CSMS Message: 96-001049

TO : ALL ABI BROKERS.

FROM : FRANK ZZ-CROWE

SUBJECT : OTH-SUSP.AGR-MEXICAN TOMATOES

DATE : 11/22/96

OTO5
HQ OAB
999

7327115
NOVEMBER 22, 1996

APP-4-FO:TC:I:A FRC

TO : BULLETIN BOARD OTO5, BROKERS

FROM : DIRECTOR, TRADE COMPLIANCE

SUBJECT: SUSPENSION AGREEMENT ON FRESH TOMATOES FROM MEXICO

1. THESE INSTRUCTIONS ARE IN REFERENCE TO THE SUSPENDED
ANTIDUMPING INVESTIGATION ON FRESH TOMATOES FROM MEXICO
(CASE NUMBER A-201-820).

2. SUSPENSION OF ANTIDUMPING INVESTIGATION:

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). CERTAIN IMPORTS OF SUBJECT TOMATOES FROM MEXICO
ARE NOW SUBJECT TO PRICE REQUIREMENTS PURSUANT TO A
SUSPENSION AGREEMENT (AGREEMENT) BETWEEN THE DEPARTMENT AND
THE SIGNATORY PRODUCERS/EXPORTERS OF FRESH TOMATOES FROM
MEXICO.

3. MERCHANDISE SUBJECT TO THE AGREEMENT:

THE MERCHANDISE SUBJECT TO THIS AGREEMENT IS ALL FRESH OR
CHILLED TOMATOES (FRESH TOMATOES) WHICH HAVE MEXICO AS THEIR
ORIGIN, EXCEPT FOR COCKTAIL TOMATOES AND THOSE TOMATOES
WHICH ARE FOR PROCESSING. FOR PURPOSES OF THIS AGREEMENT,
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 RETAIL SALE. FOR PURPOSES OF THIS AGREEMENT, 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 "IMPORTER'S
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 AGREEMENT.

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 AGREEMENT.

TOMATOES IMPORTED FROM MEXICO COVERED BY THIS AGREEMENT ARE
CLASSIFIED UNDER THE FOLLOWING SUBHEADINGS OF THE HARMONIZED
TARIFF SCHEDULES OF THE UNITED STATES (HTS), 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, OUR WRITTEN DESCRIPTION OF THE SCOPE OF THIS
AGREEMENT IS DISPOSITIVE.

4. CONDITIONS FOR ENTRY:

A) FOR SIGNATORY PRODUCERS/EXPORTERS:

1) EFFECTIVE DECEMBER 1, 1996, THE FOLLOWING WRITTEN
DECLARATION SHALL BE FILED WITH EACH ENTRY (CF 3461) BY AN
IMPORTER WITH REGARD TO A SHIPMENT OF FRESH TOMATOES FROM A
PRODUCER/EXPORTER WHO IS A SIGNATORY TO THE AGREEMENT (THE
LISTING OF NAMED MANUFACTURERS/PRODUCERS/EXPORTERS CONTAINED
IN MESSAGE 7327112, NOVEMBER 22, 1996, POSTED TO BULLETIN
BOARD OTO3, CONSTITUTES THE CURRENT LISTING OF SIGNATORIES.
THE LISTING WILL BE UPDATED AS NEEDED):

A) THAT THE PRODUCER/EXPORTER IS A SIGNATORY TO THE
AGREEMENT, AND

B) THAT ALL FRESH TOMATOES BEING ENTERED INTO THE
UNITED STATES HAVE BEEN OR WILL BE SOLD AT A PRICE
WHICH IS NOT LESS THAN THE REFERENCE PRICE CURRENTLY IN
EFFECT PURSUANT TO THE AGREEMENT. IN LIEU OF PROVIDING
A SEPARATE DECLARATION FORM, THE SIGNATORIES WILL BE
ALLOWED TO PROVIDE THEIR DECLARATION IN THE FORM OF A
TYPEWRITTEN OR HANDWRITTEN STATEMENT OR "STAMP" ON THE
CARGO LOADING MANIFEST OR PACKING LIST IF THIS
DECLARATION IS LEGIBLE AND SIGNED BY THE
PRODUCER/EXPORTER.

THE DECLARATION OR A PHOTO-COPY OF THE PACKING LIST WITH
THE "STAMP" AND ORIGINAL SIGNATURE OF THE
PRODUCER/EXPORTER MUST BE FILED WITH U.S. CUSTOMS FORM
3461 AND MUST BE INCLUDED WITH THE CF 7501 TO COMPLETE
THE ENTRY.

2) FOR MERCHANDISE WHICH IS OFF-LOADED AT THE BORDER
BECAUSE OF TRUCK WEIGHT LIMITATIONS, AND IS LATER
ENTERED INTO THE UNITED STATES UNDER A SEPARATE ENTRY
NUMBER, THERE SHALL BE FILED THEREWITH A PHOTO-COPY OF
THE DECLARATION, CARGO LOADING MANIFEST OR PACKING LIST
THAT WAS PROVIDED WITH THE ORIGINAL SHIPMENT; A COPY
MUST ALSO BE INCLUDED WITH CUSTOMS FORM 7501.

3) IF UPON REVIEW OF THE COMPLETE ENTRY PACKAGE (I.E.,
CF 3461 AND CF 7501, WITH ATTACHED DOCUMENTS), CUSTOMS
DETERMINES THAT A TOMATO SHIPMENT SUBJECT TO THESE
REQUIREMENTS WAS RELEASED TO AN IMPORTER WHO FAILED TO
PROVIDE THE REQUIRED DECLARATION WITH THE CF 3461 AT THE
TIME OF RELEASE, CUSTOMS WILL PROVIDE TO THE DEPARTMENT
OF COMMERCE (THE DEPARTMENT) A COPY OF THE COMPLETE
ENTRY PACKAGE AND, UPON REQUEST BY THE DEPARTMENT, WILL
ORDER THE MERCHANDISE RE-DELIVERED TO THE BORDER. IF
THE PRODUCER/EXPORTER SUBSEQUENTLY PROVIDES THE REQUIRED
DECLARATION, CUSTOMS WILL NOTIFY THE DEPARTMENT PRIOR TO
TAKING ANY FURTHER ACTION.

B) FOR NON-SIGNATORY PRODUCERS/EXPORTERS:

1) CUSTOMS INSPECTORS WILL SELECTIVELY EXAMINE THE CONTENTS
OF NON-SIGNATORY SHIPMENTS TO ENSURE THAT MERCHANDISE FROM
SIGNATORIES IS NOT BEING ENTERED AS NON-SIGNATORY
MERCHANDISE. THESE INSPECTIONS WILL BE PERFORMED IN ORDER
TO PREVENT CIRCUMVENTION OF THE AGREEMENT. (ALTHOUGH NOT A
SPECIFIC REQUIREMENT IN THE AGREEMENT, EACH SIGNATORY HAS
AGREED TO MARK EACH BOX (EITHER BY LABEL OR STAMP) WITH THE
NAME OF THE PRODUCER/EXPORTER PRIOR TO THE TIME OF ENTRY.)

2) EFFECTIVE DECEMBER 1, 1996, IF CUSTOMS FINDS THAT ALL OR
A PORTION OF MERCHANDISE IDENTIFIED AS FRESH TOMATOES FROM A
PRODUCER/EXPORTER WHO IS NOT A SIGNATORY TO THE AGREEMENT IS
IN FACT FROM A SIGNATORY PRODUCER/EXPORTER, CUSTOMS WILL
DENY ENTRY FOR THE SIGNATORY MERCHANDISE, UNLESS A
DECLARATION IS PROVIDED.

5. FORWARDING OF IMPORT DOCUMENTATION FOR SHIPMENTS SUBJECT TO
THE TERMS OF THE AGREEMENT:

IN THE EVENT THE DEPARTMENT DETERMINES IT IS NECESSARY TO
CONFIRM A PRODUCER/EXPORTER'S DECLARATION FOR A PARTICULAR
ENTRY OF TOMATOES, CUSTOMS IS TO FORWARD COPIES OF THE
REQUIRED ENTRY DOCUMENTS (I.E., A COPY OF ALL ENTRY
DOCUMENTATION, INCLUDING EITHER THE PRODUCER/EXPORTER
DECLARATION OR "STAMPED" PACKING LIST WITH SIGNATURE OF THE
PRODUCER/EXPORTER) VIA FAX TO (202) 482-4776, UNLESS
OTHERWISE INSTRUCTED, UPON REQUEST BY THE DEPARTMENT.

6. QUESTIONS

IF CUSTOMS OFFICERS HAVE ANY QUESTIONS REGARDING THESE
INSTRUCTIONS, PLEASE CONTACT THE AD/CVD PROGRAM BY E-MAIL
ATTRIBUTE HQ OAB. THE IMPORTING PUBLIC AND OTHER INTERESTED
PARTIES SHOULD CONTACT JUDITH RUDMAN, JENNIFER KATT, OR JOHN
BRINKMANN OF THE OFFICE OF AD/CVD ENFORCEMENT AT (202) 482-
0192, (202) 482-0498, OR (202) 482-5288, RESPECTIVELY,
IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE.

THERE ARE NO RESTRICTIONS ON RELEASE OF THIS INFORMATION.

PHILIP METZGER