Jeumed ./A Agridulnrtil and AppliedI F.. -'a %. I~re qav 200-9


fresh tomatoes and put the antidumping case
on hold.110 V.mSickle (1 ^7) noted ihla this
agreement was to the benetit of jTtW.ers and
consumers in both Mexico and the United
States.

U.S.-Canadian Trade in G rretinh,,r'


On March 2t. 2001, a group of six U.S. gruen-
house growers of troeh tomatoes filed an an-
tiduniping petition" wih the ITC and the
D.', alleging that U.S. growers il green-
hoiusei tomatoes were being injured, or thr-aul-
ened wu i material injury, by reason of im-
ports of greenhouse tomatoes from Canada
(ITC 2001).
 In this case, the Inri issue to surface was
the dJ.-imeic like product issue. The sl.tauilry
standard for like product is "likL" or "'nII,).
similar in .harac.ceristisc and uses" and is de-
termined on a cJsc-hy -cUse basis. The DOC
and ITC can make separate determinations on
like piridutL Tlhe I )X' determines the subject
merchandise to be investigated in the case a in
this instance, rccrnlhu -traw ii tomatoes
Iromn Canada). and then the ITC determines
what domestic products are like the imported
merchandise. The DOC accepted the definition
in product as greenhouse-grown tomatoes
from Canada and the ITC used that delirinliun
in the preliminary ruling in Jd't.ccr-iuinin.g that
there was reasonable inJiL..tin that the do-
mestic industry was mutcriall. injured by rea-
son ol imports from Canada I.l r-cciinhluoc-
grown tomatoes that were alleged to he sold
in the United Stajic at LTFV .ITC .l200. p..
2). A negative uliimiL at this si.eL'C would have
required the II C to determine that "(1) the
record as a whole contains clear and convinc-

 Id. At Sh.th1.
 A petition Is required to be joined hy producers
who rep~neti 253% of the total pIoduction of the td
mestic Iluke product and s ,, of the ttal domestic lik
product produced by that poilm .1i the industry ex.
I' 'iiivt suppon for he peition If the petitin does
not r-italihh supporl of iore lthn 50' of the dtomrletiC
like product, then the IX )( must pll the irmlusry or
rely on ouher information to determine whether die re-
qlirrcd suppor exits. 19 U.S.C, pI Tl7a(c)(4Al ad
i )) and $11 ,'il i 14 '1 i \ and (D).


ing evidence that there is no material injury or
threat of snch injury: and (2) no likelihood
exists that contrary evidence will arise in a
final inrlt.1e .i.Aiinr" (ITC 2rH11, p. 3. In es-
sence, a negative would require that clear and
convincing evidence indicates lack of injur)
and that no other evidence is Iikel to Luif tIdL
contrary to that outcome.
 Gil~cn this preliminary outcome at the ITC.
the L[)C' and ITC launched separate inveii.
ca'lon, in the case to determine its merit. The
DOC launched its iiJI',tigIiii'n to determine
whether the subject merchandise, imported
rcnhfloul. tomatoes from C.in.ald,. were be'i i
sold in the U.S. market at LTFV. At the same
time, the ITC launched its investigation to de-
termine whether the domestic industry bi' the
like product was being injimed.
 Because this was an .inliltumping case
hlr.au;:ll by U.S. producers, the re'c.lnlihllI
of the IDOC was to determine A hclhcr the im-
ported product was being sold in the United
States at LTF. The DOC used the constructed
value approach or fair market value and es-
timated dumping nmarins r.anin'irf1 from 0 to
IS l4Wr .lila an ri tige for all others t
I itl', on imports of Canadian greenhouse
tomatoes in the period of in rligtil.i,.32
These results indicate that sales of gieenliou,.
tomatoes tiroU CianIada averaged 16.53% be-
low the constructed value cost if production.
 In its pre limtin>.r assessment, the ITC de-
iL'ctnlilIcLd ih domestic like product to be
greenhouse tomatoes, but reserved the righl to
re-examnine this LqI'iS4 *I'I dJIilini' the final phase
I,' the investigation. The ITC Iollcticd data
for Jnal'is iofthe facts related to inliirt in the
case Frini pthli-,cly reported sources and from
data submitted in response to the ITC quc.-
tionnaires. Table I summaries the data put
torili h- i he ITC in consideration of the con-
dition of the industry gi'icn the period of
inll' ."ligtiitni of 1')JX-2IM)). The e LiL1L: e in-
dicates ihati he U.S. market for greenhouse-
grown tomatoes had grown -rlnillc.,antl over
this IrlriLd. Irnlli -4(1I million pounds in I 99
to 511 million pounds in 20.)0, a 27.5.' in-

 I: Anmended Canadian Greenhouse Tominto Dump
ing \t.jr-n in, 67 Fed. Reg. al I" 2. (121)(2}.


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