The Florida Tomato Exchange released a statement following a lawsuit by a Mexican tomato exporter and a subsequent remand by the U.S. Court of International Trade that orders the Department of Commerce to re-do its 2019 dumping investigation by using data from the original 1996 dumping case.
Bioparques de Occidente S.A. de CV filed a suit arguing that the resumed 2019 investigation should have used original data from 1996 rather than the most recent trade data.
“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 Florida Tomato Exchange said in a release. “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.”
Michael Schadler, executive vice president of the Florida Tomato Exchange spoke out about the latest update in this ongoing issue, saying in a news release, “Whatever data the Commerce Department uses, the record is clear: Mexican tomatoes have been consistently dumped in the U.S. market over the last 30 years. The record is also clear that none of the suspension agreements have worked.”
According to the Florida Tomato Exchange, the Department of Commerce resumed its anti-dumping investigation into Mexican tomato imports. The organization said the original investigation which was suspended in 1996 in favor of suspension agreements found dumping margins as high as 188.45 and an average rate of 17.56%. The 2019 investigation, according to the Florida Tomato Exchange, found dumping margins to be 30.48% and an average of 20.91%
The Florida Tomato Exchange says more than 60 members of Congress wrote in favor of suspending the agreement and a decision from the Department of Congress has not been made.
“We are confident that the results will be similar no matter what timeframe is used,” Schadler said. “Unfortunately, the one thing that has been consistent since 1996 is Mexican dumping. The Court’s decision means that American tomato farmers may have to wait even longer for U.S. trade laws to stop injurious Mexican dumping.”
Related coverage:
- What lies ahead for U.S.-Mexico tomato agreement?
- Florida tomato leaders asks Commerce Department to revise approach to Mexico-U.S. tomato trade
- Florida Tomato Exchange says many growers support ending U.S.-Mexico Tomato Suspension Agreement
- Study says end of suspension agreement will drive up consumer tomato prices
- Clashes continue over tomato trade agreement with Mexico
