A recent decision by the U.S. Court of International Trade has won praise from San Antonio-based NatureSweet.
The court decision invalidated a 2019 determination by the Department of Commerce that exporters of fresh tomatoes had “dumped” product into the U.S. from Mexico, requiring the Commerce Department to reconsider whether dumping actually occurred and, if so, what duty rates apply, according to a news release.
The court ruled that the Commerce Department’s final determination was not in accordance with the law and therefore invalid, Skip Hulett, vice president and general counsel for NatureSweet, said in the release.
The court stated that Commerce Department’s final investigation, in which it selected entirely new parties for individual examination and examined sales from a wholly new period of time, violated the basic statutory requirement that the department resume and finish its original investigation from 1995, the release said.
The court invalidated the final determination as unlawful and told the Commerce Department to “redo” its investigation, the release said. The company said U.S. buyers and importers are pleased that the court determined the Commerce Department may not apply steep duties of more than 30% on imports of Mexican tomatoes into the U.S.
