W. “Working Group” means the joint working group established on 23 August 2013 between the Mexican tomato industry and the Mexican government to regularly monitor and compare data on fresh tomato exports from Mexico and to identify and correct inconsistencies or irregularities. On 26 November 2007, certain tomato producers/exporters in Mexico, which represent a significant percentage of all fresh tomatoes imported into the United States, informed trade in writing of their withdrawal from the 2002 Agreement, which takes effect 90 days after the date of their withdrawal letter (i.e. 24 February 2008) or earlier at the discretion of the trade. Signatories can obtain on the Commerce website an example of the “2019 Suspension Agreement – Tomatoes for Processing Exemption Form”. See enforcement.trade.gov/tomato. If a party in the United States facilitates the transaction, each signatory shall, by contractual agreement, require the party to follow the procedures described above. Failure to properly document sales to subcontractors may constitute a breach of the agreement referred to in section VIII.E.12. 11. Sale in Canada of the Signatory`s tomatoes in a manner inconsistent with the requirements of Annex E to this Agreement. 4.
No later than thirty days after the end of each quarter[43], each signatory must present a certificate to trade. Through a contractual agreement, signatories require their sales agents to provide the necessary information to be included in the quarterly certification of signatories. Each signatory undertakes to authorise a complete revision of its certification if the trade deems it necessary. Signatories can obtain a copy of the forms proposed for the submission of quarterly certification information on the trade website at the following address enforcement.trade.gov/tomato. Quarterly certifications must be submitted to commerce in electronic form, including Microsoft Excel reports of all data contained therein. The certification must include: if the normal value is based on the normal value, the trade shall calculate the yield values (CV) for each growing season, based, where appropriate, on the sum of the cultivation and harvest costs of each respondent for each type of tomato, plus the sales amounts, general and administrative (SG&A) costs, US packaging costs and profits. Commerce collects these cost data for an entire growing season to determine the exact CV per unit of that growing season….