Usda Tomato Suspension Agreement

On November 14, 2018, the ETP asked Commerce to terminate the 2013 agreement and reopen the AD investigation in accordance with Section VI.B of the 2013 agreement. [18] Section VI.B of the 2013 agreement stipulated that „signatories or the department may revoke the agreement after 90 days of written notification to the other party.“ On November 27, 2018, the Fresh Produce Association of the Americas filed a rebuttal to rdT`s request for termination. [19] On November 26, 2018 and November 28, 2018, respectively, CAADES et al. responded to MDR`s earlier request to trade to terminate the 2013 agreement. [20 21] On 18 December 2018, NS Brands, Ltd (NatureSweet), a signatory to the 2013 agreement, submitted a letter in support of CAADES et al. on November 28, 2018, The Federal Registry Trade published the final results of the five-year review of the fresh tomato investigation from Mexico, and found that the closure of the investigation would likely lead to a continuation or further dumping. [23] D. Any violation of the terms of this agreement by a PACA licensee may be considered by the PACA service to be „unfair behaviour“ in accordance with the PACA. [44] Trade, a signatory or any 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.S.C 499f.b).) Upon receipt of a written notification, the PACA Division reviews the allegation and examines 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. The following licensing and employment restrictions are imposed by the PACA division.

Notification of disciplinary action against a licensee or a licensed body is made public. Unlike a trader, a broker does not support the ownership or control of tomatoes, but arranges delivery directly to the seller or buyer. Since a broker never assumes ownership or control of tomatoes, the buyer and not the broker, he may require an inspection and only the buyer is entitled to any adjustments that result from it.

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