The exchanges consulted with Mexican producers/exporters of fresh tomatoes and ETPs and reviewed stakeholder comments on the proposed suspension of the anti-dumping investigation. In accordance with section 734 (c) of the Act, we found that, in this case, there are exceptional circumstances within the meaning of section 734 (c) (2) (A) of the Act. Any violation of the terms of this agreement by a PACA licensee may be considered by the PACA service to be „unfair behaviour“ in accordance with the PACA. [44] Trade, a signatory or any other interested person may submit a written notification to the Minister of Agriculture of an alleged violation of the ACAP, pursuant to Section 6, Point B), ACAP (7 U.S.C 499f.b).) Upon receipt of a written notification, the PACA Division reviews the allegation and examines whether further investigations, the issuance of a letter of formal notice or an administrative remedy are warranted. If a PACA licensee does not cooperate with an ongoing investigation, this may result in the suspension of the licence and the publication of that licence. When an administrative remedy is brought, an administrative judge`s finding that a PACA licensee or a licensed body has committed repeated and flagrant violations of the ACAP may result in the assessment of a civil sanction or the suspension or revocation of the PACA licence and/or its publication. The following licensing and employment restrictions are imposed by the PACA division. Notification of disciplinary action against a licensee or a licensed body is made public. The Ministry of Commerce has suspended the investigation into anti-dumping duties on fresh tomatoes from Mexico. This measure is based on an agreement between trade and the signatory exporting producers, which essentially constitute all imports of fresh tomatoes from Mexico and which completely eliminate the adverse effects of exports of these products to the United States. On February 6, 2019, Commerce informed the Mexican signatories, in accordance with Section VI.B of the 2013 agreement, that Commerce intended to withdraw from the 2013 agreement, denounce sunset and administration reviews and reopen the investigation into AD tariffs. [24] Since the notification, as noted above, Commerce has consulted with representatives of CAADES et al.

and the domestic industry to discuss a possible suspension agreement. On August 15, 2012, some producers/exporters of fresh tomatoes from Mexico sent a letter to trade requesting consultations in accordance with Section IV.G [9] of the 2008 agreement, and Trade agreed to consult. Following these consultations, on February 2, 2013, Mexican tomato/exporting trade and producers, who account for a significant percentage of all fresh tomatoes imported from Mexico to the United States, submitted a draft agreement that would suspend a new AD survey of fresh tomatoes from Mexico. On February 8, 2013, Commerce issued a letter of intent to denounce the 2008 agreement in which the intention to terminate the five-year review of the suspended investigation and the intention to reopen the AD investigation. [10] On March 1, 2013, Commerce issued a denunciation of the 2008 agreement, the closing of the five-year review of the suspended investigation and the reopening of the AD investigation. [11] On March 4, 2013, trade and exporting producers, which accounted for most of all fresh tomato imports from Mexico, signed a new suspension agreement (2013) from Start Printed Page 49988. [12] (ii) special regime for determining regional industry.