OPINION
RIDGWAY, Judge.
In this action, plaintiff Desert Glory, Ltd. — a Mexican producer and exporter, and a U.S. importer, of cocktail tomatoes-seeks to contest a December 2002 "scope determination" by the U.S. Department of Commerce, in which Commerce ruled that cocktail tomatoes are covered by the pending antidumping investigation of fresh tomatoes from Mexico initiated in 1996.
The Government has moved to dismiss the case,
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