In response to shifting trade dynamics and the termination of the U.S.–Mexico Tomato Suspension Agreement, Mexico has launched a comprehensive export scheme to safeguard its tomato industry, ensure fair pricing, and maintain competitiveness in international markets. This new framework is designed to enhance transparency, enforce compliance, and support growers across all scales. 

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 STEPS

Step 1: Certification in Contamination Risk Reduction Systems (CRRS) 

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.

Step 2: Exporter Certificate

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).

Step 3: Registration with 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.

Step 4: Adhesion Notice to Good Practices Program

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

Step 5: Export License

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.

Minimum Export Prices (MEPs)

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.

Enforcement Mechanisms

  • 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.

General Conditions

  • 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).

Antidumping Duty (ADD) Considerations

  • 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.

Conclusion

Mexico’s new tomato export scheme represents a robust, multi-step framework aimed at protecting growers, ensuring fair trade, and maintaining market access in Canada and the U.S. Through certification, registration, pricing controls, and enforcement, the scheme sets a new standard for agricultural exports in North America.