New Rules Clarify Which Mexican Tomatoes Face US Duties
Published Date: 2/18/2026
Notice
Summary
The U.S. Department of Commerce has finalized new rules clarifying which fresh tomatoes from Mexico are covered by antidumping duties starting July 14, 2025. This update mainly affects tomato importers and processors, adding extra certification steps to make sure only the right tomatoes get taxed. These changes aim to keep trade fair and protect U.S. growers while making the rules clearer for everyone.
Analyzed Economic Effects
6 provisions identified: 0 benefits, 5 costs, 1 mixed.
New Certification Required for Processing Imports
If you import fresh tomatoes from Mexico for processing, your shipments must be accompanied by USDA Form SC-6 and a Commerce "Processing Tomatoes Certification Form" beginning July 14, 2025. These certifications are required so those tomatoes can be treated as excluded from the antidumping duty order.
Upload Certifications to CBP ACE When Filing
Importers must upload the SC-6 and Processing Tomatoes Certification Form into U.S. Customs and Border Protection's ACE document imaging system at the time the entry summary is filed. The certifications must be completed, signed, and dated by that filing time.
Five-Year Recordkeeping and Possible Verification
Importers and processors must keep copies of the certifications and supporting documents for five years and present them to CBP upon request; Commerce and/or CBP may verify the claims in those certifications. Both the importer (or its agent) and the processor must maintain copies for five years.
Which Tomatoes Are Covered or Excluded
The antidumping duty order covers all fresh tomatoes from Mexico (HTSUS 0702) except tomatoes imported for processing; imports for processing are excluded only if accompanied by SC-6 and the Processing Tomatoes Certification Form. Tomatoes imported for cutting up (for fresh salsa or salad bars) are covered by the order whether or not accompanied by an SC-6.
Importer Must Certify — Brokers Cannot Certify
The importer (not the importer's agent or broker) must complete and sign the required certifications; agents may upload documents but are not permitted to certify on behalf of the importer. Importers should obtain the entry summary number from their broker if one is used.
Use AD/CVD Declaration Code on Entry Summary
When filing the entry summary, importers must identify certified entries using the importers' additional declaration (record 54) AD/CVD Certification Designation (type code 06). This coding is required at the time of filing.
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