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Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Notices
will automatically revoke the order without further review.2
If we receive an order-specific notice of intent to participate from a domestic interested party, Commerces regulations provide that all parties wishing to participate in a Sunset Review must file complete substantive responses not later than 30 days after the date of publication in the Federal Register of this notice of initiation. The required contents of a substantive response, on an order-specific basis, are set forth at 19 CFR 351.218d3. Note that certain information requirements differ for respondent and domestic parties. Also, note that Commerces information requirements are distinct from the ITC s information requirements. Consult Commerces regulations for information regarding Commerces conduct of Sunset Reviews.
Consult Commerces regulations at 19
CFR part 351 for definitions of terms and for other general information concerning antidumping and countervailing duty proceedings at Commerce.
This notice of initiation is being published in accordance with section 751c of the Act and 19 CFR 351.218c.
Dated: September 16, 2021.
James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.
FR Doc. 202121539 Filed 93021; 8:45 am BILLING CODE 3510DSP

DEPARTMENT OF COMMERCE
International Trade Administration A201820

Agreement Suspending the Antidumping Duty Investigation on Fresh Tomatoes From Mexico;
Preliminary Results of 20192020
Administrative Review Enforcement & Compliance, International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce Commerce preliminarily determines that the respondents selected for individual examination, Bioparques De Occidente, S.A. de C.V. and its affiliates Bioparques, Del Campo Y Asociados SA de CV and its affiliates Del Campo, and Productora Agricola Industrial del Noroeste, SA de CV Productora Agricola and its affiliates collectively Grupo Pinos, are in compliance with the Agreement Suspending the Antidumping Duty Investigation on AGENCY:

2 See
19 CFR 351.218d1iii.

VerDate Sep<11>2014

18:04 Sep 30, 2021

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Fresh Tomatoes from Mexico 2019
Agreement, for the period September 19, 2019, through August 31, 2020, and that the 2019 Agreement is meeting the statutory requirements under the Tariff Act of 1930, as amended the Act.
DATES: Applicable October 1, 2021.
FOR FURTHER INFORMATION CONTACT:
Sally C. Gannon or David Cordell, Enforcement & Compliance, International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230, telephone: 202 4820162 or 202 4820408, respectively.
SUPPLEMENTARY INFORMATION:
Background On September 19, 2019, Commerce signed an agreement 1 under section 734c of the Tariff Act of 1930, as amended the Act, with representatives of Mexican fresh tomato producers/
exporters 2 accounting for substantially all imports of fresh tomatoes from Mexico, suspending the antidumping duty AD investigation on fresh tomatoes from Mexico.3
On September 25, 2020, the Florida Tomato Exchange FTE,4 a member of the U.S. petitioning industry, filed a request for an administrative review of the 2019 Agreement.5 On September 30, 2020, Bioparques and Negocio Agricola San Enrique S.A. de C.V. NASE also requested reviews.6
1 See Fresh Tomatoes From Mexico: Suspension of Antidumping Duty Investigation, 84 FR 49987
September 24, 2019 2019 Agreement.
2 The Mexican signatories are predominately represented by the following associations:
Asociacion Mexicana de Horticultura Protegida, A.C., Asociacion de Productores de Hortalizas del Yaqui y Mayo, Confederacion de Asociaciones Agricolas del Estado de Sinaloa, A.C., Consejo Agricola de Baja California, A.C., and Sistema Producto Tomate.
3 Id.
4 The members of the FTE are as follows: Ag-Mart Produce, Inc. dba Santa Sweets, Inc., Classie Produce, DiMare Homestead, Inc., DiMare Ruskin, Inc., Gargiulo, Inc., Kern Carpenter Farms, Lipman Family Farms, Mecca Family Farms, Inc., Michael Borek Farms, Pacific Tomato Growers, Ltd., Taylor & Fulton Packing, LLC, Tomatoes of Ruskin, Inc., TomPak, LLC, and West Coast Tomato, LLC.
5 See Letter from FTE, Fresh Tomatoes from Mexico: Request for Administrative Review, dated September 25, 2020.
6 See Letter from Bioparques and Letter from NASE, both entitled Suspension Agreement on Fresh Tomatoes from MexicoRequest for Administrative Review, each dated September 30, 2020. Bioparques and NASE explained they had requested reviews primarily to review each of the companys own sales, and the amount of any . . .
dumping margin involved in the suspension agreement. Pursuant to section 751a1c of the Act, Commerce reviews the current status of, and compliance with, any agreement by reason of which an investigation was suspended, and review the amount of any . . . dumping margin involved in the agreement, in administrative reviews. . . .
Because there is no dumping margin involved in
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The review of the 2019 Agreement was initiated on October 30, 2020.7
Commerce inadvertently identified the period of review POR as September 1, 2019, through August 31, 2020, but corrected the POR on January 7, 2021, to reflect the period from September 19, 2019 to August 31, 2020.8 On January 7, 2021, Commerce selected mandatory respondents and issued its questionnaire to the three largest respondents, listed here in alphabetical order: Bioparques, Del Campo, and Productora Agricola.9
Scope of the 2019 Agreement Merchandise covered by the 2019
Agreement is typically imported under the following heading of the HTSUS:
Tomatoes imported from Mexico covered by this Agreement are 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.10
Methodology and Preliminary Results Commerce has conducted this review in accordance with section 751a1C
of the Act, which specifies that Commerce shall review the current status of, and compliance with, any agreement by reason of which an the 2019 Agreement, in conducting this administrative review, we are not calculating new margins for the companies under review, as we would in an administrative review of an order.
Rather, in addition to examining compliance with the terms of the agreement, generally, we are examining whether for the sales during the period of review the respondents complied with the price undertakings specified in section VI of the 2019
Agreement, i.e., not making sales below the Reference Prices established in Appendix A and eliminating the required percentage of dumping from the original investigation, i.e., 85 percent.
7 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 85 FR
68841 October 30, 2020.
8 See Memorandum, 20192020 Administrative Review of the 2019 Agreement Suspending the Antidumping Duty Investigation on Fresh Tomatoes from Mexico: Respondent Selection and Corrected Period of Review January 7, 2021. See also Initiation of Antidumping and Countervailing Duty Administrative Reviews, 86 FR 8166 February 4, 2021 at footnote 10. As the 2019 Agreement was signed on September 19, 2019, this date is the beginning of the POR.
9 Id. See also questionnaires issued individually to Bioparques, Del Campo and Productora Agricola, each dated January 7, 2021.
10 For a complete description of the Scope of the 2019 Agreement, see Memorandum, Decision Memorandum for the Preliminary Results of the 20192020 Administrative Review of the Agreement Suspending the Antidumping Duty Investigation on Fresh Tomatoes from Mexico, dated concurrently with, and hereby adopted by, this notice Preliminary Decision Memorandum.

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