Florida Tomato Exchange, US: Lawsuit remand shows Mexican tomato industry can’t avoid dumping charges

Published Apr 19, 2024

Tridge summary

The U.S. Court of International Trade has ordered the Department of Commerce to revisit its 2019 decision on the dumping of Mexican tomatoes in the U.S. market. This comes after a lawsuit from a major Mexican tomato exporter challenging the procedural aspects of the investigation, specifically the timeframe used to determine dumping levels. Although this decision does not impact the 2019 Suspension Agreement or the ongoing requests by the U.S. tomato industry, led by the Florida Tomato Exchange, to terminate the agreement due to its perceived ineffectiveness in addressing unfair trade practices, it represents a significant development in the long-standing trade dispute. The Florida Tomato Exchange, which represents 50 percent of U.S. fresh-market tomato production, views the court's decision as a delay in addressing the issue of Mexican tomatoes being dumped in the U.S. market for over three decades. The Department of Commerce is now tasked with redoing its investigation using data from 1996, with results expected by August, though there may be extensions.
Disclaimer: The above summary was generated by Tridge's proprietary AI model for informational purposes.

Original content

MAITLAND, FL – April 19, 2024: This week, in response to a lawsuit by a large Mexican tomato exporter, the U.S. Court of International Trade remanded a 2019 decision to the Department of Commerce, which had determined Mexican tomatoes were being dumped in the U.S. market.Importantly, this decision didn’t invalidate the fact that dumping took place but was a procedural decision that said the Commerce Department should have used a different timeframe in determining the levels of dumping. The decision doesn’t have any effect on the 2019 Suspension Agreement or the pending request by the U.S. tomato industry to terminate the Suspension Agreement due to its ineffectiveness.“This is nothing more than a litigation tactic to delay the consequences of Mexican unfair trade practices that have been devastating the U.S. tomato industry for decades,” said Michael Schadler, Executive Vice President of the Florida Tomato Exchange BB #:162441.“Whatever data the Commerce Department uses, the ...

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