Today`s action follows a request from the Florida Tomato Exchange on November 14, 2018, that Trade denounces the 2013 suspension agreement for fresh tomatoes from Mexico. On February 6, 2019, Commerce informed the Mexican signatories that they would withdraw from the 2013 suspension agreement. On May 7, 2019, the 2013 suspension agreement was denounced, so Commerce continued its investigation into imports of fresh tomatoes from Mexico. The Florida Tomato Exchange (FTE) also weighed in on the recent agreement, calling the new agreement a positive development and issued a statement praising the efforts of the U.S. Department of Commerce and Mexican tomato exporters. Although the overall response to the new agreement has been positive, some concerns have been expressed about the impact of border controls. After the agreement was signed after a 30-day delay, reactions to border controls intensified and the APAA described it as a „method of controlling quotas or volume“. Some U.S.-Growers were not optimistic about the agreement and said that the agreements had not been useful in the past and that they would probably not be useful now. The buyer may refuse the full amount of tomatoes if the lot contains more than 35 percent quality and condition errors, as shown in the A.5 section diagrams based on a USDA test certificate. In addition, the signatory (both for direct and indirect sales through one or more sales agents) must bear all expenses related to the return of the entire lot in Mexico. Such rejected lots must not be sold, donated or destroyed in the United States. The trade may, at any time, request all documents relating to these refusals and the signatories agree to make all documents available. 38.
For the purposes of the agreement, a batch is defined as a grouping of tomatoes in a given batch, distinct from the type of packaging. B. Each signatory will indicate its cartons containing items exported to the United States of its name, the number of signatories identification and a statement that „these tomatoes were grown/exported by a signatory to the 2019 suspension agreement.“  If the signatory who exports the goods of the person concerned differs from the unit that produced the goods concerned, he will mark the boxes with his name and identification number of the signatory. Each signatory will also mark their boxes with the type of tomato sent into the box, i.e. round, Roma, Specialty, Stem On or tomatoes on the vine. The TSA provides for mandatory border controls and voluntary checks at the destination. At the border, USDA will inspect all round tomatoes, roma and grapes in large quantities (over 2 pounds). At destination, USDA can inspect all TSA tomatoes on request. K. „round“ refers to fresh, round, ripe or pure green tomatoes with no stem on tomatoes, regardless of the growing method or type of packaging. S.
„tomatoes on the vine“: any type of fresh tomatoes, with the exception of specialties in which there are two or more tomatoes, usually in a cluster, the vine being fixed; these tomatoes include unique tomatoes of the same type found in the same package with tomato clusters. Robert Guenther, United Fresh`s senior vice president of public policy, also sees the agreement as a step toward balancing the United States and Mexico. one. In concluding this agreement, the signatories do not accept that exports of fresh tomatoes from Mexico have had or have adversely affected fresh tomato producers in the United States, suppressed or underestimated prices, or were sold at a lower value.