U.S. Launches Review on Fresh Tomato Imports from Mexico
Estimated reading time: 6–9 minutes
Date: 2026-01-26
The U.S. International Trade Commission (ITC) announced on January 21, 2026, that it will begin a review of its earlier decision in Investigation No. 731-TA-747 (Final), regarding fresh tomatoes from Mexico.
This review is being conducted under Section 751(b) of the Tariff Act of 1930 (19 U.S.C. 1675(b)). The purpose is to determine if removing the antidumping duty order on imports of fresh tomatoes from Mexico would harm the U.S. industry again.
Fresh tomatoes from Mexico are listed under heading 0702.00 of the U.S. Harmonized Tariff Schedule.
Background
The original investigation started on April 1, 1996. The complaint was filed by several U.S. tomato associations. They believed that low-priced Mexican tomatoes were hurting U.S. growers.
A suspension agreement was reached with Mexican exporters on October 28, 1996. This paused the legal investigation as the Mexican companies agreed to change pricing practices.
Several times over the years, the agreement was ended and resumed. Investigations were restarted and then suspended following new agreements. The action repeated in 2002, 2008, 2013, and 2019.
In 2019, Commerce and the ITC both made affirmative decisions, agreeing that Mexican imports were causing harm. However, because a new suspension agreement was signed on September 19, 2019, no antidumping duty was placed.
Most recently, the 2019 agreement was terminated on July 14, 2025. An official antidumping duty order was then issued.
Request for Review
On May 9, 2025, three Mexican producers—Bioparques de Occidente, Agricola La Primavera, and Kaliroy Fresh—asked the Commission to review its 2019 decision. They said the market has changed since then.
These groups claimed there have been shifts in U.S. demand and in growing techniques. U.S. customers now prefer different types of tomatoes. U.S. and Canadian growers have invested heavily in greenhouse farming, making the market more diverse.
Also, U.S. producers have invested in growing facilities in Mexico to support year-round demand.
On June 18, 2025, the ITC published a notice in the Federal Register, asking for public comments.
Six submissions supported opening a review. They included industry groups from both Mexico and the U.S., as well as Canadian companies. The Florida Tomato Exchange opposed the review.
After reviewing the comments, the ITC decided that there is enough evidence of changed market conditions to begin a formal review.
Commission Votes
Chair Karpel opposed starting the review, saying the changes were not enough. Commissioner Kearns supported the review. Commissioner Johanson did not vote. By rule, a tied vote among participating Commissioners is enough to allow a review to proceed.
Case Schedule
Key dates for the investigation are now set:
- The staff report (nonpublic version) will be released on April 29, 2026.
- A public version will be released later.
- A hearing will take place on May 19, 2026.
- Requests to appear at the hearing must be filed by May 14, 2026.
- A prehearing conference will be held on May 15, 2026.
- Prehearing briefs are due May 8, 2026.
- Posthearing briefs are due May 28, 2026.
- Final party comments on all evidence are due June 25, 2026.
Hearing and Filings
All filings must be made electronically through the ITC’s EDIS system: https://edis.usitc.gov.
No paper filings will be accepted.
Parties may request to testify remotely. These requests must be submitted with the hearing request and must explain why the witness cannot appear in person.
Business proprietary information will only be shared with parties granted access under an administrative protective order. Applications must be submitted at least 21 days before the hearing.
Conclusion
The ITC will review the potential impacts of lifting current duties on Mexican fresh tomatoes. This decision could affect trade, prices, and competition in the U.S. tomato market. The outcome depends on whether the market changes raised by the Mexican parties are supported by data and justify changing the current policy.
Legal Disclaimer
This article includes content collected from the Federal Register (federalregister.gov). The content is not an official government publication. This article is for informational purposes only and does not constitute legal advice. For case-specific consultation, please contact us. Read our full Legal Disclaimer, which also includes information on translation accuracy.
