Forms for the Agreement Suspending the Antidumping Duty Investigation on Fresh Tomatoes from Mexico

Forms for the 2019 Tomatoes Suspension Agreement

All Forms Submitted to the Department of Commerce for this Suspension Agreement must
comply with the AD/CVD Filing Requirements as stated in the Department's Regulations.

Sample Cover Letter for New Signatories

Use this sample as a template for a cover letter to the accession form.

Sample Form for New Signatories

Accession to the 2019 Agreement

A producer/exporter of Mexican tomatoes that wants to become a signatory to the Agreement should submit this form to the U.S. Department of Commerce. Upon receiving the accession request the U.S. Department of Commerce will issue the producer/exporter a signatory number. The producer/exporter name placed on this form must be identical to the producer/exporter name placed on the entry documentation presented to the U.S. Customs Service. In the event that the name of the producer/exporter changes, it should withdraw from the Agreement with respect to the old company name and submit an accession form for the new company name.

The 2019 Agreement Form

Quarterly Certification of Sales

Not later than 30 days after each quarter, each signatory will submit the following written statement to the U.S. Department of Commerce certifying that all sales during the most recently completed quarter were at net prices (after rebates, backbilling, discounts for quality and other claims) at or above the reference price and were not part of or related to any act or practice which would have the effect of holding the real price of the fresh tomatoes being sold (e.g., a bundling arrangement, discounts/free goods/financing package, swap, or other exchange). This is the form that signatories to the Agreement should use to submit their quarterly certification to the U.S. Department of Commerce.

Certification of Sales Form

Quarterly Certification Spreadsheet

Commerce requires data in this spreadsheet to be filled out by signatory producer/exporter and submitted with the quarterly certification form.

Certification Spreadsheet

Company Official Certification

This is a certification of accuracy. Providers of information and the person(s) submitting it, if different (e.g., a legal representative), must certify that they have read the submission and that the information submitted is accurate and complete. The Department of Commerce cannot accept submissions that do not contain the certification statements.

Company Official Certification Form

Certificate of Service

This form is used to certify that you have served the appropriate interested parties with a copy of any submission to the Department of Commerce. You must provide the certificate of service with each business proprietary version and public version submitted.

Certificate of Service Form

Quarterly Certification of No Exports

This form is used to certify that you did not export tomatoes during the most recently completed quarter.

Certification of No Exports Form

Tomatoes for Processing Exemption

This form is used when tomatoes are imported into the United States in order to be sent to a processing plant and not sold as fresh tomatoes.

Tomatoes for Processing Exemption Form

Notifying Canadian Customers

This form is used to notify Canadian customers that tomatoes are covered by the agreement and must be sold in accordance with the terms of the agreement.

Canadian Customers Notification Form

Accounting of Sales and Cost

Use this form to ensure adjustments are in compliance with Appendix D of the 2019 Agreement.

Accounting of Sales and Cost Form

Intent to Ship Tomatoes in New Pack Types (Individual Growers)

If a signatory producer/exporter intends to export subject merchandise to the United States in a box for which there is no average weight on the box-weight chart, the signatory producer/exporter shall notify Commerce in writing no later than 45 days prior to the date of the first export of such boxes to the United States. This is the form that must be used when notifying the Department of Commerce of any intent to ship tomatoes in specialty packs.

Intent to Ship Tomatoes in Boxes Form for Individual Growers

Intent to Ship Tomatoes in New Pack Types (Multiple Growers)

If multiple signatories intend to export subject merchandise to the United States in a box for which there is no average weight on the box-weight chart, the signatory producer/exporter shall notify Commerce in writing no later than 45 days prior to the date of the first export of such boxes to the United States. This is the form that must be used when notifying the Department of Commerce of any intent to ship tomatoes in specialty packs.

Intent to Ship Tomatoes in Boxes Form for Multiple Growers

Withdrawal from the Agreement

Producers/exporters of Mexican tomatoes that want to withdraw from the Suspension Agreement should submit this form to the Department of Commerce. Upon receiving the withdrawal request, the Department of Commerce will issue the producer/exporter a letter stating when the producer/exporter will be relieved of their obligations under the Agreement.

Withdrawal Form