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 February 1, 2018, Commerce opened a five-year investigation into the suspended investigation. [15] On March 29, 2018, the ETP requested that trade conduct an administrative review of fresh tomato producers/exporters from Mexico under the 2013 agreement. On May 2, 2018, Commerce launched the administrative review of the 2013 agreement. [16] On August 27, 2018, The Federal Registry Trade published the preliminary results of the five-year review of the suspended investigation. [17] Unlike a trader, a broker does not support the ownership or control of tomatoes, but makes the delivery directly to the seller or buyer. Since a broker never assumes ownership or control of tomatoes, the buyer and not the broker, he may require an inspection and only the buyer is entitled to any adjustments that result from it.

The inspection would take place at the buyer`s destination, as indicated in the broker`s contract with the seller. In accordance with the requirements of Section 734 (c) of the Act, in order to completely eliminate the adverse effects of exports to the United States and to avoid the removal or under-pricing of domestic fresh tomato prices, the reference prices are: -Detailed list of recovery costs for non-DEFECTIVE tomatoes and expenditure support documents; 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. 1. The unit price charged by the buyer for tomatoes accepted and paid by the buyer must not be less than the reference price, net of USDA unit control fees and unit transportation costs per unit attributable to defective tomatoes, in accordance with the above formula. When a signatory intends to export items to a box for which there is no average weight on the chart, the signatory communicates the trade in writing no later than five business days before the date of the first export of these boxes to the United States.