The purpose of this Annex is to explain how the selling price of signatory tomatoes is controlled due to certain changes in post-shipment status after USDA inspection to destinations (e.g. B destination facilities). In the event of refusal of a sublot, the net selling price of all tomatoes accepted in the lot shall give rise to a unit price equal to or greater than 100% of the applicable reference price set out in Appendix A, less usda unit inspection costs and unit transport costs attributable to the defective tomatoes. In such cases, the following formula must be followed: 51 In order to facilitate the verification of requests for change of condition after shipment, contracts between the signatory and the buyer (if there is no sales agent in the distribution chain) or between the signatory, the sales agent and the buyer must prove that all documents are completed within 15 working days of the USDA inspection. and that claims are resolved within 15 business days of the USDA inspection, unless the claim is forwarded to PACA for mediation. Failure to complete this documentation in a timely manner may constitute a breach of the agreement referred to in Section VIII.E.10. When presenting quarterly certificates in the context of the trade referred to in point VII.D.4, signatories must declare the number of lots for which claims have been granted for reasons of quality and condition, the total quantity of tomatoes destroyed, the total value of the claims granted and the total value of the payments made by the signatory and/or the seller to the buyer. 2. The Parties to this Agreement recognize that Mexican tomato producers and tomato exporters exporting to the United States become signatories to the Agreement in accordance with Mexican provisions. Signatories will fully comply with all requirements of Mexican regulations regarding identification, monitoring, verification and inspection by the competent Mexican authorities, including the Ministry of Economy (SECON), the Ministry of Agriculture (SAGARPA), the National Service of Food Health, Safety and Quality (SENASICA) of SAGARPA and Customs.
Signatory manufacturers must, through SECON, formally allocate quantities sold in Mexico to another party in order to obtain an export notification (i.e. aviso automático). In accordance with Mexican regulations, non-compliance entails the withdrawal of export privileges. In addition, the export of fresh tomatoes to the United States, under a signatory number other than its own signatory number, may result in the withdrawal of a signatory`s export permit to Mexico. For more information, see: enforcement.trade.gov/tomato. If the consignment contains errors of quality and condition greater than those described above and the consignee does not reject the entire tomato, the trade shall take account of certain adjustments to the transaction price. In particular, the signatory or seller may, where applicable, reimburse the buyer for the inspection costs listed on the USDA inspection certificate and the transportation costs attributable to the defective tomatoes. Pursuant to Section 734(c) of the 1930 Act, as amended (the Act) (19 U.S.C. 1673c(c)) and 19 CFR 351.208 (2018)  conclude the U.S. Department of Commerce (Commerce) and the producers/exporters of fresh tomatoes in Mexico (separate signatories; signatories) to this Agreement suspending the investigation into anti-dumping duties on fresh tomatoes from Mexico (Agreement).
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