Background

The Department of Commerce has announced that as of May 7 it intends to withdraw from a 2013 agreement suspending an antidumping duty investigation on fresh tomatoes from Mexico. Once the withdrawal occurs, the DOC and the International Trade Commission will complete their investigations to determine whether dumping is occurring and, if so, whether it is injuring a domestic industry. If both determinations are affirmative, an AD duty order will be issued.

Kristen Smith, who heads the Trade Remedies Practice Group for Sandler, Travis & Rosenberg, notes that despite similar withdrawals in the past the two sides have renegotiated new suspension agreements several times. While there could be negotiations this time as well, Smith says, the current trade environment is different and it is difficult to say what the end result may be.

For more information, please contact Kristen Smith at (202) 730-4965.

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