Notice2022-19198
Ripe Olives From Spain: Preliminary Results of Countervailing Duty Administrative Review; 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
September 6, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. 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, 2020, through December 31, 2020. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 171 (Tuesday, September 6, 2022)</title>
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[Federal Register Volume 87, Number 171 (Tuesday, September 6, 2022)]
[Notices]
[Pages 54460-54462]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19198]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-469-818]
Ripe Olives From Spain: Preliminary Results of Countervailing
Duty Administrative Review; 2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. 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, 2020, through December 31, 2020. Interested parties
are invited to comment on these preliminary results.
DATES: Applicable September 6, 2022.
FOR FURTHER INFORMATION CONTACT: Mary Kolberg or Theodore Pearson, 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)
482-2631, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2018, Commerce published in the Federal Register the
countervailing duty (CVD) order on ripe olives from Spain.\1\ On
October 7, 2021, Commerce published the notice of initiation of an
administrative review of the Order.\2\ On March 29, 2022, Commerce
extended the deadline for the preliminary results of this review by 120
days until August 31, 2022.\3\ For a complete description of the events
that followed the initiation of this review, see the Preliminary
Decision Memorandum.\4\ A list of topics discussed in the Preliminary
Decision Memorandum is included as the appendix to this notice. 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="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\1\ See Ripe Olives from Spain: Amended Final Affirmative
Countervailing Duty Determination and Countervailing Duty Order, 83
FR 37469 (August 1, 2018) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 55811 (October 7, 2021).
\3\ See Memorandum, ``Ripe Olives from Spain: Extension of
Deadline for Preliminary Results of Countervailing Duty
Administrative Review; 2020,'' dated March 29, 2022.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2020 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 the Order, see the Preliminary
Decision Memorandum.\5\
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\5\ Id.
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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 to be 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).\6\ 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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\6\ 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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[[Page 54461]]
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.\7\ This methodology
to establish the all-others subsidy rate is consistent with our
practice and section 705(c)(5)(A) of the Act which governs the
calculation of the all-others rate in an investigation. For further
information on the calculation of the non-selected respondent rate, see
the section in the Preliminary Decision Memorandum entitled ``Non-
Selected Company Rate.''
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\7\ 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 values 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., Ripe Olives from Spain: Final Results of Countervailing
Duty Administrative Review; 2019, 48 FR 13970 (March 11, 2022).
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Preliminary Results of Review
We preliminarily find the following net countervailable subsidy
rates exist for the period January 1, 2020, through December 31, 2020:
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\8\ 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.
\9\ 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
705(c)(5)(A) of the Act.
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Subsidy rate
Producer/exporter (percent ad
valorem)
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Agro Sevilla Aceitunas S.Coop. And...................... 8.32
Angel Camacho Alimentaci[oacute]n, S.L. and its cross- 4.58
owned affiliates \8\...................................
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Review-Specific Average Rate Applicable to the Following Companies \9\
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Aceitunas Guadalquivir, S.L............................. 6.68
Alimentary Group Dcoop S. Coop. And..................... 6.68
Aceitunas Torrent, S.L.................................. 6.68
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Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information relied upon in its final results of review.
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.\10\ A timeline for the submission of case
and rebuttal briefs and written comments will be provided to interested
parties at a later date.\11\ 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. Note
that Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\12\
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\10\ See 19 CFR 351.224(b).
\11\ See 19 CFR 351.309(c) and (d).
\12\ 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 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. Oral presentations at the hearing will be limited to issues
raised in the briefs. 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, we intend 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, CVDs on all appropriate
entries covered by this review. We intend 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 upon publication of the final results, to instruct CBP to
collect cash deposits of estimated CVDs 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. If the rate calculated
in the final results is zero or de minimis, no cash deposit will be
required on shipments of the 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 CVDs 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).
[[Page 54462]]
Dated: August 30, 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. Non-Selected Company Rate
V. Subsidies Valuation Information
VI. Use of Facts Otherwise Available
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2022-19198 Filed 9-2-22; 8:45 am]
BILLING CODE 3510-DS-P
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