ITC Votes No Injury From Blueberry Imports, Ending Safeguard Investigation

Blueberries will escape Section 201 safeguards, after the International Trade Commission on Feb. 11 voted that the domestic blueberry industry isn’t injured by a flood of imports. As a result of the ITC’s negative injury finding, the commission’s investigation will end, and it will not recommend any import restrictions to the president.

Blueberries “are not being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or threat of serious injury, to the domestic industry producing an article like or directly competitive with the imported article in the United States,” the ITC found. The vote was a unanimous 5-0. The ITC had begun the investigation in September (see 2009020016), at the request of then-U.S. Trade Representative Robert Lighthizer.

Mexican and Canadian growers could have been most affected by any safeguard tariffs, as the two top growers that share the U.S. growing season. U.S. growers that supported the investigation had called for a marketing agreement -- illegal under World Trade Organization rules -- to limit imports during the U.S. growing season (see 2010080041).

The Fresh Produce Association of the Americas, which represents distributors and suppliers of Mexican produce, tweeted Feb. 11 that the ITC’s vote is “great news for [blueberry] importers & foreign producers!”

In a statement issued later that day, FPAA President Lance Jungmeyer said the ITC vote augured well for USMCA’s future prospects. “Had the ITC tagged Mexico or Canada for injury or trade remedies, this could have unraveled the promise of the trade agreement, because the proposal to a have seasonal produce tariffs was rejected by USMCA negotiators,” he said. Nonetheless, FPAA “remains extremely concerned by the number of trade investigations opened recently by USTR on imported produce, especially key commodities from Mexico, our number one trade partner,” the trade group said, citing other ongoing safeguard investigations on bell peppers, strawberries, squash, cucumbers and raspberries.

The Canadian government also applauded the decision. “Canada is pleased with the USITC ruling that imports of fresh and frozen blueberries do not contribute to serious injury to the U.S. industry,” a spokesperson from Global Affairs Canada said. “This is especially welcome news for the Canadian blueberry industry, which sustains good, middle-class jobs and provides economic opportunities for communities across our country.”

The Blueberry Coalition for Progress & Health -- a group of growers and importers recently formed to oppose the safeguards -- said the vote was a victory for consumers. “The U.S. blueberry industry is healthy and thriving. Together with imports, the U.S. industry is working hard to keep up with the year-round and growing marketplace demand for this healthy and nutritious fruit,” the group said. “Restricting blueberry imports into the U.S. would have limited consumers’ access to these healthy, delicious, and nutritional berries with no benefit to U.S. producers,” it said, citing rising U.S. consumption of the fruit.

The British Columbia Blueberry Council said it is “pleased with the conclusion of this investigation following the commission’s review of the evidence.” Its chair, Jack Bates, said “now our members can focus on the growing year ahead, instead of being concerned with trade penalties.” The group’s finance committee chair, Jason Smith, said the vote means its longstanding cooperative relationship with the U.S. can continue. “The B.C. industry has been working with the U.S. industry for many years. This ruling shows the importance and recognition of our long history of working together for the betterment of both of our industries.”

The Florida Blueberry Growers Association, which supported imposition of safeguards, did not comment.