MESSAGE NO: 2213201 DATE: 08 01 2002
CATEGORY: ADA TYPE: ADM
REFERENCE: REFERENCE DATE:
CASES: A - 201 - 820 - -
- - - -
- - - -

PERIOD COVERED: 07 30 2002 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: RESUMPTION OF ANTIDUMPING DUTY INVESTIGATION ON FRESH
TOMATOES FROM MEXICO (A-201-820)


1. ON NOVEMBER 1, 1996, THE DEPARTMENT OF COMMERCE PUBLISHED IN
THE FEDERAL REGISTER ITS PRELIMINARY DETERMINATION OF SALES AT
LESS THAN FAIR VALUE IN THE ANTIDUMPING DUTY INVESTIGATION OF
FRESH TOMATOES FROM MEXICO AND ITS NOTICE OF AN AGREEMENT TO
SUSPEND THE ANTIDUMPING DUTY INVESTIGATION. ON 07/30/2002, THE
DEPARTMENT OF COMMERCE TERMINATED THE SUSPENSION AGREEMENT AND
RESUMED THE ANTIDUMPING DUTY INVESTIGATION ON FRESH TOMATOES FROM
MEXICO.

2. THE MERCHANDISE COVERED BY THIS INVESTIGATION ARE ALL FRESH
OR CHILLED TOMATOES (FRESH TOMATOES) EXCEPT FOR COCKTAIL TOMATOES
AND THOSE TOMATOES WHICH ARE FOR PROCESSING.

FOR PURPOSES OF THIS INVESTIGATION, COCKTAIL TOMATOES ARE
GREENHOUSE-GROWN TOMATOES, GENERALLY LARGER THAN CHERRY TOMATOES
AND SMALLER THAN ROMA OR COMMON ROUND TOMATOES, AND ARE HARVESTED
AND PACKAGED ON-THE-VINE FOR RETAIL SALE.

FOR PURPOSES OF THIS 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.
FURTHER, IMPORTS OF FRESH TOMATOES FOR PROCESSING ARE ACCOMPANIED
BY AN "IMPORTER'S EXEMPT COMMODITY FORM" (FV-6) (WITHIN THE
MEANING OF 7 CFR 980.501(a)(2) AND 980.212(i)). FRESH TOMATOES
THAT ARE IMPORTED FOR CUTTING UP, NOT FURTHER PROCESSED (E.G.,
TOMATOES USED IN THE PREPARATION OF FRESH SALSA OR SALAD BARS),
AND NOT ACCOMPANIED BY AN FV-6 FORM ARE COVERED BY THE SCOPE OF
THIS INVESTIGATION.
ALL COMMERCIALLY GROWN TOMATOES SOLD IN THE UNITED STATES, BOTH
FOR THE FRESH MARKET AND FOR PROCESSING, ARE CLASSIFIED AS
LYCOPERSICON ESCULENTUM. IMPORTANT COMMERCIAL VARIETIES OF FRESH
TOMATOES INCLUDE COMMON ROUND, CHERRY, PLUM, AND PEAR TOMATOES,
ALL OF WHICH, WITH THE EXCEPTION OF COCKTAIL TOMATOES, ARE
COVERED BY THIS INVESTIGATION.

TOMATOES IMPORTED FROM MEXICO COVERED BY THIS INVESTIGATION ARE
CLASSIFIED UNDER THE FOLLOWING SUBHEADINGS OF THE HARMONIZED
TARIFF SCHEDULES OF THE UNITED STATES (HTSUS), ACCORDING TO THE
SEASON OF IMPORTATION: 0702 AND 9906.07.01 THROUGH 9906.07.09.
ALTHOUGH THE HTSUS NUMBERS ARE PROVIDED FOR CONVENIENCE AND
CUSTOMS PURPOSES, THE WRITTEN DESCRIPTION OF THE SCOPE OF THIS
PROCEEDING IS DISPOSITIVE.

3. BECAUSE THE DEPARTMENT OF COMMERCE IS RESUMING ITS
ANTIDUMPING DUTY INVESTIGATION ON FRESH TOMATOES FROM MEXICO THE
CUSTOMS SERVICE SHALL SUSPEND LIQUIDATION OF SUCH SHIPMENTS
ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER
07/30/2002, THE EFFECTIVE DATE OF THE TERMINATION OF THE
SUSPENSION AGREEMENT. EFFECTIVE 07/30/2002, CUSTOMS SHALL
REQUIRE, FOR SUCH ENTRIES, A CASH DEPOSIT OR THE POSTING OF A
BOND EQUAL TO THE MARGINS SHOWN BELOW:

GROWER/ CUSTOMS ID MARGIN
EXPORTER NUMBER PERCENTAGE

SAN VINCENTE CAMALU A-201-820-451 4.16%

ERNESTO FERNANDO A-201-820-036 11.89%
ECHAVARRIA SALAZAR GRUPO
SOLIDARIO

ARTURO LOMELI VILLALOBAS A-201-820-017 26.97%
S.A. DE C.V.

ECO-CULTIVOS S.A. DE C.V. A-201-820-035 188.45%

RANCHOS LOS PINOS S. A-201-820-067 10.26%
DE R.L. DE C.V.

ADMINISTRADORA HORTICOLA A-201-820-001 28.30%
DEL TAMAZULA

AGRICOLA YORY, S. A-201-820-011 11.95%
DE P.R. DE R.I.

ALL OTHERS A-201-820-000 17.56%

4. IN ACCORDANCE WITH T.D. 85-145, AT THE DISCRETION OF THE
CUSTOMS SERVICE, CUSTOMS OFFICERS MAY ACCEPT EITHER A SINGLE-
ENTRY BASIC IMPORTATION AND ENTRY BOND OR A CONTINUOUS BASIC
IMPORTATION AND ENTRY BOND ONLY IF THE AMOUNT OF THE ESTIMATED
ANTIDUMPING DUTY IS LESS THAN FIVE PERCENT AD VALOREM (OR THE
EQUIVALENT). OTHERWISE, WHERE THE IMPORTER HAS THE OPTION TO
POST A BOND FOR ESTIMATED ANTIDUMPING OR COUNTERVAILING DUTIES,
CUSTOMS OFFICERS MUST REQUIRE A SINGLE-ENTRY BASIC IMPORTATION
AND ENTRY BOND PURSUANT TO T.D. 85-145. YOU ARE INSTRUCTED TO
ADHERE TO THE REQUIREMENTS OF T.D. 85-145 WITH RESPECT TO THESE
BONDING REQUIREMENTS.

5. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS, OTHER GOVERNMENT AGENCY LIAISONS, USING THE
ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND OTHER INTERESTED
PARTIES SHOULD CONTACT YANG JIN CHUN, AD/CVD ENFORCEMENT 3,
IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE, AT (202) 482-5760.

6. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

CATHY SAUCEDA