Commerce Publishes Intent to Terminate 2019 Tomato Suspension Agreement with 90 Day Notice 

Dear Client’s and Friend’s,

Please review the following provided by our friends at the FPAA.

Regards,


From: Saul Macias 
Sent: Monday, April 14, 2025 4:09 PM
Subject: Commerce Publishes Intent to Terminate 2019 Tomato Suspension Agreement with 90 Day Notice
 
Good afternoon FPAA Members,
 
The Department of Commerce has informed interested parties of their intent to terminate the 2019 Agreement Suspending the Antidumping Duty Investigation on Fresh Tomatoes from Mexico.  The notice was issued on April 14, 2025, and unless a new agreement is negotiated, the 2019 Agreement will terminate on July 14, 2025.  
 
In this 90-day period, members are reminded to continue to comply with terms of the 2019 Tomato Suspension Agreement
 
From the Federal Register Notice:  “If Commerce terminates the 2019 Agreement and resumes the AD investigation, Commerce will instruct CBP to suspend liquidation of entries of fresh tomatoes from Mexico that are entered, or withdrawn from warehouse, for consumption on or after the July 14, 2025, effective date of the termination of the 2019 Agreement. CBP shall require AD cash deposits for entries of the subject merchandise based on the final weighted-average dumping margins, which range from 3.91 to 30.48 percent.”  
 
The current all-others rate would be 20.91 percent.  This is the rate that would apply to all Mexican tomatoes from producers that do not have their own rate.  Commerce announced this rate after the resumption of the investigation in 2019.  
 
The FPAA continues to work with partner organizations on this important issue.  As stated above, tomato distributors are reminded to continue to comply with terms of the 2019 Tomato Suspension Agreement.  As additional information comes available, the FPAA will let members know. 
 
Saul Macias
Communications Coordinator