Notice2021-19257
Ripe Olives From Spain: Preliminary Results of Countervailing Duty Administrative Review; 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
September 7, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers/ exporters of ripe olives from Spain during the period of review, January 1, 2019, through December 31, 2019. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 86 Issue 170 (Tuesday, September 7, 2021)</title>
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[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)]
[Notices]
[Pages 50022-50023]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19257]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-469-818]
Ripe Olives From Spain: Preliminary Results of Countervailing
Duty Administrative Review; 2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers/
exporters of ripe olives from Spain during the period of review,
January 1, 2019, through December 31, 2019. Interested parties are
invited to comment on these preliminary results.
DATES: Applicable September 7, 2021.
FOR FURTHER INFORMATION CONTACT: Mary Kolberg or Dusten Hom, 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) 482-1785 or (202) 482-5075,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 6, 2020, Commerce published the notice of initiation of
an administrative review of the countervailing duty order on ripe
olives from Spain.\1\ On April 5, 2021, Commerce extended the deadline
for the preliminary results of this review by 120 days until August 31,
2021.\2\ For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\3\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 63081 (October 6, 2020).
\2\ See Memorandum, ``Ripe Olives from Spain: Extension of
Deadline for Preliminary Results of 2019 Countervailing Duty
Administrative Review,'' dated April 5, 2021.
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2019 Countervailing Duty Administrative Review of
Ripe Olives from Spain,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order
The products covered by the order are ripe olives from Spain. For a
complete description of the scope of this administrative review, see
the Preliminary Decision Memorandum.\4\
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\4\ See Preliminary Decision Memorandum.
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Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the
Act). For each of the subsidy programs found countervailable, Commerce
preliminarily determines that there is a subsidy, i.e., a financial
contribution by an ``authority'' that gives rise to a benefit to the
recipient, and that the subsidy is specific.\5\ For a full description
of the methodology underlying our conclusions, including our reliance,
in part, on facts otherwise available pursuant to section 776(a) of the
Act, see the Preliminary Decision Memorandum.
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\5\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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The Preliminary 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 Preliminary Decision Memorandum can
be accessed directly at <a href="http://enforcement.trade.gov/frn/index.html">http://enforcement.trade.gov/frn/index.html</a>. A
list of topics discussed in the Preliminary Decision Memorandum is
included as Appendix I to this notice.
Preliminary Rate for Non-Selected Companies Under Review
There are three companies for which a review was requested and not
rescinded, and which were not selected as mandatory respondents or
found to be cross-owned with a mandatory respondent. For these
companies, because the rates calculated for the mandatory respondents,
Agro Sevilla Aceitunas S.Coop. And. (Agro Sevilla) and Angel Camacho
Alimentaci[oacute]n, S.L. (Camacho), were above de minimis and not
based entirely on facts available, we are applying to the non-selected
companies the weighted average of the net subsidy rates calculated for
Agro Sevilla and Camacho, which we calculated using the publicly ranged
sales data submitted by Agro Sevilla and Camacho.\6\ This methodology
to establish the all-others subsidy rate is consistent with our
practice and section 705(c)(5)(A) of the Act. For further information
on the calculation of the non-selected respondent rate, refer to the
section in the Preliminary Decision Memorandum entitled ``Non-Selected
Company Rate.''
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\6\ With two respondents under examination, Commerce normally
calculates (A) a weighted-average of the estimated subsidy rates
calculated for the examined respondents; (B) a simple average of the
estimated subsidy rates calculated for the examined respondents; and
(C) a weighted-average of the estimated subsidy rates calculated for
the examined respondents using each company's publicly-ranged U.S.
sale quantities for the merchandise under consideration. Commerce
then compares (B) and (C) to (A) and selects the rate closest to (A)
as the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010).
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Preliminary Results of Review
We preliminarily determine the following net countervailable
subsidy rates for the period January 1, 2019, through December 31,
2019:
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Subsidy rate
Producer/exporter (percent)
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Agro Sevilla Aceitunas S.Coop. And...................... 4.96
[[Page 50023]]
Angel Camacho Alimentaci[oacute]n, S.L. and its cross- 1.07
owned affiliates \7\...................................
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Review-Specific Average Rate Applicable to the Following Companies
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Aceitunas Guadalquivir, S.L............................. 3.09
Alimentary Group Dcoop S. Coop. And..................... 3.09
Internacional Olivarera, S.A............................ 3.09
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Disclosure and Public Comment
We will disclose to parties in this review the calculations
performed for these preliminary results within five days of the date of
publication of this notice.\9\ Commerce also intends to issue a post-
preliminary analysis memorandum after the publication of this notice.
Commerce will notify the parties to this proceeding of the deadlines
for the submission of case and rebuttal briefs after the issuance of a
post-preliminary memorandum.
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\7\ As discussed in the Preliminary Decision Memorandum,
Commerce found the following companies to be cross-owned with Angel
Camacho Alimentaci[oacute]n, S.L.: Grupo Angel Camacho, S.L.,
Cuarterola S.L., and Cucanoche S.L.
\8\ This rate is based on the rates for the respondents that
were selected for individual review, excluding rates that are zero,
de minimis, or based entirely on facts available. See section
735(c)(5)(A) of the Act.
\9\ See 19 CFR 351.224(b).
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Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit
case briefs or rebuttal briefs in this review are encouraged to submit
with each argument: (1) A statement of the issue; (2) a brief summary
of the argument; and (3) a table of authorities. All briefs must be
filed electronically using ACCESS.
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS by 5 p.m. Eastern Time within 30 days after the date of
publication of this notice. Requests should contain the party's name,
address, and telephone number, the number of participants, whether any
participant is a foreign national, and a list of the issues to be
discussed. If a request for a hearing is made, parties will be notified
of the date and time for the hearing to be determined.
Unless extended, Commerce intends to issue the final results of
this administrative review, which will include the results of our
analysis of the issues raised in the case briefs, no later than 120
days of publication of these preliminary results in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
Assessment Rates
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily
determined subsidy rates in the amounts shown above for the producer/
exporters shown above. Upon completion of the administrative review,
consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2),
Commerce shall determine, and CBP shall assess, countervailing duties
on all appropriate entries covered by this review. 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).
Cash Deposit Requirements
In accordance with section 751(a)(2)(C) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amounts calculated in the final results of
this review for the respective companies listed above with regard to
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this review. For all non-reviewed firms, CBP will continue
to collect cash deposits of estimated countervailing duties at the all-
others rate or the most recent company-specific rate applicable to the
company, as appropriate. These cash deposit requirements, when imposed,
shall remain in effect until further notice.
Notification to Interested Parties
These preliminary results and notice are issued and published in
accordance with sections 751(a) and 777(i)(1) of the Act and 19 CFR
351.221(b)(4).
Dated: August 31, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Non-Selected Company Rate
V. Subsidies Valuation Information
VI. Use of Facts Otherwise Available
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2021-19257 Filed 9-3-21; 8:45 am]
BILLING CODE 3510-DS-P
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