A petition filed Dec. 31 could result in the imposition of antidumping duties on imports of fresh winter strawberries from Mexico.
Scope
Strawberries covered by the scope of this petition include all fresh and chilled winter strawberries harvested in or entered from Mexico during the period Oct. 1 – March 31. Winter strawberries are primarily used for consumption, either directly or in sweet and savory cooked dishes and baked goods. Their appearance may vary but they are typically red in color with three serrated leaflets and white blooms with yellow stamens and pistils.
The petition covers winter strawberries that are stemmed or de-stemmed and imported in bulk, loose form and in individual packaging for retail sale. The scope includes all winter strawberries regardless of their color, grade, shape, size, or packaging. They may be organic or non-organic and may be cleaned, coated, washed, waxed, inspected, subjected to metal detection, or vacuum-cooled.
Subject strawberries may be cooled prior to packaging and importation to retain freshness. Their production process includes soil treatment, irrigation installation, planting of starter plants, maintenance, fertilization, and harvesting, typically from November through March depending on the type of strawberry and planting date.
Imports of winter strawberries are primarily classified under HTSUS subheadings 0810.10.4040 and 0110.10.4080 but may also be entered under other HTSUS codes, such as subheading 0810.10.4090 utilized prior to 2024.
AD/CVD Duty Rates
The petition alleges that subject goods are being sold in the U.S. market at less than normal value at a margin of 116.69 percent.
However, importers are typically liable for the payment of AD/CVD duties at the alleged rates only when importing from foreign producers or exporters that fail to cooperate with AD/CVD investigations by the Department of Commerce and International Trade Commission. Lower rates are often assigned to imports from cooperative entities.
Next Steps
The DOC and the ITC will consider this petition and quickly launch investigations to determine dumping margins and potential injury to the U.S. domestic industry, respectively. Preliminary determinations are due around Feb. 16 for the ITC and June 9 for the DOC, although these dates may be extended.
If these preliminary determinations are affirmative, U.S. importers will be required to post AD cash deposits for all entries of subject goods entered on or after the date the DOC determinations are published. However, in certain circumstances duties could be owed three months prior to these dates. In addition, preliminary cash deposit rates can change in the final DOC determinations.
Many important issues affecting coverage, duty rates, and other considerations are argued and decided in the early stages of AD/CVD proceedings before preliminary determinations are issued. Companies that strategically engage in these early stages are thus best positioned to protect their interests and mitigate any potential duty liability. For more information, please contact Sandler, Travis & Rosenberg.
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