Notice2021-28173
Ripe Olives From Spain: Final Results of Antidumping Duty Administrative Review; 2019-2020
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
December 28, 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) August 1, 2019, through July 31, 2020.
Full Text
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<title>Federal Register, Volume 86 Issue 246 (Tuesday, December 28, 2021)</title>
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[Federal Register Volume 86, Number 246 (Tuesday, December 28, 2021)]
[Notices]
[Pages 73740-73741]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-28173]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-817]
Ripe Olives From Spain: Final Results of Antidumping Duty
Administrative Review; 2019-2020
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) August 1, 2019, through July 31, 2020.
DATES: Applicable December 28, 2021.
FOR FURTHER INFORMATION CONTACT: Jacob Keller or Christopher Williams,
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) 482-4849 and 202-482-
5166, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 7, 2021, Commerce published the Preliminary Results of
the 2019-2020 administrative review of the antidumping duty order on
ripe olives from Spain.\1\ This administrative review covers five
producers or exporters of the subject merchandise including the two
mandatory respondents, Agro Sevilla Aceitunas S.Coop. And. (Agro
Sevilla) and Angel Camacho Alimentacion S.L. (Angel Camacho). We
invited interested parties to comment on the Preliminary Results. On
October 8, 2021, we received case briefs from the domestic interested
party, Musco Family Olive Company (Musco) and from the mandatory
respondents, Agro Sevilla and Angel Camacho.\2\ On October 19, 2021,
Musco, Agro Sevilla, and Angel Camacho submitted rebuttal briefs.\3\
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; 2019-2020, 86 FR 50052
(September 7, 2021) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Musco's Letters, ``Ripe Olives from Spain; 2nd
Administrative Review Musco Case Brief Concerning Agro Sevilla,''
dated October 8, 2021; and ``Ripe Olives from Spain; 2nd
Administrative Review Musco Case Brief Concerning Camacho,'' dated
October 8, 2021; see also Agro Sevilla's Letter, ``Agro Sevilla's
Case Brief: Ripe Olives from Spain (08/01/2019-07/31/2020),'' dated
October 8, 2021; and Angel Camacho's Letter, ``Camacho's Case Brief:
Ripe Olives from Spain (08/01/2019-07/31/2020),'' dated October 8,
2021.
\3\ See Musco's Letters, ``Ripe Olives from Spain; 2nd
Administrative Review Musco Rebuttal Brief Concerning Agro
Sevilla,'' dated October 19, 2021; and ``Ripe Olives from Spain; 2nd
Administrative Review Musco Rebuttal Brief Concerning Camacho,''
dated October 19, 2021; see also Agro Sevilla's Letter, ``Agro
Sevilla's Rebuttal Brief: Ripe Olives from Spain (08/01/2019-07/31/
2020),'' dated October 19, 2021; and Angel Camacho's Letter,
``Rebuttal Brief of Angel Camacho Alimentacion, S.L.: Ripe Olives
from Spain (08/01/2019-07/31/2020),'' dated October 19, 2021.
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Scope of the Order
The merchandise subject to the Order <SUP>4</SUP> 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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\4\ See Ripe Olives from Spain: Antidumping Duty Order, 83 FR
37465 (August 1, 2018) (Order); see also Ripe Olives from Spain:
Notice of Correction to Antidumping Duty Order, 83 FR 39691 (August
10, 2018) (Order).
\5\ See Memorandum, ``Ripe Olives from Spain: Issues and
Decision Memorandum for the Final Results of Antidumping Duty
Administrative Review; 2019-2020,'' 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 and are listed in the 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 at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on the comments received from interested parties regarding
our Preliminary Results, and for the reasons explained in in the Issues
and Decision memorandum, we made certain changes for the final results
of review.
Final Results of the Administrative Review
We determine that the following weighted-average dumping margins
exist for the period August 1, 2019, through July 31, 2020:
[[Page 73741]]
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Agro Sevilla Aceitunas S.Coop. And.......................... 2.78
Angel Camacho Alimentacion S.L.............................. 4.51
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Review-Specific Weighted-Average Rate Applicable to the Following
Companies
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Aceitunas Guadalquivir, S.L................................. 3.56
Alimentary Group Dcoop S. Coop. And......................... 3.56
Internacional Olivarera, S.A................................ 3.56
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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 public announcement 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 and Angel Camacho 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 without regard 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
either of the individually examined respondents 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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For the companies identified above that were not selected for
individual examination, we will instruct CBP to liquidate entries at
the rates established in these final results of 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
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 company-specific 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.\8\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\8\ 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 sactionable violation.
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: December 21, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
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: Standard Cost
Comment 2: Major-Input Rule Adjustment
Comment 3: Indirect Selling Expenses Ratio
Comment 4: Constructed Export Price Offset
Angel Camacho
Comment 5: Adjustment for Raw Material Purchases
Comment 6: Indirect Selling Expenses Ratio
Comment 7: U.S. Sales Rebates
VI. Recommendation
[FR Doc. 2021-28173 Filed 12-27-21; 8:45 am]
BILLING CODE 3510-DS-P
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