Agreement Suspending the Antidumping Duty Investigation on Fresh Tomatoes From Mexico: Final Results of the 2021-2022 Administrative Review, 106427-106428 [2024-31084]
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Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices
19 CFR 351.225(n) and Commerce’s
procedures.7
Interested parties are invited to
comment on the completeness of this
monthly list of scope ruling applications
received by Commerce. Any comments
should be submitted to Scot Fullerton,
Acting Deputy Assistant Secretary for
AD/CVD Operations, Enforcement and
Compliance, International Trade
Administration, via email to
CommerceCLU@trade.gov.
This notice of scope ruling
applications filed in AD and CVD
proceedings is published in accordance
with 19 CFR 351.225(d)(3).
Dated: December 20, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2024–31246 Filed 12–27–24; 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: Final
Results of the 2021–2022
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, Ceuta
Produce S.A. DE C.V. (Ceuta) and
Valores Horticolas Del Pacifico S.A. De
C.V (VALHPAC) (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, 2021, through August 31, 2022,
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 December 30, 2024.
FOR FURTHER INFORMATION CONTACT:
Sally C. Gannon or David Cordell,
Enforcement and Compliance,
International Trade Administration,
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
7 See Scope Ruling Application; Annual Inquiry
Service List; and Informational Sessions, 86 FR
53205 (September 27, 2021).
VerDate Sep<11>2014
23:58 Dec 27, 2024
Jkt 265001
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 10, 2023, Commerce
published the preliminary results of this
administrative review, and we invited
interested parties to comment.1 On
November 9, 2023, the Florida Tomato
Exchange (FTE), a member of the U.S.
petitioning industry, filed a case brief.2
On November 16, 2023, Ceuta and
VALHPAC filed a joint rebuttal brief.3
Commerce extended the date for the
publication of the final results until
December 16, 2024.4 On December 9,
2024, Commerce tolled the deadlines for
all preliminary and final determinations
by 90 days.5
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,
1 See Agreement Suspending the Antidumping
Duty Investigation on Fresh Tomatoes from Mexico;
Preliminary Results of 2021–2022 Administrative
Review, 88 FR 69899 (October 10, 2023)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum.
2 See FTE’s Letter, ‘‘Case Brief on Behalf of the
Florida Tomato Exchange,’’ dated November 9,
2023.
3 See Ceuta and VALHPAC’s Letter, ‘‘Rebuttal
Brief of Ceuta Produce, S. de R.L. de C.V. and
Valores Horticolas del Pacifico, S.A. de C.V.,’’ dated
November 16, 2023.
4 See Memorandum, ‘‘Decision Memorandum for
the Final Results of the 2021–2022 Administrative
Review: Fresh Tomatoes from Mexico,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
5 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated December 9, 2024.
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
106427
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
2019 Agreement is also contained in the
Issues and Decision Memorandum.
Analysis
Commerce continues to find, based on
record evidence, that the selected
respondents, Ceuta and VALHPAC,
were in compliance with the terms of
the 2019 Agreement during the POR,
with the exception of certain
inconsequential or inadvertent noncompliance. 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 meeting the
applicable statutory requirements for a
suspension agreement, e.g., preventing
price suppression or undercutting, and
effective monitoring is practicable.
The issues raised in the case and
rebuttal briefs are addressed in the
accompanying Issues and Decision
Memorandum. 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.
Administrative Protective Order (APO)
This notice also serves as a reminder
to parties subject to 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.
E:\FR\FM\30DEN1.SGM
30DEN1
106428
Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices
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
Tariff Act of 1930, as amended, and 19
CFR 351.213 and 19 CFR 351.221(b)(5).
Dated: December 20, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Agreement
IV. Discussion of the Issues
1. Instances of Noncompliance During the
POR
2. Whether the 2019 Suspension
Agreement is Effectively Monitorable
and Enforceable
3. Whether Commerce Should Take
Additional Enforcement Action
V. Recommendation
[FR Doc. 2024–31084 Filed 12–27–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–523–808]
Certain Steel Nails From the Sultanate
of Oman: Final Results of Antidumping
Duty Administrative Review; 2022–
2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
Oman Fasteners, LLC (Oman Fasteners),
the sole producer and exporter subject
to this administrative review, did not
make sales of certain steel nails (steel
nails) from the Sultanate of Oman
(Oman) in the United States at prices
below normal value (NV) during the
period of review (POR), July 1, 2022,
through June 30, 2023.
DATES: Applicable December 30, 2024.
FOR FURTHER INFORMATION CONTACT:
Dakota Potts, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0223.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
Background
On August 12, 2024, Commerce
published the Preliminary Results of
this administrative review and we
VerDate Sep<11>2014
23:58 Dec 27, 2024
Jkt 265001
invited interested parties to comment.1
On December 6, 2024, we extended the
deadline for these final results by 60
days, until no later than February 10,
2025.2 On December 9, 2024, Commerce
tolled the deadline to issue the final
results in this administrative review by
90 days.3 A summary of the events that
occurred since Commerce published the
Preliminary Results, as well as a full
discussion of the issues raised by parties
for these final results, are discussed in
the Issues and Decision Memorandum.4
Scope of the Order 5
The product covered by this Order is
steel nails from Oman. For a complete
description of the scope of the Order,
see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the parties’ case
and rebuttal briefs are addressed in the
Issues and Decision Memorandum and
are listed 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.
Changes Since the Preliminary Results
Based on comments received from
interested parties regarding our
Preliminary Results and our review of
1 See Certain Steel Nails from the Sultanate of
Oman: Preliminary Results and Rescission, in Part,
of Antidumping Duty Administrative Review; 2022–
2003, 89 FR 65593 (August 12, 2024) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum.
2 Because the current deadline for these final
results falls on the weekend (i.e., February 8, 2025),
the deadline became the next business day (i.e.,
February 10, 2025). See Notice of Clarification:
Application of ‘‘Next Business Day’’ Rule for
Administrative Determination Deadlines Pursuant
to the Tariff Act of 1930, As Amended, 70 FR 24533
(May 10, 2005); see also Memorandum, ‘‘Extension
of Deadline for Final Results of Antidumping Duty
Administrative Review,’’ dated December 6, 2024.
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated December 9, 2024.
4 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2022–
2023 Administrative Review of the Antidumping
Duty Order on Certain Steel Nails from the
Sultanate of Oman,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
5 See Certain Steel Nails from the Republic of
Korea, Malaysia, the Sultanate of Oman, Taiwan,
and the Socialist Republic of Vietnam:
Antidumping Duty Orders, 80 FR 39994 (July 13,
2015) (Order).
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
the record to address those comments,
we made changes to the preliminary
weighted-average dumping margin
calculations for Oman Fasteners, as
detailed in the Issues and Decision
Memorandum.6
Final Results of Review
As a result of this review, we
determine the following weightedaverage dumping margin exists for the
POR:
Exporter or producer
Weightedaverage
dumping
margin
(percent)
Oman Fasteners, LLC ..........
0.00
Disclosure
Commerce intends to disclose the
calculations performed for these final
results within five days of the date of
publication of this notice in the Federal
Register, in accordance with 19 CFR
351.224(b).
Assessment Rates
Commerce has determined, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with these
final results of review.7 Pursuant to 19
CFR 351.212(b)(1), we calculated
importer-specific ad valorem duty
assessment rates based on the ratio of
the total amount of dumping calculated
for the examined sales to the total
entered value of the sales for which
entered value was reported. Where the
respondent’s weighted-average dumping
margin is zero or de minimis within the
meaning of 19 CFR 351.106(c)(1), or an
importer-specific assessment rate is zero
or de minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
Commerce’s ‘‘automatic assessment’’
practice will apply to entries of subject
merchandise during the POR produced
by companies included in these final
results of review for which the reviewed
companies did not know that the
merchandise it sold to the intermediary
(e.g., a reseller, trading company, or
exporter) was destined for the United
States. In such instances, we will
instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no
rate for the intermediate company(ies)
involved in the transaction.8
6 See
Issues and Decision Memorandum at 3–4.
19 CFR 351.212(b).
8 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
7 See
E:\FR\FM\30DEN1.SGM
30DEN1
]]>Agencies
[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Notices]
[Pages 106427-106428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31084]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-820]
Agreement Suspending the Antidumping Duty Investigation on Fresh
Tomatoes From Mexico: Final Results of the 2021-2022 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, Ceuta
Produce S.A. DE C.V. (Ceuta) and Valores Horticolas Del Pacifico S.A.
De C.V (VALHPAC) (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, 2021, through August 31, 2022,
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 December 30, 2024.
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 10, 2023, Commerce published the preliminary results of
this administrative review, and we invited interested parties to
comment.\1\ On November 9, 2023, the Florida Tomato Exchange (FTE), a
member of the U.S. petitioning industry, filed a case brief.\2\ On
November 16, 2023, Ceuta and VALHPAC filed a joint rebuttal brief.\3\
Commerce extended the date for the publication of the final results
until December 16, 2024.\4\ On December 9, 2024, Commerce tolled the
deadlines for all preliminary and final determinations by 90 days.\5\
---------------------------------------------------------------------------
\1\ See Agreement Suspending the Antidumping Duty Investigation
on Fresh Tomatoes from Mexico; Preliminary Results of 2021-2022
Administrative Review, 88 FR 69899 (October 10, 2023) (Preliminary
Results), and accompanying Preliminary Decision Memorandum.
\2\ See FTE's Letter, ``Case Brief on Behalf of the Florida
Tomato Exchange,'' dated November 9, 2023.
\3\ See Ceuta and VALHPAC's Letter, ``Rebuttal Brief of Ceuta
Produce, S. de R.L. de C.V. and Valores Horticolas del Pacifico,
S.A. de C.V.,'' dated November 16, 2023.
\4\ See Memorandum, ``Decision Memorandum for the Final Results
of the 2021-2022 Administrative Review: Fresh Tomatoes from
Mexico,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
---------------------------------------------------------------------------
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 2019 Agreement is also
contained in the Issues and Decision Memorandum.
Analysis
Commerce continues to find, based on record evidence, that the
selected respondents, Ceuta and VALHPAC, were in compliance with the
terms of the 2019 Agreement during the POR, with the exception of
certain inconsequential or inadvertent non-compliance. 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 meeting the
applicable statutory requirements for a suspension agreement, e.g.,
preventing price suppression or undercutting, and effective monitoring
is practicable.
The issues raised in the case and rebuttal briefs are addressed in
the accompanying Issues and Decision Memorandum. 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.
Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to 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.
[[Page 106428]]
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 Tariff Act of 1930, as
amended, and 19 CFR 351.213 and 19 CFR 351.221(b)(5).
Dated: December 20, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Agreement
IV. Discussion of the Issues
1. Instances of Noncompliance During the POR
2. Whether the 2019 Suspension Agreement is Effectively
Monitorable and Enforceable
3. Whether Commerce Should Take Additional Enforcement Action
V. Recommendation
[FR Doc. 2024-31084 Filed 12-27-24; 8:45 am]
BILLING CODE 3510-DS-P
