Fresh Tomatoes from Mexico: New Draft Suspension Agreement

The Department of Commerce (DOC) posted notice of a draft agreement with Mexican tomato growers to suspend the ongoing antidumping (AD) investigation of fresh tomatoes from Mexico.

The draft suspension agreement:

  • Eliminates the injurious effects of Mexican tomatoes, as well as price suppression and undercutting.
  • It sets reference prices for imported tomatoes, with rounds and romas at $0.31/lb., stem-on tomatoes at $0.46/lb., tomatoes on the vine at $0.50/lb., specialty loose tomatoes at $0.49/lb., and specialty packed tomatoes at $0.59/lb. Organic tomatoes are priced 40% higher than non-organics.
  • Loopholes from past suspension agreements permitting sales below the reference prices were closed, and an inspection mechanism preventing the importation of low-quality, poor-condition tomatoes from Mexico was added.
  • Allows the DOC to audit up to 80 Mexican tomato producers per quarter.

This draft agreement is meant to replace the 2013 Suspension Agreement, which was terminated on May 7, 2019, and Commerce (DOC) continuing their antidumping (AD) investigation.

If you have any questions regarding the update on Fresh Tomatoes from Mexico, Livingston can help!  Please contact either your Livingston account manager or our regulatory affairs department at