CIT Denies Request for Injunction Blocking Mexico Tomato Duties

The Court of International Trade rejected a bid by Mexican tomato growers for an injunction halting the Commerce Department’s withdrawal from an antidumping duty suspension agreement, in a decision issued June 6. The Mexican growers had asked CIT for a court order stopping Commerce from suspending liquidation, collecting cash deposits and resuming its 1996 AD duty investigation on fresh tomatoes from Mexico (see 1905140026), at least while the trade court considers the growers’ broader challenge to Commerce’s withdrawal from the 2013 accord (see 1905100054). CIT ruled that the Mexican growers are unlikely to prevail in the broader case, because Commerce likely acted within its authority to voluntarily withdraw from suspension agreements with 90 days’ notice. It also said the growers did not prove irreparable harm or that the hardships to the growers outweigh the hardships to domestic industry.