In response to the termination of the U.S.–Mexico Tomato Suspension Agreement, Mexico has implemented a multi-step export scheme to protect its growers, maintain competitiveness, and ensure fair trade. The framework introduces certification, registration, and pricing controls that set a new standard for agricultural exports in North America.

Mexico’s new tomato export scheme establishes a transparent, accountable system for international tomato trade. Through certification, registration, pricing controls, and enforcement, it sets a new benchmark for agricultural export policy across North America.

Presentations

New Tomato Export Scheme

Presentation by Lola Aguirre, Aguirre y Associados, S.C., September 2025

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A Brief Introduction to U.S. Antidumping Reviews

Presentation by Jeffrey M. Winton, Winton & Chapman PLLC, September 2025

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Implementation Framework

Exporters must obtain CRRS certification from SENASICA, Mexico’s food safety authority.
This includes:

  • Technical evaluation of production or packaging units.
  • Annual certification per unit.
  • Mandatory for obtaining the Adhesion Notice.

Issued by authorized Growers’ Associations (e.g., AMHPAC, CIDH-CAADES, CABC, APHYM, SPT), this certificate:

  • Is valid for two months and must be renewed regularly.
  • Requires submission of signed Addendums with Selling Agents.
  • Is essential for maintaining registration with the National Registry of Fresh Tomato Exporters (RNETF).

All exporters must be registered with the Ministry of Economy’s RNETF:

  • Exporter numbers are assigned.
  • Registration must be maintained throughout the validity of the Export License.
  • Non-compliance leads to cancellation of registration, Adhesion Notice, and Export License.

Exporters must obtain an Adhesion Notice from SENASICA confirming participation in the Good Practices Program for production and packaging units.

Exporters must hold a valid Export License from the Ministry of Economy:

  • Required for all destinations.
  • Dependent on valid Exporter Certificate, RNETF registration, and Adhesion Notice.

Established on August 8, 2025, and amended on September 2, MEPs are designed to:

  • Prevent price distortions and dumping.
  • Include production costs, profit margin, packaging, freight, and customs.
  • Apply to all first sales, including those by selling agents or affiliates.

Effective August 8, 2025 (amended September 2, 2025)

  • Complaint Mechanism: Exporters and selling agents may be audited based on complaints.
  • Fresh Tomato Defense Committee: Reviews audit findings and collaborates with the Ministry of Economy.
  • Penalties: Non-compliance may result in cancellation of RNETF registration and Export License. Re-registration is prohibited for 8 months.

  • Exporters must ensure compliance with MEPs across all sales channels.
  • Contracts must include Addendums reflecting MEP terms.
  • Violations may trigger disciplinary action under the U.S. Perishable Agricultural Commodities Act (PACA).

  • A 17.09% ADD applies to Mexican tomato exports to the U.S. (The 17.09% is only a deposit. The final duty will be determined through an annual review process and may be higher than 17.09%. It is possible that the individual companies will be selected for examination in the review through a sampling process.)
  • Marketers must support growers by covering the full duty.
  • Retailers and importers must acknowledge the full ADD to avoid supply disruptions.