Mexican growers challenge Department of Commerce over Tomato Suspension Agreement

WASHINGTON, Feb. 25, 2019 /PRNewswire/ — The Mexican tomato growers today filed a complaint with the United States Court of International Trade challenging the U.S. Department of Commerce’s determination in the 2018 sunset review of the agreement suspending the antidumping investigation on imports of fresh tomatoes from Mexico.

The Mexican growers challenge whether the Commerce Department ever had the basis for conducting a review, as well as the specific findings the Commerce Department made in this case.

If the Mexican growers prevail, the court will order the Department to terminate the suspended investigation and return to a free market.

Robert LaRussa of Shearman and Sterling represents the Mexican tomato growers and made the following statement:

“Mexican tomato growers have been trying for one year to renegotiate an existing agreement with the Commerce Department that has brought variety, quality and sanity to the U.S. market for fresh tomatoes. That effort has been met by resistance by a small group of growers from Florida who have tried to kill the agreement through a variety of legal maneuvers.  Although our first preference is to negotiate, if we must fight this out at the Commerce Department, the International Trade Commission and in the courts to maintain a free and fair vegetable market for U.S. consumers then we will do so, as we did today.”