U.S. importers of fresh winter strawberries from Mexico are now required to deposit estimated antidumping duties following an affirmative preliminary determination by the U.S. Department of Commerce.
The requirements apply to covered strawberries entered for consumption, or withdrawn from warehouse for consumption, on or after August 21, 2026. U.S. Customs and Border Protection will suspend liquidation of affected entries and collect cash deposits at the applicable producer or exporter rate.
Preliminary Antidumping Deposit Rates
Commerce calculated the following preliminary dumping margins:
- Driscoll’s Operaciones S.A. de C.V.: 5.28%
- Mainland Farms S.A. de C.V.: 3.37%
- All other producers and exporters: 4.83%
Importers must identify both the exporter and producer of the merchandise to determine the correct cash-deposit rate. When the exporter is not individually listed but the producer is, the producer-specific rate generally applies. Otherwise, the all-others rate may apply.
These are preliminary rates and may change during the remainder of the investigation.
Which Strawberries Are Covered?
The investigation covers fresh and chilled winter strawberries from Mexico entered during the period from November 1 through March 31.
The written scope includes strawberries that are:
- Stemmed or de-stemmed
- Whole or sliced
- Imported in bulk, loose form, or retail containers
- Organic or conventionally grown
- Cleaned, washed, waxed, inspected, or vacuum cooled
- Subjected to metal detection
- Coated, including chocolate-covered or other coated confectionery products
The investigation can also cover Mexican strawberries that undergo further processing in a third country before importation into the United States.
The merchandise may enter under HTSUS subheadings 0810.10.4020, 0810.10.4040, 0810.10.4060, and 0810.10.4080. However, the written product description controls the scope of the investigation, not the tariff classification alone.
That distinction is important for businesses importing sliced, coated, repackaged, or partially processed strawberries that may not initially appear to be part of a fresh-produce trade case.
Immediate Implications for Importers
Cash deposits increase the amount importers must pay at entry, directly affecting landed cost and working capital. Because liquidation is suspended, the importer’s final duty liability will remain unresolved until Commerce issues assessment instructions.
The final antidumping rate could be higher or lower than the amount deposited. Importers remain responsible for any additional duties assessed when the entries eventually liquidate.
The timing is also significant. Produce companies, retailers, foodservice operators, and distributors may already be negotiating contracts and planning transportation capacity for the upcoming winter strawberry season.
Companies should review whether existing contracts address:
- Responsibility for antidumping duties
- Changes in government-imposed charges
- Producer and exporter identification
- Price-adjustment provisions
- Reimbursement arrangements
- Recordkeeping and access to supporting documents
Background on the Investigation
The case originated with a petition filed in late December 2025 by a coalition of Florida strawberry growers and the Florida Department of Agriculture and Consumer Services, alleging that Mexican producers were selling winter strawberries in the U.S. below fair value and injuring the domestic industry. Commerce initiated the antidumping investigation on February 13, 2026, and the U.S. International Trade Commission followed later that February with a preliminary finding that there was a reasonable indication of material injury to U.S. growers, clearing the way for Commerce’s investigation to proceed.
The Investigation Is Not Over
Commerce has postponed its final determination until no later than 135 days after publication of the preliminary determination. It also extended provisional measures from four months to as long as six months, following a request from Driscoll’s.
If Commerce reaches a final affirmative determination, the U.S. International Trade Commission will determine whether the U.S. industry is materially injured or threatened with material injury by the imports. Commerce has indicated the overall investigation is expected to conclude in early 2027, though a subsequent administrative review of actual duty liability could stretch well beyond that.
An antidumping duty order will be issued only if both agencies reach the required affirmative final determinations. Until then, importers should continue monitoring the investigation and applicable CBP instructions.
Steps Produce Importers Should Take
Importers of Mexican strawberries should:
- Identify the producer and exporter for each shipment.
- Confirm whether the merchandise falls within the written scope.
- Verify the applicable cash-deposit rate before entry.
- Review entry documentation and customs-bond sufficiency.
- Recalculate landed costs and working-capital requirements.
- Review contracts with growers, exporters, distributors, and customers.
- Maintain complete records connecting each shipment to the correct producer.
- Monitor the final Commerce and ITC determinations.
Importers should not rely exclusively on the product’s HTSUS number or commercial description. Scope determinations in antidumping proceedings are controlled by the written description and can include products presented in forms that are not immediately obvious.
For additional details, review Commerce’s preliminary determination for fresh winter strawberries from Mexico.
Contact the Alba team for assistance in reviewing product scope, identifying the applicable deposit rate, or preparing for the operational effects of the investigation.
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References
U.S. Department of Commerce, International Trade Administration. Fresh Winter Strawberries From Mexico: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 91 FR 54297 (Aug. 21, 2026). https://www.federalregister.gov/documents/2026/08/21/2026-17121/fresh-winter-strawberries-from-mexico-preliminary-affirmative-determination-of-sales-at-less-than
The Packer. “Florida Strawberry Growers Win Preliminary Commerce Ruling on Mexican Imports” (Aug. 19, 2026). https://www.thepacker.com/news/florida-strawberry-growers-win-preliminary-commerce-ruling-mexican-imports
Capital Press. “U.S. sets preliminary antidumping duties on Mexican strawberries” (Aug. 21, 2026). https://capitalpress.com/2026/08/21/u-s-sets-preliminary-antidumping-duties-on-mexican-strawberries/
U.S. International Trade Commission. Fresh Winter Strawberries from Mexico, Inv. No. 731-TA-1770 (Preliminary), USITC Pub. 5713 (Mar. 2026). https://www.usitc.gov/sites/default/files/publications/701_731/pub5713.pdf
