NatureSweet responds after ruling by U.S. Court of International Trade that invalidates tax on tomato imports from Mexico

Vertically integrated controlled environment agricultural company and snacking tomato brand NatureSweet applauds the recent decision by the U.S. Court of International Trade which invalidated a 2019 determination by the U.S. Department of Commerce that exporters of fresh tomatoes had “dumped” product into the U.S. from Mexico, requiring Commerce to reconsider whether dumping actually occurred and, if so, what duty rates apply.

U.S. buyers and importers are pleased that the court determined Commerce may not apply steep duties of more than 30% on imports of Mexican tomatoes into the U.S.

The court decision is straightforward and clear, NatureSweet said. According to Skip Hulett, VP and general counsel for NatureSweet, the court did rule that Commerce’s final determination was not in accordance with the law and therefore invalid. The court stated that Commerce’s final investigation, in which it selected new parties for individual examination and examined sales from a wholly new period of time, violated the basic statutory requirement that Commerce resume and finish its original investigation from 1995.

Contrary to the Florida Tomato Exchange’s recent bluster, this is not a procedural decision, NatureSweet added. The court invalidated Commerce’s final determination as unlawful and told Commerce to “redo” its investigation. Therefore, there's been no final determination that dumping has occurred at any time. Based on the shortages that occurred this past winter with accompanying record-high prices charged in the U.S., the evidence continues to indicate that Mexican tomatoes are not being dumped and are critical to feeding American families, NatureSweet said.

"Instead of innovating to meet the growing U.S. demand for high-quality, vine-ripened tomatoes, Florida growers are demanding high tariffs to raise prices further to control market share, even though inflation continues to stretch Americans’ pocketbooks," NatureSweet said in a statement. "We regret that the Florida growers have prioritized their profits over the needs of hungry Americans."