Winter strawberry antidumping case continues after big February win for US producers

Back in February, the Florida winter strawberry industry scored a pivotal win at the United States International Trade Commission (ITC).

Following a January petition for investigation by the Sunshine State’s Strawberry Growers for Fair Trade (SGFT) coalition, the government agency issued a preliminary rule arguing that there's reasonable indication that American producers had sustained injury as a result of unfairly priced Mexican strawberry imports. The announcement, which was formalized in March, gave way to a second phase of the investigation, which was initiated by the SGFT petition presented in December 2025.  

Daniel B. Pickard, head of Buchanan Ingersoll & Rooney's International Trade and National Security practice and lead counsel for SGFT, explained to FreshFruitPortal.com that this development has been key in building the antidumping aspect of the case.

"We argued that winter strawberries are a distinct product. We argued that the eastern United States was a separate regional market, and also argued in the alternative, even if it's not a regional market, even if it's not defined just to be winter strawberries, the Mexican imports are still injuring the domestic industry," Pickard said of the case’s strategy.

He said the commission found Mexican winter strawberry volumes remained significant nationwide. Furthermore, their market share grew by more than 10 percent during the investigation period, while lower-priced imports contributed to a cost-price squeeze for US growers.

Next milestones to raise the stakes for winter strawberry case

The February ruling has a preliminary nature, but the petitioner side hopes for a favorable final ruling entailing margins estimated at 18 percent. However, Pickard is optimistic and says there’s room for growth, and the counsel even said that retroactive levies remain under consideration.

"All options are on the table. I think it is likely that we will include a critical circumstances determination, which would result in retroactive application of the antidumping duties. No final decision has been made, but it is likely," he explained.

While retailers and importers have argued that Florida winter strawberry production alone cannot meet winter demand, Pickard said the commission addressed that concern by evaluating the entire national strawberry market.

"Even when we look at it on a national basis, the volume of Mexican imports is so large, and they're increasing their market share at such low prices that even if you look at all the entire winter strawberry market, imports from Mexico are still injuring," the counsel said.

In the final phase, the petitioners intend to argue that the evidence becomes even stronger when viewed through a regional or winter production lens, Pickard explained.

Mexican berry industry calls for calm

Meanwhile, Mexico's National Association of Berry Exporters (ANEBERRIES, for its initials in Spanish) is adamant about the preliminary nature of the ITC ruling. 

In a statement shared with FreshFruitPortal.com, the industry body reiterated that the antidumping probe is still open, and that the process has not yet ended. 

“The court's preliminary ruling only allowed for investigative procedures to continue; it didn't establish that there were dumping practices nor confirmed a margin thereof," reads the statement. "Currently, there's no final resolution nor tariffs that derive from this case. ANEBERRIES trusts that the next stages of this investigation will develop with transparency, the backing of technical data, and a close understanding of real market conditions." 

The US Department of Commerce expects to issue its preliminary antidumping determination around August 18. 

*All images are referential via Unsplash.

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