USDA Inspections of Mexican Tomatoes to Begin in April

Inspection requirements for most tomatoes from Mexico will begin April 6, the Commerce Department said in a notice. On that date, the U.S. Department of Agriculture will begin inspecting Mexican tomatoes for quality and condition defects, per the terms of a suspension agreement finalized in September (see 1909190068) that halted imposition of antidumping duties on fresh tomatoes from Mexico (A-201-820).

“Beginning 60 days from the date of publication of this notice, all Fresh Tomatoes from Mexico, with the exception of Tomatoes on the Vine, Specialty tomatoes, and grape tomatoes in retail packages of 2 pounds or less, shall be subject to a USDA inspection for quality and condition defects consistent with Section VII.C of the 2019 Suspension Agreement, and in accordance with USDA procedures as determined by USDA,” Commerce said in its notice. The agency had to wait six months before implementing the inspection program, which was “developed by USDA, in consultation with Commerce,” it said.

Importers are responsible for all USDA inspection fees. The new inspection program requires that all Mexican tomatoes covered by the agreement grade to at least U.S. No. 2 of the relevant U.S. Standard for Grades. “USDA will perform inspections (an unrestricted certification) in accordance with its normal practice to determine quality, condition, and grade pursuant to the appropriate USDA standard covering fresh tomatoes and greenhouse tomatoes and using shipping point tolerances,” the notice said.

“After the USDA inspection, the importer will receive an inspection certificate, which must be maintained by the importer and is subject to submission to, and verification by, Commerce, consistent with the importer’s contractual obligation with the Signatory,” Commerce said. “If a lot of Signatory tomatoes has more defects than the tolerances established in the USDA standards, then the importer may opt either to recondition and re-inspect the lot, or return it to Mexico, consistent with the requirements of the 2019 Suspension Agreement,” it said.

The suspension agreement also includes new labeling, quarterly certification and verification requirements. Intentional violations are punishable with penalties under 19 USC 1592 at an amount not to exceed the domestic value of the merchandise.

(Federal Register 02/04/20)