Suspension Agreement Pdf

This is an agreement between the U.S. Department of Commerce (USDOC) and the signatory producers/exporters of fresh tomatoes grown in Mexico. The first suspension agreement on fresh tomatoes from Mexico came into force on 1 November 1996. THE USDOC and the Mexican signatories signed new agreements in 2002, 2008 and 2013; the last agreement was reached on 19 September 2019 and came into force. Since the 2002 agreement would no longer essentially cover all imports of fresh tomatoes from Mexico, Trade issued a Memorandum of Understanding ending the 2002 agreement, in which the intention to end the five-year review of the suspended investigation and intend to reopen the AD investigation. [6] On 16 January 22, 2008, Trade signed a new suspension agreement (2008 agreement) with producers/exporters (2008 agreement) with producers/exporters, who accounted for essentially all imports of fresh tomatoes from Mexico. [8] On August 15, 2012, some producers/exporters of fresh tomatoes in Mexico sent a letter to trade requesting consultations in accordance with Section IV.G [9] of the 2008 agreement, and Trade agreed to consult. Following these consultations, on February 2, 2013, Mexican tomato/exporting trade and producers, who account for a significant percentage of all fresh tomatoes imported from Mexico to the United States, submitted a draft agreement that would suspend a new AD survey of fresh tomatoes from Mexico. On February 8, 2013, Commerce issued a letter of intent to denounce the 2008 agreement in which the intention to terminate the five-year review of the suspended investigation and the intention to reopen the AD investigation. [10] On March 1, 2013, Commerce issued a denunciation of the 2008 agreement, the closing of the five-year review of the suspended investigation and the reopening of the AD investigation. [11] On March 4, 2013, trade and exporting producers, representing essentially all imports of fresh tomatoes from Mexico, signed a new suspension agreement (2013) of Start Printed Page 49988. [12] 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. On 10 October 1996, Trade and some Mexican exporting producers proposed an agreement to suspend the AD investigation.