetings, symposia, conferences, and trade shows. FOR FURTHER INFORMATION CONTACT: Jeffrey Odum, Events Management Task Force, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6397 or email Jeffrey.Odum@ trade.gov. SUPPLEMENTARY INFORMATION: The Following Conditions for Participation Will Be Used for the Mission Applicants must submit a completed and signed mission application and supplemental application materials, including adequate information on their products and/or services, primary market objectives, and goals for participation that is adequate to allow the Department of Commerce to evaluate their application. If the Department of Commerce receives an incomplete application, the Department of Commerce may either: reject the application, request additional information/clarification, or take the lack of information into account when evaluating the application. If the requisite minimum number of participants is not selected for a particular mission by the recruitment deadline, the mission may be cancelled. Each applicant must also certify that the products and services it seeks to export through the mission are either produced in the United States, or, if not, are marketed under the name of a U.S. firm and have at least fifty-one percent U.S. content by value. In the case of a trade association or organization, the applicant must certify that, for each firm or service provider to be represented by the association/organization, the products and/or services the represented firm or service provider seeks to export are either produced in the United States or, if not, marketed under the name of a U.S. firm and have at least 51% U.S. content. A trade association/organization applicant must certify and agree to the above for every company it seeks to represent on the mission. In addition, each applicant must: • Certify that the products and services that it wishes to market through the mission would be in compliance with U.S. export controls and regulations; PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 69901 • Certify that it has identified any matter pending before any bureau or office in the Department of Commerce; • Certify that it has identified any pending litigation (including any administrative proceedings) to which it is a party that involves the Department of Commerce; and • Sign and submit an agreement that it and its affiliates (1) have not and will not engage in the bribery of foreign officials in connection with a company’s/participant’s involvement in this mission, and (2) maintain and enforce a policy that prohibits the bribery of foreign officials. In the case of a trade association/ organization, the applicant must certify that each firm or service provider to be represented by the association/ organization can make the above certifications. The Following Selection Criteria Will Be Used for the Mission Targeted mission participants are U.S. firms, services providers and trade associations/organizations providing or promoting U.S. products and services that have an interest in entering or expanding their business in the mission’s destination country. The following criteria will be evaluated in selecting participants: • Suitability of the applicant’s (or in the case of a trade association/ organization, represented firm’s or service provider’s) products or services to these markets; • The applicant’s (or in the case of a trade association/organization, represented firm’s or service provider’s) potential for business in the markets, including likelihood of exports resulting from the mission; and • Consistency of the applicant’s (or in the case of a trade association/ organization, represented firm’s or service provider’s) goals and objectives with the stated scope of the mission. Balance of company size and location may also be considered during the review process. Referrals from a political party or partisan political group or any information, including on the application, containing references to political contributions or other partisan political activities will be excluded from the application and will not be considered during the selection process. The sender will be notified of these exclusions. The Department of Commerce will evaluate applications and inform applicants of selection decisions on a rolling basis until the maximum number of participants has been selected. E:\FR\FM\10OCN1.SGM 10OCN1

Agencies

[Federal Register Volume 88, Number 194 (Tuesday, October 10, 2023)]
[Notices]
[Pages 69899-69901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22367]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-820]


Agreement Suspending the Antidumping Duty Investigation on Fresh 
Tomatoes From Mexico; Preliminary Results of 2021-2022 Administrative 
Review

AGENCY: Enforcement & Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that the respondents selected for individual examination, 
Ceuta Produce S de R.L. de C.V. and its affiliate, Rancho la Memoria, 
S. de R.L. de C.V. (collectively, Ceuta) and Valores Horticolas Del 
Pacifico S.A. De C.V. (VALHPAC), complied with the Agreement Suspending 
the Antidumping Duty (AD) Investigation on Fresh Tomatoes from Mexico 
(2019 Agreement), for the period of review (POR) September 1, 2021, 
through August 31, 2022, except for certain instances of 
inconsequential and/or inadvertent noncompliance. We preliminarily 
determine that such

[[Page 69900]]

noncompliance does not materially frustrate the purposes of the 2019 
Agreement. Commerce also preliminarily determines that the 2019 
Agreement continued to meet the statutory requirements under sections 
734(c) and (d) of the Tariff Act of 1930, as amended (the Act) during 
the POR.

DATES: Applicable October 10, 2023.

FOR FURTHER INFORMATION CONTACT: David Cordell or Walter C. Schaub, 
Enforcement & Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230, telephone: (202) 482-0408 or (202) 482-0907, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On September 19, 2019, Commerce signed an agreement under section 
734(c) of the Act, with representatives of Mexican fresh tomato 
producers/exporters accounting for substantially all imports of fresh 
tomatoes from Mexico,\1\ suspending the AD investigation on fresh 
tomatoes from Mexico.\2\
---------------------------------------------------------------------------

    \1\ The Mexican Grower Associations include: 
Confederaci[oacute]n de Asociaciones Agr[iacute]colas del Esta de 
Sinaloa, A.C., Consejo Agr[iacute]cola de Baja California, 
Asociaci[oacute]n de Productores de Hortalizas del Yaqui y Mayo and 
Sistema Producto Tomate (collectively, Mexican Growers 
Associations). Members of the Mexican Grower Associations are 
Signatories to the 2019 Agreement (Mexican Signatories).
    \2\ See Fresh Tomatoes from Mexico: Suspension of Antidumping 
Duty Investigation, 84 FR 49987 (September 24, 2019) (2019 
Agreement).
---------------------------------------------------------------------------

    On September 29, 2022, the Florida Tomato Exchange (FTE), a member 
of the U.S. petitioning industry, filed a request for an administrative 
review of the 2019 Agreement. Commerce published notice of its 
initiation of the review on November 3, 2022.\3\ On January 30, 2022, 
Commerce selected mandatory respondents and issued questionnaires to 
two respondents, listed here in alphabetical order: Ceuta and 
VALHPAC.\4\
---------------------------------------------------------------------------

    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 66275 (November 3, 2022).
    \4\ See Memorandum, ``Respondent Selection,'' dated January 30, 
2023.
---------------------------------------------------------------------------

Scope of the 2019 Agreement

    Merchandise covered by the 2019 Agreement is typically classified 
under the following subheading of the Harmonized Tariff Schedules of 
the United States (HTSUS), according to the season of importation: 
0702. The tariff classification is provided for convenience and customs 
purposes; however, the written description of the scope of this 2019 
Agreement is dispositive.\5\
---------------------------------------------------------------------------

    \5\ For a complete description of the scope of the 2019 
Agreement, see Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2021-2022 Administrative Review: Fresh Tomatoes from 
Mexico,'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Methodology and Preliminary Results

    Commerce has conducted this review in accordance with section 
751(a)(1)(C) of the Act, which specifies that Commerce shall ``review 
the current status of, and compliance with, any agreement by reason of 
which an investigation was suspended.'' In this case, Commerce and 
representatives of the Mexican tomato producers/exporters accounting 
for substantially all imports of fresh tomatoes from Mexico signed the 
2019 Agreement, which suspended the underlying AD investigation, on 
September 19, 2019. Pursuant to the 2019 Agreement, the Mexican 
Signatories agreed to sell subject merchandise at or above certain 
minimum reference prices, and that their pricing would eliminate at 
least 85 percent of the dumping determined in the AD investigation.\6\ 
The Mexican signatories also agreed to other conditions, including 
quarterly audits,\7\ near-the-border inspections by the U.S. Department 
of Agriculture on all Round and Roma tomatoes and certain other types 
of tomatoes beginning on April 4, 2020,\8\ and limits to adjustments to 
the sales price due to certain changes in condition and quality after 
shipment.\9\
---------------------------------------------------------------------------

    \6\ See 2019 Agreement, 84 FR at section VI.
    \7\ Id., 84 FR at section VII.B.7.
    \8\ Id., 84 FR at section VII.C; see also Memorandum, 
``Frequently Asked Questions Regarding Inspections,'' dated March 
17, 2020.
    \9\ See 2019 Agreement, 84 FR 49996, at Appendix D.
---------------------------------------------------------------------------

    After reviewing the information received to date from the 
respondent companies in their questionnaire and supplemental 
questionnaire responses, we preliminarily determine that the 
respondents have adhered to the terms of the 2019 Agreement, except for 
certain instances of inconsequential and/or inadvertent noncompliance 
that do not materially frustrate the purposes of the 2019 Agreement. We 
also preliminarily determine that the 2019 Agreement functioned as 
intended and that the 2019 Agreement continued to meet the statutory 
requirements under sections 734(c) and (d) of the Act during the POR.
    For a full description of the analysis underlying our conclusions, 
see the Preliminary Decision Memorandum. Commerce examines issues 
involving the discussion of proprietary information concerning each of 
the respondents in separate memoranda which we incorporate into the 
Preliminary Decision Memorandum.\10\ A list of topics discussed in the 
Preliminary Decision Memorandum is included as an appendix 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. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \10\ See Memoranda, ``Preliminary Analysis of Proprietary 
Information and Argument Regarding Valores Horticolas del Pacifico 
S.A. de C.V.,'' and ``Preliminary Analysis of Proprietary 
Information and Argument Regarding Ceuta Produce S. de R.L. de 
C.V.,'' both dated concurrently with this notice.
---------------------------------------------------------------------------

Public Comment

    Case briefs are due 30 days from the publication of these 
preliminary results in the Federal Register. Rebuttal briefs, limited 
to issues raised in case briefs, may be submitted no later than seven 
days after the deadline date for case briefs.\11\ Pursuant to 19 CFR 
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal 
briefs are encouraged to submit with each argument: (1) a statement of 
the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\12\ All briefs must be filed electronically using ACCESS. 
An electronically filed document must be received successfully in its 
entirety by the established deadline. Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\13\
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.309(d)(1).
    \12\ See 19 CFR 351.309(c)(2) and (d)(2).
    \13\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce within 30 days 
after the date of publication of this notice.\14\ Requests 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. Issues raised in the hearing will be 
limited to

[[Page 69901]]

those raised in the respective case and rebuttal briefs. If a request 
for a hearing is made, Commerce intends to hold the hearing at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of the issues raised in 
any written briefs, not later than 120 days after the date of 
publication of this notice, pursuant to section 751(a)(3)(A) of the 
Act, unless extended.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: October 2, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Scope of the 2019 Agreement
III. Background
IV. Preliminary Results of Review
V. Discussion of the Methodology
VI. Recommendation

[FR Doc. 2023-22367 Filed 10-6-23; 8:45 am]
BILLING CODE 3510-DS-P

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