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Tomato Suspension Agreement 2013

Under the agreement, processing tomatoes are not subject to the agreement, but must be sold directly to a processor (i.e., the first buyer in the United States must be a true processor). We also require signatories to inform the Canadian customer that any resale of products signed from Canada to the United States must be in accordance with the terms of the agreement and that all non-export point transportation or processing costs from Mexico must be added to the reference price and reflect the actual cost of a transaction in The Length of an Arm. Signatories can obtain a copy of the proposed form for the provision of such a notification on the ministry`s website. See “Notification Form to Canadian Customers that the resale of signatory goods to the United States is covered by the terms of the 2013 suspension agreement” in ia.ita.doc.gov/tomato/2013-agreement/documents/suggested_forms/. In addition, as part of a contractual agreement, each signatory must require the seller to provide supporting documentation in its records to demonstrate that the Canadian customer has been informed that any resale of products signed from Canada to the United States must be consistent with the terms of the agreement. 10. See Fresh Tomatoes from Mexico: Intent to Terminate Suspension Agreement and Resume Antidumping Investigation and Intention to Terminate Sunset Review, 78 FR 9366 (February 8, 2013). The suspension agreement completely eliminates the harmful effects of unwarranted Mexican tomatoes, prevents price declines and under-pricing, and essentially eliminates dumping, while trade can rightly examine up to 80 Mexican tomato producers and U.S. sellers per quarter or more. In addition, the agreement also contains loopholes in previous suspension agreements that, in certain circumstances, allowed sales below reference prices and includes a control mechanism to prevent the importation of low-quality and poorly conditioned tomatoes from Mexico, which can have depressing effects on the market. E. A violation of this agreement by a sales agent may also constitute an unfair business practice contrary to the PACA.

[5] The department, signatory or 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.C 499f(b) ]. Upon receipt of a written notification, the USDA will review the allegation and determine 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.

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