Tomato Suspension Agreement

The Suspension Agreement on Fresh Tomatoes from Mexico, also referred to as the Tomato Suspension Agreement (TSA), between the Department of Commerce (DOC) and signatory producers/exporters of fresh tomatoes grown in Mexico ensures that signatory producers and exporters sell Mexican tomatoes at or above the TSA reference price to eliminate the injurious effects of exports of fresh tomatoes to the United States. The Agreement, which was updated effective September 19, 2019, applies to all fresh and chilled tomatoes except tomatoes for processing.

The TSA provides for mandatory inspections at the border and voluntary inspections at destination. At the border, USDA will inspect all Round, Roma, and Grape tomatoes in bulk (excess of 2 pounds).  At destination, USDA may inspect all tomatoes covered by the TSA upon request. 

The Agreement also provides for appropriate price adjustments at destination based on the Perishable Agricultural Commodities Act (PACA). The TSA is separate and apart from Section 8e and does not affect Section 8e import requirements for tomatoes.

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