Mexican Tomato Exporters Drop Cases Involving 2019 Deal Suspending AD Order
Exporters led by International Greenhouse Produce and Asociacion Mexicana de Horticultura Protegida on Aug. 13 dropped their lawsuits involving a 2019 agreement suspending the antidumping duty order on fresh tomatoes from Mexico. The exporters dropped their cases following the Commerce Department's announcement in April that it withdrew from the agreement (see 2504150057) (International Greenhouse Produce v. U.S., CIT # 23-00093) (Asociacion Mexicana de Horticultura Protegida v. U.S., CIT # 20-00042).
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One case, brought by International Greenhouse Produce, challenged Commerce's review of the 2019 agreement, which covered entries during the 2020-21 review period, in which the exporter was a mandatory respondent. The exporter specifically contested the agency's new methodology for evaluating compliance with the 2019 duty suspension agreement's requirement to eliminate 85% of dumping (see 2306060065). The exporter also challenged Commerce's decision to treat certain transactions involving U.S. brokers as U.S. sales.
The other case, led by Asociacion Mexicana de Horticultura Protegida, was initially brought in 2020 to contest the International Trade Commission's final affirmative injury determination in the resumed antidumping duty on fresh tomatoes from Mexico, as well as the resulting 2019 suspension agreement itself (see 2002190044).