Florida Tomato Exchange Moves to Toss Its Challenge to AD Suspension Agreement
The Florida Tomato Exchange, plaintiff in a case challenging an antidumping duty suspension agreement, moved to voluntarily drop its case, in an Aug. 29 motion at the Court of International Trade. The case was stayed pending resolution of another similar challenge led by Jem D. The U.S. Court of Appeals for the Federal Circuit affirmed the trade court's dismissal of the Jem D case, which included a challenge to the termination of the 2013 suspension agreement over imports of fresh tomatoes from Mexico (The Florida Tomato Exchange v. United States, CIT #13-00148).
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In April, the Federal Circuit tossed the Jem D case along with other challenges to the 2013 agreement brought by Confederacion de Asociaconies Agricolas del Estado de Sinaloa (CAADES) and Bioparques (see 2204140067). The court said in the CAADES case that there was no plausible claim on which the trade court could have granted the requested relief, and that, similarly, in the Bioparques case, challenges to the 2013 agreement and the 2019 agreement that replaced the 2013 agreement, must be tossed since Bioparques stated no claim on which relief can be granted.
"Given these decisions by the Federal Circuit, FTE no longer wishes to pursue this appeal of Court No. 13-148," the motion to dismiss said.