Since the 2002 agreement would no longer essentially cover all imports of fresh tomatoes from Mexico, Trade issued a Memorandum of Understanding ending the 2002 agreement, in which the intention to end the five-year review of the suspended investigation and intend to reopen the AD investigation. [6] On 16 January 22, 2008, Trade signed a new suspension agreement (2008 agreement) with producers/exporters (2008 agreement) with producers/exporters, who accounted for essentially all imports of fresh tomatoes from Mexico. [8] 8. As part of a contractual agreement, the signatories require their sellers to respond to business enquiries regarding the sale of tomatoes of any type of tomato signatories. The trade conducts a maximum of 40 outlets in the sample each quarter, within 30 days of the end of each quarter, from which information must be obtained. For good reason, the trade can be set up all after inspections in accordance with Section VII. C to test more than 40 distribution agents in accordance with this paragraph. The trade requires information, including: the date during the quarter in which it entered into a contract to sell signatory tomatoes, the name of the signatory, the amount of tomatoes to be delivered under this contract and the price and letter of the seller to the buyer before the season. The seller selected in the sample provides the trade, each quarter, with the amount of signatures it has brought by each signatory and the amount of signature tomatoes it sells on behalf of each signatory and, if applicable, USDA inspection reports for necessary inspections in accordance with Section VII.C; registrations in support of the return or destruction of tomato lots in accordance with these inspections. Each seller selected in the sample must also provide the trade with a list of each signed tomato sale it makes to a buyer during the quarter, including the buyer`s name, the quantity sold by category of tomatoes and the price. All information must be transmitted electronically to commerce, including Microsoft Excel`s statement of all data it contains. Sellers selected for sampling in accordance with this paragraph have a minimum of 30 days to disclose the information requested by the trade.

6. When calculating the transaction price for lots subject to a right to adjust to quality and status defects within the meaning of the case defined above, tomatoes classified as DEFECTIVE are considered rejected and not sold.

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Last Modified: November 27, 2020