SUPPLEMENTARY INFORMATION:

Background

On April 25, 1996, Commerce initiated the AD investigation of fresh tomatoes from Mexico.^[1] On November 1, 1996, Commerce published the preliminary determination of the AD investigation of fresh tomatoes from Mexico.^[2] In the Preliminary Determination, Commerce individually calculated dumping margins for San Vicente Camalu, Ernesto Fernando Echavarria Salazar Grupo Solidario, Administradora Horticola Del Tamazula, Arturo Lomeli Villalobas S.A. de C.V., Ranchos Los Pinos S. de R.L. de C.V., Agricola Yory, S. de P.R. de R.I., and Eco-Cultivos S.A. de C.V.^[3] For the Preliminary Determination, the POI was March 1, 1995, through February 29, 1996.^[4] Also, effective November 1, 1996, Commerce and certain producers and exporters of fresh tomatoes from Mexico signed an agreement to suspend the investigation.^[5] A series of subsequent suspension agreements were negotiated and signed in 2002, 2008, and 2013.^[6] Effective May 13, 2019, Commerce terminated the suspension agreement in effect and continued with this investigation in accordance with section VI.B of that suspension agreement.^[7] For the continued investigation in 2019, Commerce selected new respondents for individual examination and relied on the data from these new respondents covering the period April 1, 2018 through March 31, 2019, in order to calculate the AD margins for the Final Determination.^[8] The newly selected mandatory respondents that we individually examined in 2019 were Bioparques de Occidente, S.A. de C.V./Agricola La Primavera, S.A. de C.V., Ceuta Produce, S.A. de C.V./Rancho La Memoria, S. de R.L. de C.V., and Negocio Agricola San Enrique, S.A. de C.V.^[9] Effective September 19, 2019, Commerce suspended the AD investigation of fresh tomatoes from Mexico.^[10] On October 25, 2019, Commerce published its Final Determination in the AD investigation of fresh tomatoes from Mexico.^[11] No AD order was issued because the 2019 suspension agreement still “remain{ed} in effect.” ^[12]

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Bioparques de Occidente, S.A. de C.V., Agricola La Primavera, S.A. de C.V., and Kaliroy Fresh LLC, Consolidated Plaintiffs appealed Commerce's Final Determination as plaintiffs.^[13] On April 17, 2024, the CIT issued the Remand Order, in which it concluded that “Commerce's Final Determination must resume its investigation flowing from the affirmative preliminary determination issued on November 1, 1996, including focusing its analysis on the evidence submitted regarding the original period of investigation of March 1, 1995 through February 29, 1996, and reviewing the original six mandatory respondents” in order to comply with the language of section 734(i)(1)(B) of the Tariff Act of 1930, as amended (the Act).^[14] On October 22, 2024, Commerce complied with the Remand Order under respectful protest and issued the Final Results of Redetermination accordingly.^[15] In the Final Results of Redetermination, Commerce reconsidered the selection of respondents and consideration of recent data used in the continued investigation and evaluated the 1995-1996 data from the seven respondents individually examined in 1996 and in 2002 during the investigation and determined dumping margins using the 1995-1996 data.^[16] In addition to complying with the Remand Order, to be consistent with our current practice, we used the differential pricing methodology and we did not zero negative margins in the Final Results of Redetermination. On April 17, 2025, the CIT sustained Commerce's Final Results of Redetermination.^[17]

Timken Notice

In its decision in Timken,^[18] as clarified by Diamond Sawblades,^[19] the U.S. Court of Appeals for the Federal Circuit held that, pursuant to section 516A(c) and (e) of the Act, Commerce must publish a notice of court decision that is not “in harmony” with a Commerce determination and must suspend liquidation of entries pending a “conclusive” court decision. The CIT's April 17, 2025, judgment constitutes a final decision of the CIT that is not in harmony with Commerce's Final Determination. Thus, this notice is published in fulfillment of the publication requirements of Timken.

Amended Final Determination

Because there is now a final court judgment, Commerce is amending its Final Determination with respect to the respondents individually examined in the Preliminary Determination and the Final Determination as follows:

Cash Deposit Requirements

The AD investigation of fresh tomatoes from Mexico is currently suspended under the 2019 Agreement. However, on April 18, 2025, Commerce published its Intent to Terminate and will terminate the 2019 Agreement and publish an AD order on fresh tomatoes from Mexico on July 14, 2025. In the Intent to Terminate, Commerce stated that, if it terminates the 2019 Agreement and issues the AD order, it will instruct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of fresh tomatoes from Mexico that are entered, or withdrawn from warehouse, for consumption on or after July 14, 2025, the effective date of the termination of the 2019 Agreement.^[21] Thus, if the 2019 Agreement is terminated and the AD order is issued, Commerce will instruct CBP to require AD cash deposits for entries of the subject merchandise based on the amended final weighted-average dumping margins listed above. At this time, we will not issue revised cash deposit instructions to CBP.

Notification to Interested Parties

This notice is issued and published in accordance with sections 516A(c) and (e) and 777(i)(1) of the Act.