MESSAGE NO: 7327113 DATE: 11 22 1996
CATEGORY: ADA TYPE: TER
REFERENCE: REFERENCE DATE:
CASES: A - 201 - 820 - -
- - - -
- - - -

PERIOD COVERED: 10 28 1996 TO

LIQ SUSPENSION DATE:

TO: CMC DIRECTORS,
PORT DIRECTORS

FROM: DIRECTOR, IMPORT OPERATIONS

RE: TERMINATION OF SUSPENSION OF LIQUIDATION IN THE
ANTIDUMPING DUTY INVESTIGATION OF FRESH TOMATOES FROM
MEXICO (A-201-820)

1. ON OCTOBER 28, 1996, THE DEPARTMENT OF COMMERCE (THE
DEPARTMENT) SUSPENDED THE ANTIDUMPING INVESTIGATION ON FRESH
TOMATOES FROM MEXICO (SEE FEDERAL REGISTER 56618, NOVEMBER 1,
1996). PURSUANT TO THE SUSPENSION AGREEMENT SUSPENDING THE
ANTIDUMPING INVESTIGATION, THE DEPARTMENT IS TERMINATING THE
SUSPENSION OF LIQUIDATION ON FRESH TOMATOES FROM MEXICO.

2. SCOPE

THE PRODUCTS COVERED BY THIS INVESTIGATION ARE ALL FRESH OR CHILLED
TOMATOES (FRESH TOMATOES) EXCEPT FOR COCKTAIL TOMATOES AND THOSE
TOMATOES WHICH ARE FOR PROCESSING. FOR PURPOSES OF THIS
INVESTIGATION, COCKTAIL TOMATOES ARE GREEN-HOUSE GROWN TOMATOES,
GENERALLY LARGER THAN CHERRY TOMATOES AND SMALLER THAN ROMA OR
COMMON ROUND TOMATOES, AND ARE HARVESTED AND PACKAGED ON-THE-VINE
FOR SALE. FOR PURPOSES OF THIS INVESTIGATION, 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 ARE
ACCOMPANIED BY AN IMPORTERS EXEMPT COMMODITY FORM (FV-6) (WITHIN
THE MEANING OF 7 C.F.R. SECTION 980.501(A)(2) AND 980.212(I)).
FRESH TOMATOES THAT ARE IMPORTED FOR CUTTING UP, NOT FURTHER
PROCESSED (E.G., TOMATOES USED IN THE PREPARATION OF FRESH SALSA OR
SALAD BARS), AND NOT ACCOMPANIED BY AN FV-6 FORM ARE COVERED BY THE
SCOPE OF THIS INVESTIGATION.

ALL COMMERCIALLY-GROWN TOMATOES SOLD IN THE UNITED STATES, BOTH FOR
THE FRESH MARKET AND FOR PROCESSING, ARE CLASSIFIED AS
LYCOPERSICON ESCULENTUM. IMPORTANT COMMERCIAL VARIETIES OF FRESH
TOMATOES INCLUDE COMMON ROUND, CHERRY, PLUM, AND PEAR TOMATOES, ALL
OF WHICH WITH THE EXCEPTION OF COCKTAIL TOMATOES, ARE COVERED BY
THIS INVESTIGATION.

TOMATOES IMPORTED FROM MEXICO COVERED BY THIS INVESTIGATION ARE
CLASSIFIED UNDER THE FOLLOWING SUBHEADINGS OF THE HARMONIZED TARIFF
SCHEDULES OF THE UNITED STATES (HTSUS), ACCORDING TO THE SEASON OF
IMPORTATION: 0702.00.20, 0702.00.40, 0702.00.60, AND 9906.07.01
THROUGH 9906.07.09. ALTHOUGH THE HTS NUMBERS ARE PROVIDED FOR
CONVENIENCE AND CUSTOMS PURPOSES, THE WRITTEN DESCRIPTION OF THE
SCOPE OF THIS PROCEEDING IS DISPOSITIVE.

3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER (A-201-820)

4. EFFECTIVE NOVEMBER 22, 1996, THE CUSTOMS SERVICE SHALL
TERMINATE SUSPENSION OF LIQUIDATION OF ALL SHIPMENTS OF THE SUBJECT
MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION
ON OR AFTER NOVEMBER 1, 1996. ALL ESTIMATED ANTIDUMPING DUTY
DEPOSITS ON ENTRY SUMMARIES OF THE SUBJECT MERCHANDISE SHALL BE
REFUNDED AND THE BONDS OR OTHER SECURITY RELEASED AT THE TIME OF
LIQUIDATION.

5. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT, VIA E-MAIL, THROUGH THE APPROPRIATE
SUPERVIOSRY CHANNELS, IMPORT OPERATIONS,
ANTIDUMPING/COUNTERVAILING DUTY, USING ATTRIBUTE "HQ OAB".
THE IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD
CONTACT JOHN BRINKMANN AT (202) 482-5288 OR JUDITH WEY RUDMAN AT
(202) 482-0192, OFFICE OF ANTIDUMPING DUTY ENFORCEMENT, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT
OF COMMERCE.

6. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.


WILLIAM D. SLYNE