Notice2021-14060
Ripe Olives From Spain: Final Results of Antidumping Duty Administrative Review; 2018-2019
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 1, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that the producers/exporters subject to this review made sales of subject merchandise in the United States at less than normal value during the period of review (POR) January 26, 2018, through July 31, 2019.
Full Text
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<title>Federal Register, Volume 86 Issue 124 (Thursday, July 1, 2021)</title>
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[Federal Register Volume 86, Number 124 (Thursday, July 1, 2021)]
[Notices]
[Pages 35068-35069]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14060]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-817]
Ripe Olives From Spain: Final Results of Antidumping Duty
Administrative Review; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that the
producers/exporters subject to this review made sales of subject
merchandise in the United States at less than normal value during the
period of review (POR) January 26, 2018, through July 31, 2019.
DATES: Applicable July 1, 2021.
FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0665.
SUPPLEMENTARY INFORMATION:
Background
On December 28, 2020, Commerce published the Preliminary Results of
the 2018-2019 administrative review of the antidumping duty order on
ripe olives from Spain.\1\ The administrative review covers three
producers or exporters of the subject merchandise, Agro Sevilla
Aceitunas S. Coop. And. (Agro Sevilla), Camacho Alimentacion S.L.
(Angel Camacho), and Alimentary Group Dcoop S. Coop. And. (Dcoop). We
invited interested parties to comment on the Preliminary Results. On
February 1, 2021, we received case briefs from the domestic interested
parties, Musco Family Olive Company (Musco) and Bell-Carter Foods, LLC
(BCF), both members of the Coalition for Fair Trade in Ripe Olives, and
from the mandatory respondents, Agro Sevilla, Angel Camacho, and
Dcoop.\2\ On February 8, 2021, Musco, Agro Sevilla, Angel Camacho, and
Dcoop submitted rebuttal briefs.\3\ On April 5, 2021, Commerce extended
the deadline for the final results by 59 days to June 25, 2021.\4\
Commerce conducted this review in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended (the Act).
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\1\ See Ripe Olives from Spain: Preliminary Results of
Antidumping Duty Administrative Review; 2018-2019, 85 FR 84297
(December 28, 2020) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Musco's Letters, ``Ripe Olives from Spain; 1st
Administrative Review Musco Case Brief Concerning Agro Sevilla,''
dated February 1, 2021; ``Ripe Olives from Spain; 1st Administrative
Review Musco Case Brief Concerning Camacho,'' dated February 1,
2021; and ``Ripe Olives from Spain; 1st Administrative Review Musco
Case Brief Concerning Dcoop,'' dated February 1, 2021; see also
BCF's Letter, ``Ripe Olives from Spain: Case Brief,'' dated February
1, 2021; Agro Sevilla's Letter, ``Case Brief of Agro Sevilla Ripe
Olives from Spain (A-469-817) POR1,'' dated February 1, 2021; Angel
Camacho's Letter, ``Case Brief of Camacho Alimentaci[oacute]n S.L.
Ripe Olives from Spain (A-469-817) POR1,'' dated February 1, 2021;
and Dcoop's Letter, ``Ripe Olives from Spain: Case Brief,'' dated
February 1, 2021.
\3\ See Musco's Letters, ``Ripe Olives from Spain; 1st
Administrative Review Musco Rebuttal Brief Concerning Agro
Sevilla,'' dated February 8, 2021; ``Ripe Olives from Spain; 1st
Administrative Review Musco Rebuttal Brief Concerning Camacho,''
dated February 8, 2021; ``Ripe Olives from Spain; 1st Administrative
Review Musco Rebuttal Brief Concerning Dcoop,'' dated February 8,
2021; and ``Ripe Olives from Spain; 1st Administrative Review Musco
Rebuttal Brief Concerning BCF,'' dated February 8, 2021; see also
Agro Sevilla's Letter, ``Rebuttal Brief of Agro Sevilla Ripe Olives
from Spain (A-469-817) POR1,'' dated February 8, 2021; Angel
Camacho's Letter, ``Rebuttal Brief of Camacho Alimentaci[oacute]n
S.L. Ripe Olives from Spain (A-469-817) POR1,'' dated February 8,
2021; and Dcoop's Letter, ``Ripe Olives from Spain: Rebuttal
Brief,'' dated February 8, 2021.
\4\ See Memorandum, ``Ripe Olives from Spain: Extension of
Deadline for Final Results of Antidumping Duty Administrative
Review,'' dated April 5, 2021.
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Scope of the Order
The merchandise subject to the order are ripe olives. A full
description of the scope of the order is contained in the Issues and
Decision Memorandum.\5\
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\5\ See Memorandum, ``Ripe Olives from Spain: Issues and
Decision Memorandum for the Final Results of Antidumping Duty
Administrative Review; 2018-2019,'' dated concurrently with, and
hereby adopted by this notice (Issues and Decision Memorandum).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the topics discussed in the Issues
and Decision Memorandum is attached as an Appendix to this notice. The
Issues and Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at <a href="http://enforcement.trade.gov/frn">http://enforcement.trade.gov/frn</a>.
Changes Since the Preliminary Results
Based on the comments received we made changes for these final
results which are discussed in the Issues and Decision Memorandum.
Final Results of the Administrative Review
We determine that the following weighted-average dumping margins
exist for the period January 26, 2018, through July 31, 2019.
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Agro Sevilla Aceitunas S.COOP Andalusia................. 15.65
Angel Camacho Alimentacion S.L.......................... 22.41
Alimentary Group Dcoop S. Coop. And..................... 5.78
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Disclosure
We intend to disclose the calculations performed in connection with
these final results to parties in this proceeding within five days
after the date of publication of the final results or, if there is no
public announcement, within five days of the date of publication of the
notice of final results in the Federal Register, in accordance with 19
CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.
For Agro Sevilla, Angel Camacho, and Dcoop, we calculated importer-
specific assessment rates on the basis of the ratio of the total amount
of dumping calculated for each importer's examined sales and the total
entered value of those sales in accordance with 19 CFR
351.212(b)(1).\6\ Where an importer-specific assessment rate is de
minimis (i.e., less than 0.5 percent), the entries by that importer
will be liquidated
[[Page 35069]]
without reference to antidumping duties.
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\6\ In these final results, Commerce applied the assessment rate
calculation method adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and Assessment Rate in
Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
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For entries of subject merchandise during the POR produced by each
respondent for which it did not know that its merchandise was destined
for the United States, we will instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\7\
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\7\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Consistent with its recent notice,\8\ Commerce intends to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of the final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
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\8\ See Notice of Discontinuation of Policy to Issue Liquidation
Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 884 (Jan.15,
2021).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication in the Federal Register of this notice for all shipments of
ripe olives entered, or withdrawn from warehouse, for consumption on or
after the date of publication as provided by section 751(a)(2) of the
Act: (1) The cash deposit rates for the companies subject to this
review will be equal to the weighted-average dumping margin established
in the final results of the review; (2) for merchandise exported by
producers or exporters not covered in this review but covered in a
prior completed segment of the proceeding, the cash deposit rate will
continue to be the company-specific rate published in the completed
segment for the most recent period; (3) if the exporter is not a firm
covered in this review, a prior review, or the original investigation
but the producer has been covered in a prior completed segment of this
proceeding, then the cash deposit rate will be the rate established in
the completed segment for the most recent period for the producer of
the merchandise; (4) the cash deposit rate for all other producers or
exporters will continue to be 19.98 percent, the all-others rate
established in the less-than-fair-value investigation for this
proceeding.\9\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\9\ See Ripe Olives from Spain: Antidumping Duty Order, 83 FR
37465 (August 1, 2018).
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of APO materials, or conversion to judicial protective
order, is hereby requested. Failure to comply with the regulations and
terms of an APO is a violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing these results of administrative
review in accordance with sections 751(a) and 777(i) of the Act and 19
CFR 351.221(b)(5).
Dated: June 25, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Agro Sevilla
Comment 1: Home-Market Database
Comment 2: Constructed Export Price Offset
Comment 3: Major-Input Rule Adjustment
Angel Camacho
Comment 4: Price Comparisons for a Certain Product Control
Number Sold in the U.S. Market
Comment 5: Cost Adjustment to Ending Inventory Value
Comment 6: General and Administrative Expenses
Comment 7: Certain Inland Freight Expenses
Comment 8: Beginning Dates in Programs
DCoop
Comment 9: Whether Commerce Should Apply Adverse Facts Available
to Dcoop's Cost Database
Comment 10: Application of Adverse Facts Available to Dcoop's
General and Administrative Expenses
Comment 11: Early Payment and Quantity Discounts
Comment 12: U.S. Freight and U.S. Indirect Selling Expenses
Comment 13: Rescission of the Administrative Review of Dcoop
VI. Recommendation
[FR Doc. 2021-14060 Filed 6-30-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 1, 2021.
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