Notice2022-05212
Ripe Olives From Spain: Final 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
March 11, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that certain producers/exporters of ripe olives from Spain received countervailable subsidies during the period of review (POR), January 1, 2019, through December 31, 2019.
Full Text
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<title>Federal Register, Volume 87 Issue 48 (Friday, March 11, 2022)</title>
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[Federal Register Volume 87, Number 48 (Friday, March 11, 2022)]
[Notices]
[Pages 13970-13971]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05212]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-469-818]
Ripe Olives From Spain: Final Results of Countervailing Duty
Administrative Review; 2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that certain
producers/exporters of ripe olives from Spain received countervailable
subsidies during the period of review (POR), January 1, 2019, through
December 31, 2019.
DATES: Applicable March 11, 2022.
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 and (202) 482-5075,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this review on
September 7, 2021, and invited comments from interested parties.\1\ On
December 6, 2021, Commerce extended the deadline for the final results
of this administrative review until March 4, 2022.\2\ For a complete
description of the events that occurred since the Preliminary Results,
see the Issues and Decision Memorandum.\3\
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\1\ See Ripe Olives from Spain: Preliminary Results of
Countervailing Duty Administrative Review; 2019, 86 FR 50022
(September 7, 2021) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Ripe Olives from Spain: Extension of
Deadline for Final Results of Countervailing Duty Administrative
Review; 2019,'' dated December 6, 2021.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Ripe Olives from Spain; 2017-2018,'' dated concurrently with, and
hereby adopted by, this notice (Issues and 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 order, see the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised by the interested parties in their case and
rebuttal briefs are addressed in the Issues and Decision Memorandum. A
list of these issues is identified 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 CVD
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at <a href="http://access.trade.gov">http://access.trade.gov</a>. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
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, we revised
the calculation of the net countervailable subsidy rates for the
respondents: Agro Sevilla Aceitunas S.COOP Andalusia (Agro Sevilla) and
Angel Camacho Alimentacion S.L. (Camacho). For a discussion of these
issues, see the Issues and Decision Memorandum.
Methodology
Commerce conducted this 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 to be countervailable, we determine that
there is a subsidy, i.e., a government-provided financial contribution
that gives rise to a benefit to the recipient, and that the subsidy is
specific.\4\ The Issues and Decision Memorandum contains a full
description of the methodology underlying Commerce's conclusions,
including any determination that relied upon the use of facts otherwise
available, including, adverse facts available, pursuant to sections
776(a) and (b) of the Act.
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\4\ 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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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 and 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
[[Page 13971]]
by Agro Sevilla and Camacho.\5\ This methodology to establish the all-
others subsidy rate is consistent with our practice and section
705(c)(5)(A) of the Act.
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\5\ 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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Final Results of Review
We determine the following net countervailable subsidy rates for
the POR January 1, 2019, through December 31, 2019:
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Subsidy rate
Exporter/producer (percent ad
valorem)
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Agro Sevilla Aceitunas S.Coop And....................... 4.98
Angel Camacho Alimentacion S.L. and its cross-owned 2.43
affiliates \6\.........................................
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Review-Specific Average Rate Applicable to the Following Companies \7\
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Aceitunas Guadalquivir, S.L............................. 3.76
Alimentary Group Dcoop S. Coop. And..................... 3.76
Internacional Olivarera, S.A............................ 3.76
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Disclosure
We intend to disclose to interested parties the calculations and
analysis performed in the final results of this review within five days
of the date of publication of this notice in accordance with 19 CFR
351.224(b).
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\6\ 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.
\7\ 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.
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Assessment
In accordance with section 751(a)(2)(C) 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 appropriate assessment instructions
to CBP no earlier than 35 days after the date of this 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)(1) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amounts shown above for the above-listed
companies with regard to shipments of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of these final results of review. For all non-reviewed
firms, CBP will continue to collect cash deposits of estimated
countervailing duties at the most recent company-specific or all-others
rate applicable to the company, as appropriate. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
Administrative Protective Order
This notice serves as a final reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is sanctionable violation.
Notification to Interested Parties
These final results are issued and published in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5).
Dated: March 4, 2022.
Lisa W. Wang,
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. Non-Selected Companies Under Review
V. Subsidies Valuation
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Analysis of Programs
VIII. Analysis of Comments
Comment 1: Whether Commerce Properly Interpreted and Applied the
Standard Established by Section 771B(1) of the Act for Determining
``Substantially Dependent'' Demand
Comment 2: Whether the EU CAP Pillar I--BPS is De Jure Specific
Comment 3: Whether Loans From the European Investment Bank (EIB)
are Countervailable
Comment 4: Whether Loans From the European Investment Fund (EIF)
are Countervailable
Comment 5: Whether Commerce Should Adjust its Calculations for
Purchases of Molinos
Comment 6: Whether Commerce Should Base its Final Subsidy Rates
for Camacho and Agro Sevilla on Adverse Facts Available (AFA)
Comment 7: Whether Commerce Should Use Partial AFA in the Per-
Kilogram (KG) Benefit Calculation of Certain Growers
Comment 8: Whether Commerce Should Assign Dcoop its Company-
Specific Rate From the First Administrative Review as the Rate for
This Administrative Review
Comment 9: Whether Commerce Should Correct Certain Errors in its
Calculations
IX. Recommendation
[FR Doc. 2022-05212 Filed 3-10-22; 8:45 am]
BILLING CODE 3510-DS-P
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