U.S. Trade Representative rejects Section 301 petition to protect Florida growers

Grape tomatoes, like these in Central Florida, are among several varieties grown in the Sunshine State. Production will be lighter than usual in some parts of Florida this year because of damage caused by Hurricane Ian, but volume should pick up by the end of the year, says Michael Schadler, executive vice president of the Maitland-based Florida Tomato Exchange.
Grape tomatoes, like these in Central Florida, are among several varieties grown in the Sunshine State. Production will be lighter than usual in some parts of Florida this year because of damage caused by Hurricane Ian, but volume should pick up by the end of the year, says Michael Schadler, executive vice president of the Maitland-based Florida Tomato Exchange.
(Photo: Courtesy of Florida Tomato Exchange)

Florida tomato growers were not pleased by the decision of U.S. Trade Representative Katherine Tai to reject a petition under Section 301 of U.S. trade law calling for Tai’s office to protect Florida growers from unfair trade practices, but they weren’t necessarily surprised.

“The U.S. Trade Representative’s Office has kept their impressive record of always looking out for the Mexican tomato industry at the expense of the Florida tomato industry,” said Bob Spencer, president of West Coast Tomato LLC, Palmetto, Fla.

“They seem to be more concerned about Mexico than the American grower,” he said.

The petition, filed Sept. 8, was led by Florida Sens. Marco Rubio and Al Lawson and signed by 24 lawmakers.

It also called for the U.S. Trade Representative to investigate possible new import restrictions to Mexican agricultural products.

Read related: Tomato growers grapple with Ian aftermath

The petition stated that Mexico’s “predatory trade policies” are causing Florida’s market share to decline and have weakened Florida’s agriculture industry over the past 20 years.

In announcing its decision to reject the petition on Oct. 24, the Office of the U.S. Trade Representative said, “Due to the complexities of the factual and legal issues raised in the petition, the U.S. Trade Representative could not conclude during the 45-day statutory review period that an investigation would be effective. …”

However, the office did agree to establish in coordination with USDA, “a private-sector industry advisory panel to recommend measures to promote the competitiveness of producers of seasonal and perishable produce in the southeastern U.S.”

Rubio said in a statement that he was pleased that Ambassador Tai has committed to work with the produce industry and its supporters “to develop effective trade remedies that will hold Mexico accountable.”

Grower Spencer said it has been frustrating to see many of his competitors go out of business over the years because of failure of the Commerce Department and the U.S. Trade Representative to enforce rules and regulations.

“We had a little bit of support during the Trump Administration,” he said, “but we haven’t had much support from the Commerce Department and the Trade Representative’s office in the last two years.”

The Nogales, Ariz.-based Fresh Produce Association of the Americas, which represents U.S. importers of Mexican produce, supported Tai’s decision.

“The claim was meritless from the onset,” FPAA president Lance Jungmeyer said in a news release. “USTR absolutely made the right decision to reject the baseless request from Senator Rubio, who has made this an election-year issue.”
 

 

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