"One Tomato, Two Tomato . . ." Selection of Trade Remedy Laws in the Florida-Mexico Tomato Conflict

Using the Tomato investigations and other recent trade cases, and the hypothetical fact pattern set forth by Professor Gordon, this article examines the ITC’s administration of the safeguard and antidumping laws. It begins with an overview of these laws and the issues the ITC addresses when applying them. The article then examines the three Tomato cases and highlights the key issues that led the commissioners to their conclusions. Finally, this article discusses some of the lessons that may be drawn from the experience of the Florida tomato growers and the issues that domestic industries should consider when deciding what remedy to seek, if any, from import competition.