Some agricultural groups are attacking a federal investigation into whether US blueberry growers are being seriously harmed by a growing volume of imported berries.

The investigation, requested by U.S. Trade Representative Robert Lighthizer and funded by blueberry growers, could undermine North America's new trade pact and invite retaliatory tariffs, according to 32 farm and food company groups.

American Blueberry Growers Alliance attorney Stephen Orava said blueberry growers are conducting an investigation authorized by the United States-Mexico-Canada Agreement, as well as US and international trade laws.

“It is important that this objective legal process continues,” he said Monday. “This is a process that both Canada and Mexico have agreed to.”

Lighthizer requested the Section 201 investigation by the US International Trade Commission in late September. The commission is collecting confidential records to determine whether an influx of foreign blueberries threatens the future of the domestic industry.

If so, the president could enact safeguard tariffs. A report must be presented to the White House on March 29. President Trump ordered safeguard tariffs against imported washing machines, cells and solar modules during his presidency.

In a Dec. 9 letter to Lighthizer, the farm and food organizations said they had "strong concerns" about the investigation of blueberries, as well as investigation inquiries into imported cucumbers, squash, strawberries and bell peppers, which could lead to to safeguard investigations. .

The groups warned that protective trade actions “without legitimate cause” could set a precedent and lead to an escalation of retaliatory measures.

“As our industry continues to recover from COVID-19 related market shocks and supply chain disruptions, the last thing we can afford at this time is additional uncertainty and higher fees,” the groups stated.

The organizations that signed the letter included major trade groups representing soybeans, wheat, corn, pork, dairy and poultry. The companies that signed were Driscoll's and Hershey Co.

Efforts to obtain comment from the Office of the United States Trade Representative were unsuccessful.

The blueberry investigation requested by Lighthizer is already underway. President-elect Joe Biden has chosen Katherine Tai, a trade attorney, to succeed Lighthizer in his administration.

Orava said the concerns of agricultural groups are exaggerated and premature. Trade laws recognize the need to prevent national industries from being devastated, he said.

“Countries well understand the importance of these safety valves in trade agreements,” he said. “For food security, it is better to grow food locally than to rely on imports.”

While agricultural groups and food companies criticized the investigation, an equal number of federal lawmakers, 32, sent a letter last week to the trade commission supporting the investigation.

Lawmakers included Washington Republican Dan Newhouse and Democrats Suzan DelBene and Rick Larsen. Oregon Democrats Peter DeFazio and Kurt Schrader also signed. Washington and Oregon are the top blueberry producing states in the US.

Lawmakers said more imported blueberries, particularly from Chile, Peru, Mexico, Argentina and Canada, have depressed prices for US farmers.

“As the commission develops the evidentiary record in this case, we believe it will become clear that imports are a substantial cause of serious injury to the domestic blueberry industry,” the lawmakers wrote.

Countries named by lawmakers have indicated that they will send comments to US investigators.

Letter signers

The groups and companies that signed the letter of opposition to the investigation are:

Alpine Fresh, American Feed Industry Association, American Soybean Association, Animal Health Institute, Blueberry Coalition for Progress and Health, California Giant, Corn Refiners Association, CropLife America;

Driscoll's, Association of Fresh Producers of the Americas, Good Farms, Leather & Hide Council of America, National Association of Wheat Producers, National Association of Corn Producers, National Association of Grains and Feed;

National Association of Traders, National Federation of Milk Producers, National Council of Pork Producers, National Federation of Retailers, National Federation of Turkeys, North American Association of Cereal Export;

North American Meat Institute, North American Renderers Association, Reiter Affiliated Companies, The Hershey Company, USA Poultry & Egg Export Council, US Apple Association, US Dairy Export Council, US Dry Bean Council, US Grains Council, US Soybean Export Council and US Wheat Associates.