• Effective Date: Jul 14, 2025
  • Cite as: 91 FR 7439 • Cite date: Feb 18, 2026
1. On 02/18/2026, Commerce published in the Federal Register (91 FR 7439) a clarification of the scope of the antidumping duty order on fresh tomatoes from Mexico (A-201-820). On 04/02/2026, Commerce published in the Federal Register (91 FR 16639) a notification of an extension of deadline to certify to allow importers more time to comply administratively with the import certification requirements. 2. The scope of the order has been clarified to add the following language: "Further, imports of fresh tomatoes for processing must be accompanied by an "Importer's Exempt Commodity Form" (SC-6) (within the meaning of 7 CFR section 980.501(a)(2) and 980.212(i)) and must be accompanied by the "Processing Tomatoes Certification Form." Fresh tomatoes that are imported for cutting up, not further processing (e.g., tomatoes used in the preparation of fresh salsa or salad bars) are covered by the antidumping duty order, whether or not accompanied by an SC-6 form." 3. The scope of the antidumping duty order on fresh tomatoes from Mexico covers: The merchandise subject to the Order is all fresh or chilled tomatoes (fresh tomatoes) which have Mexico as their origin, except for those tomatoes which are for processing. For purposes of the Order, 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 must be accompanied by an "Importer's Exempt Commodity Form" (SC-6) (within the meaning of 7 CFR section 980.501(a)(2) and 980.212(i)) and must be accompanied by the "Processing Tomatoes Certification Form." Fresh tomatoes that are imported for cutting up, not further processing (e.g., tomatoes used in the preparation of fresh salsa or salad bars) are covered by the Order, whether or not accompanied by an SC-6 form. Commercially grown tomatoes, both for the fresh market and for processing, are classified as Lycopersicon esculentum. Important commercial varieties of fresh tomatoes include common round, cherry, grape, plum, greenhouse, and pear tomatoes, all of which are covered by the Order. Tomatoes imported from Mexico covered by the Order are classified under the following subheading of the Harmonized Tariff Schedule of the United States (HTSUS), according to the season of importation: 0702. Although the HTSUS numbers are provided for convenience and customs purposes, the written description of the scope of the Order is dispositive. 4. The scope clarification in this message pertains to message 5198408, dated 07/17/2025. 5. Certification Requirements 5a. All importers of fresh tomatoes from Mexico are eligible to participate in the certification process detailed below. 5b. Importers that claim that the entry of fresh tomatoes is not subject to suspension of liquidation or the collection of cash deposits because the merchandise is for processing must complete the applicable certification and meet the certification and documentation requirements described below, as well as the requirements identified in the certification. The importer, or the importer's agent, must submit the importer's certifications at the time of entry summary by uploading these documents into the document imaging system (DIS) in ACE. Where the importer uses a broker to facilitate the entry process, the importer should obtain the entry summary number from the broker. Agents of the importer, such as brokers, however, are not permitted to certify on behalf of the importer. Consistent with CBP's procedures, importers shall identify certified entries by using importers' additional declaration (record 54) AD/CVD Certification Designation (type code 06) when filing entry summary. 5c. Importers are required to complete and maintain the applicable certifications and retain all supporting documentation. For fresh tomatoes imported for processing entered on or after 02/18/2026, and before 04/15/2026, the relevant certifications should be completed, signed, dated, and uploaded to document imaging system (DIS) in ACE as soon as practicable, but no later than 05/15/2026. For fresh tomatoes imported for processing that entered on or after 04/15/2026, the relevant certifications must be completed, signed, dated, and uploaded to DIS at the time of filing entry summary. 5d. If CBP determines that the certification and/or documentation requirements identified have not been met (i.e., CBP determines the certification and/or documentation is deficient or otherwise unacceptable), for all entries of fresh tomatoes entered, or withdrawn from warehouse, for consumption on or after 02/18/2026, CBP shall suspend liquidation of all such entries as subject to the AD order, and shall require the importer to post applicable AD cash deposits. Such suspended entries will be liquidated pursuant to applicable administrative reviews of the fresh tomatoes from Mexico AD orders or through the automatic liquidation process. 6. Certifications 6a. Importer's Exempt Commodity Form (SC-6) Imports of fresh tomatoes imported for processing must be accompanied by an "Importer's Exempt Commodity Form" (SC-6) (within the meaning of 7 CFR section 980.501(a)(2) and 980.212(i)), available at the U.S. Department of Agriculture, Agricultural Marketing Service. 6b. Processing Tomatoes Certification Form Antidumping Duty Order on Fresh Tomatoes from Mexico (A-201-820) Section 1: To Be Completed by the Importer 1. Product (Include Variety): 2. Date and Place of Inspection: 3. Lot Identification: 4. Vehicle Identification: 5a. mporter's Name and Complete Mailing Address (PO Box, Street, City, State, Zip Code): 5b. Importer's Telephone Number (Include Area Code): 5c. Importer's Email: 6a. Place of Entry/Port of Unloading: 6b. Date of Entry: 7a. Total Quantity Imported (Pounds): 7b. Type of Packing Container (Specify): 7c. Total Number of Containers or Pallets: 8a. Receiver's Name and Complete Mailing Address (PO Box, Street, City, State, Zip Code): 8b. Receiver's Telephone Number (Include Area Code): 8c. Receiver's E-mail 9. Intended Use (Mark an "X" in appropriate box): [ ] Processing [ ] Type Processing/Other (Specify) 10a. Harmonized Tariff Code Number: 10b. U.S. Customs and Border Protection (CBP) Entry Number: CERTIFICATION STATEMENT: I certify to the U.S. Department Commerce and the U.S. CBP that the above is true and accurate and that none of the fruit, vegetable, or specialty crops being imported and which are identified above will be used for other than the purpose indicated above. Signature {NAME OF COMPANY OFFICIAL} {TITLE OF COMPANY OFFICIAL} {DATE} Section 2: To Be Completed By the Selling Agent A. Receiver's Name and Complete Mailing Address (PO Box, Street, State, Zip Code) B. Receiver's Telephone Number (Include Area Code): CERTIFICATION STATEMENT OF PROCESSOR, CHARITY, FEEDER, OR OTHER EXEMPTED RECEIVER: I hereby certify to the U.S. Department of Commerce that I have received the exempt commodity shipment (s) cited above and that I will dispose of the shipment(s) pursuant to the intended use specified in "9" and the commodity's import regulations under 7 C.F.R., Parts 944, or 9, and that I am one of the following: (Mark an "X" in appropriate box) [ ] Processor [ ] Other (Specify) Signature {NAME OF COMPANY OFFICIAL} {TITLE OF COMPANY OFFICIAL} {DATE} 7. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OI:TES.) 8. There are no restrictions on the release of this information. Alexander Amdur