Notice2022-12350
Ripe Olives From Spain: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2020-2021
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
June 8, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that producers/exporters subject to this administrative review made sales of subject merchandise at less than normal value during the period of review (POR), August 1, 2020, through July 31, 2021. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 110 (Wednesday, June 8, 2022)</title>
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[Federal Register Volume 87, Number 110 (Wednesday, June 8, 2022)]
[Notices]
[Pages 34841-34844]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12350]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-817]
Ripe Olives From Spain: Preliminary Results of Antidumping Duty
Administrative Review and Preliminary Determination of No Shipments;
2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that producers/exporters subject to this administrative review made
sales of subject merchandise at less than normal value during the
period of review (POR),
[[Page 34842]]
August 1, 2020, through July 31, 2021. We invite interested parties to
comment on these preliminary results.
DATES: Applicable June 8, 2022.
FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Claudia Cott, 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) 482-3683 or (202) 482-4270,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2018, Commerce published in the Federal Register the
antidumping duty order on ripe olives (olives) from Spain.\1\ On August
2, 2021, we published in the Federal Register a notice of opportunity
to request an administrative review of the Order.\2\ On October 7,
2021, based on timely requests for an administrative review, Commerce
initiated the administrative review of five companies.\3\ On November
10, 2021, Commerce selected Agro Sevilla Aceitunas, S. Coop. And. (Agro
Sevilla) and Angel Camacho Alimentacion, S.L. (Camacho) as the
mandatory respondents in this administrative review.\4\
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\1\ See Ripe Olives from Spain: Antidumping Duty Order, 83 FR
37465 (August 1, 2018); see also Ripe Olives from Spain: Notice of
Correction to Antidumping Duty Order, 83 FR 39691 (August 10, 2018)
(Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 86 FR 41436 (August 2, 2021).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 55811 (October 7, 2021).
\4\ See Memorandum, ``Ripe Olives from Spain; 2020-2021:
Respondent Selection,'' dated November 10, 2021.
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On March 31, 2022, Commerce extended the time limit for issuing the
preliminary results of this review by 35 days, to no later than June 7,
2022.\5\ For a complete description of the events between the
initiation of this review and these preliminary results, see the
Preliminary Decision Memorandum.\6\
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\5\ See Memorandum, ``Ripe Olives from Spain; 2020-21: Extension
of Deadline for Preliminary Results of Antidumping Duty
Administrative Review,'' dated March 31, 2022.
\6\ See Memorandum, ``Ripe Olives from Spain: Decision
Memorandum for Preliminary Results of Antidumping Duty
Administrative Review; 2020-2021,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
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A list of the topics discussed in the Preliminary Decision
Memorandum is attached as the appendix to this notice. The Preliminary
Decision Memorandum is a public document and is made available to the
public 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 is available
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Scope of the Order
The products covered by this Order are olives from Spain. For a
full description of the scope of the Order, see the Preliminary
Decision Memorandum.\7\
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\7\ See Preliminary Decision Memorandum at ``Scope of the
Order.''
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Verification
Commerce was unable to conduct on-site verifications of the
information we will rely upon for the final results of review. However,
we took additional steps in lieu of on-site verifications to verify the
information which we will rely upon for the final results of review, in
accordance with section 782(i) of the Tariff Act of 1930, as amended
(the Act).\8\
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\8\ See Commerce's Letters, In Lieu of On-Site Verification
Questionnaires to Agro Sevilla and Camacho, dated April 18, 2022;
Agro Sevilla's Letter, ``Agro Sevilla's Response to the Department's
Questionnaire in Lieu of Verification: Ripe Olives From Spain (08/
01/2020-07/31/2021),'' dated April 25, 2022; and Camacho's Letter,
``Camacho's Response to Questionnaire in Lieu of Verification
Response Ripe Olives From Spain (POR3: 08/01/2020-07/31/2021),''
dated April 25, 2022.
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Methodology
Commerce is conducting this review in accordance with section 751
of the Act. Export price and constructed export price are calculated in
accordance with section 772 of the Act. Normal value is calculated in
accordance with section 773 of the Act. For a full description of the
methodology underlying these preliminary results, see the Preliminary
Decision Memorandum.
Rates for Non-Selected Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
examination when Commerce limits its examination in an administrative
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce
looks to section 735(c)(5) of the Act, which provides instructions for
calculating the all-others rate in a market economy investigation, for
guidance when calculating the rate for companies which were not
selected for individual examination in an administrative review. Under
section 735(c)(5)(A) of the Act, the all-others rate is normally ``an
amount equal to the weighted average of the estimated weighted-average
dumping margins established for exporters and producers individually
investigated, excluding any zero or de minimis margins, and any margins
determined entirely {on the basis of facts available{time} .''
In this review, we preliminarily calculated weighted-average
dumping margins for the mandatory respondents, Agro Sevilla and Camacho
that are not zero, de minimis, or determined entirely on the basis of
facts available. Accordingly, Commerce is preliminarily assigning to
the companies not individually examined, listed in the chart below, a
margin of 2.87 percent which is the weighted-average of Agro Sevilla's
and Camacho's calculated weighted-average dumping margins.\9\
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\9\ For more information regarding the calculation of this
margin, see Memorandum, ``Ripe Olives from Spain: Calculation of the
Preliminary Margin for Respondents Not Selected for Individual
Examination,'' dated concurrently with this notice. As the weighting
factor, we relied on the publicly ranged sales data reported in the
quantity and value charts submitted by Agro Sevilla and Camacho.
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Preliminary Determination of No Shipments
On October 27, 2021, Alimentary Group Dcoop S. Coop. And. (Dcoop)
timely filed a letter certifying that it had no U.S. exports, sales, or
entries of subject merchandise to the United States during the POR.\10\
Subsequently, we received information from U.S. Customs and Border
Protection (CBP) confirming Dcoop's no shipment claims. Based on the
foregoing, Commerce preliminarily determines that Dcoop did not have
any reviewable transactions during the POR. For additional information
regarding this determination, see the Preliminary Decision Memorandum.
Consistent with Commerce's practice, we are not preliminarily
rescinding the review with respect to Dcoop but, rather, we will
complete the review with respect to Dcoop and issue appropriate
instructions to CBP based on the final results of this review.\11\
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\10\ See Dcoop's Letter, ``DCOOP's Statement of No Exports,
Sales, or Entries During the Period of Review (POR3) Ripe Olives
from Span {sic{time} (08/01/2020-07/31/2021),'' dated October 27,
2021.
\11\ See, e.g., Narrow Woven Ribbons with Woven Selvedge from
Taiwan; Preliminary Results of Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments; 2014-2015, 81
FR 71057, 71058 (October 14, 2016), unchanged in Narrow Woven
Ribbons with Woven Selvedge from Taiwan; Final Results of
Antidumping Duty Administrative Review and Final Determination of No
Shipments; 2014-2015, 82 FR 18432, 18433 (April 19, 2017).
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[[Page 34843]]
Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margins exist for the respondents for the period August 1,
2020, through July 31, 2021:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
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Agro Sevilla Aceitunas, S. Coop. And........................ 1.84
Angel Camacho Alimentacion, S.L............................. 4.56
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Review-Specific Average Rate Applicable to the Following Companies:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
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Aceitunas Guadalquivir, S.L.U............................... 2.87
Aceitunas Torrent, S.L...................................... 2.87
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Disclosure and Public Comment
We intend to disclose the calculations performed in connection with
these preliminary results to interested parties within five days after
public announcement of the preliminary results.\12\ Pursuant to 19 CFR
351.309(c), interested parties may submit case briefs to the Assistant
Secretary for Enforcement and Compliance no later than 30 days after
the date of publication of this notice. Rebuttal briefs, limited to
issues raised in the case briefs, may be filed not later than seven
days after the date for filing case briefs.\13\ Parties who submit case
briefs or rebuttal briefs in this proceeding 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.\14\ Case and rebuttal
briefs should be filed using ACCESS and must be served on interested
parties.\15\ Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\16\
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\12\ See 19 CFR 351.224(b).
\13\ See 19 CFR 351.309(d).
\14\ See 19 CFR 351.309(c)(2) and (d)(2).
\15\ See 19 CFR 351.303.
\16\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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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. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5:00 p.m. Eastern Time
within 30 days after the date of publication of this notice. If a
request for a hearing is made, Commerce intends to hold the hearing at
a time and date to be determined. Parties should confirm by telephone
the date, time, and location of the hearing two days before the
scheduled date.
Unless extended, Commerce intends to issue the final results of
this administrative review, including the results of its analysis of
the issues raised in any written briefs, no later than 120 days after
the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h).
Assessment Rates
Upon completion of the final results, Commerce shall determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review.\17\ If a respondent's weighted-average dumping margin
is not zero or de minimis (i.e., less than 0.5 percent) in the final
results of this review, we intend to calculate an importer-specific
assessment rate based on the ratio of the total amount of dumping
calculated for each importer's examined sales and the total entered
value of those same sales in accordance with 19 CFR 351.212(b)(1).\18\
If the respondent's weighted-average dumping margin or an importer-
specific assessment rate is zero or de minimis in the final results of
this review, we intend to instruct CBP not to assess duties on any of
its entries in accordance with the Final Modification for Reviews.\19\
The final results of this administrative review shall be the basis for
the assessment of antidumping duties on entries of merchandise covered
by the final results of this review and for future deposits of
estimated duties, where applicable.\20\
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\17\ See 19 CFR 351.212(b)(1).
\18\ In these preliminary 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) (Final Modification for
Reviews).
\19\ See Final Modification for Reviews, 77 FR at 8103; see also
19 CFR 351.106(c)(2).
\20\ See section 751(a)(2)(C) of the Act.
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For entries of subject merchandise during the POR produced by
either of the individually examined respondents for which they did not
know that the merchandise was destined for the United States, we will
instruct CBP to liquidate these entries at the all-others rate if there
is no rate for the intermediate company(ies) involved in the
transaction.\21\
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\21\ For a full discussion of this practice, 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 after the completion of the 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 for estimated antidumping
duties will be effective upon publication in the Federal Register of
the notice of final results of this review for all shipments of olives
from Spain 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 rate for companies subject to this review
will be equal to the weighted-average dumping margins established in
the final results of the review; (2) for merchandise exported by
companies not covered in this review but covered in a prior segment of
this 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 less-than-fair-value (LTFV) investigation
but the producer is, 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; and (4) the cash deposit rate for all
other producers or exporters will continue to be 19.98 percent,\22\ the
all-others rate
[[Page 34844]]
established in the LTFV investigation. These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\22\ See Ripe Olives from Spain: Final Affirmative Determination
of Sales at Less Than Fair Value, 83 FR 28193 (June 18, 2018).
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Notification to Importers
This notice serves as a preliminary 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 Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
Commerce is issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR
351.221(b)(4).
Dated: June 3, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Rate for Non-Selected Companies
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2022-12350 Filed 6-7-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 8, 2022.
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