USMEF South American Expo (Click to download PDF form) | Mexico | Updating:...

USMEF South American Expo (Click to download PDF form)

USMEF is working to make additional information and materials regarding the pork anti-dumping case available to its members as soon as possible.

On Tuesday, the Mexican government’s federal register, the Diario Oficial,  announced that an antidumping investigation was being initiated against imports of U.S. pork from April 1-September 30, 2002. The investigation was called for by Mexican Pork Council, Consejo Mexicano de Porcicultura (CMP) and apparently does not include pork variety meat, while covering virtually all other U.S. pork products. The official announcement is available online at http://www.segob.gob.mx/dof/dof_07-01-2003.pdf and begins on page 26 of this document. A preliminary translation – in which there may be still be interpretation errors – is available at http//www.usmef.org/Misc_News/03_0107_MexAntiDump_sp.pdf and a preliminary evaluation of the situation by the USDA Foreign Agricultural Service office in Mexico City is available at http://www.fas.usda.gov/gainfiles/200301/145785049.pdf

Important dates:

·    Publication date: January 7, 2003.

·    Effective date: January 8, 2003

·    Initial SECOFI questionnaires must be submitted within 30 working days from publication date of this official announcement, or by 14:00 hours February 19, 2003.

·    Announcement of preliminary determination will be within 130 days from January 8. Duties could be initiated effective this date, or, if a “surge in exports” is noted prior to the preliminary determination, duties could be applied retroactively for 90 days prior to the preliminary decision.

·    Public hearing is slated for Nov. 7.

·    Final determination would be made by Feb. 10, 2004.

Products affected: Pork meat, merchandise classified in tariff codes 0203.11.01, 0203.12.01, 0203.19.99, 0203.21.01, 0203.22.01 and 0203.29.99.

Method of determining damage: CMP said traditional methods of determining value of U.S. pork were invalid and instead argues for a comparison of export prices to a third party, in this case Japan, as the appropriate method for establishing damage. CMP isn’t asking for reparation of past damage, but asks instead to be protected from all future damage through the establishment of duties based damage during the period of investigation.

Still not answered: Will all U.S. firms be affected, or just those named? In the beef dumping case, all companies – even those not exporting to Mexico at the time of the investigation – were impacted by duties. In most cases, those not providing information were hardest hit. Also unknown at the moment is what type of information will be required and from whom.

This action comes at a time when many agricultural groups are calling on the Mexican government to renegotiate NAFTA agreements.

USMEF held a preliminary conference call with packer members Thursday and continues to confer with the National Pork Producers Council (NPPC), the American Meat Institute (AMI), and the U.S. Department of Agriculture (USDA) to consider a concerted reaction, including legal action, by the U.S. pork industry. A previously-arranged meeting between these groups and CMP officials in Washington, D.C., Monday will provide an opportunity for further discussion.