Notice2022-26782
Ripe Olives From Spain: Final Results of Antidumping Duty Administrative Review and Final 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
December 9, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that producers or 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 further determine that Alimentary Group Dcoop S. Coop. And. (Dcoop) had no shipments during the POR.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 236 (Friday, December 9, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 236 (Friday, December 9, 2022)]
[Notices]
[Pages 75589-75591]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26782]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-817]
Ripe Olives From Spain: Final Results of Antidumping Duty
Administrative Review and Final Determination of No Shipments; 2020-
2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
producers or 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 further
determine that Alimentary Group Dcoop S. Coop. And. (Dcoop) had no
shipments during the POR.
DATES: Applicable December 9, 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 June 8, 2022, Commerce published the preliminary results of the
2020-2021 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. (Camacho). We invited interested
parties to comment on the Preliminary Results.\2\ On July 8, 2022, we
received case briefs from the domestic interested party, Musco Family
Olive Company (Musco), and from the mandatory respondents, Agro Sevilla
and Camacho.\3\ On July 15, 2022, Agro Sevilla and Camacho submitted
rebuttal briefs.\4\ On September 12, 2022, Commerce extended the
deadline for the final results by 60 days to December 5, 2022.\5\
Commerce conducted this review in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Ripe Olives from Spain: Preliminary Results of
Antidumping Duty Administrative Review and Preliminary Determination
of No Shipments; 2020-2021, 87 FR 34841 (June 8, 2022) (Preliminary
Results), and accompanying Preliminary Decision Memorandum.
\2\ See Preliminary Results, 87 FR at 34842.
\3\ See Musco's Letters, ``Ripe Olives from Spain; 3rd
Administrative Review Musco Case Brief Concerning Agro Sevilla,''
dated July 8, 2022; and ``Ripe Olives from Spain; 3rd Administrative
Review Musco Case Brief Concerning Camacho,'' dated July 8, 2022;
see also Agro Sevilla's Letter, ``Case Brief of Agro Sevilla
Aceitunas S.Coop Andalusia and its Affiliated Importer, Agro Sevilla
USA Ripe Olives From Spain (POR3: 08/01/2020-07/31/2021),'' dated
July 8, 2022; Camacho's Letter, ``Camacho's Letter in Lieu of Case
Brief Ripe Olives From Spain (08/01/2020-07/31/2021),'' dated July
8, 2022.
\4\ See Agro Sevilla's Letter, ``Rebuttal Brief of Agro Sevilla
Aceitunas S.Coop Andalusia and its Affiliated Importer, Agro Sevilla
USA Ripe Olives From Spain (POR3: 08/01/2020-07/31/2021),'' dated
July 15, 2022; see also Camacho's Letter, ``Camacho's Rebuttal Brief
Ripe Olives From Spain (POR3: 08/01/2020-07/31/2021),'' dated July
15, 2022.
\5\ See Memorandum, ``Ripe Olives from Spain: Extension of
Deadline for Final Results of Antidumping Duty Administrative
Review; 2020-2021,'' dated September 12, 2022.
---------------------------------------------------------------------------
Scope of the Order <SUP>6</SUP>
---------------------------------------------------------------------------
\6\ 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).
---------------------------------------------------------------------------
The products covered by the Order are ripe olives from Spain. For a
full description of the scope of the Order, see the Issues and Decision
Memorandum.\7\
---------------------------------------------------------------------------
\7\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of Antidumping Duty Administrative Review: Ripe Olives
from Spain; 2020-2021,'' dated concurrently with, and hereby adopted
by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by parties in this administrative review 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>.
[[Page 75590]]
Changes Since the Preliminary Results
We made no changes to our calculations for the final results of
review.
Final Determination of No Shipments
We preliminary found that Dcoop had no shipments of subject
merchandise during the POR.\8\ No party commented on the Preliminary
Results regarding the no-shipments decision with respect to Dcoop.
Therefore, for the final results, we continue to find that Dcoop had no
shipments of subject merchandise during the POR and will issue
appropriate instructions to U.S. Customs and Border Protection (CBP)
based on the final results.
---------------------------------------------------------------------------
\8\ See Preliminary Results, 87 FR at 34842.
---------------------------------------------------------------------------
Rate for Non-Examined Companies
In the Preliminary Results, Commerce 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.\9\ No party commented on the Preliminary
Results regarding the rates assigned to non-examined respondents and we
have made no changes to the margin calculations for the mandatory
respondents. Therefore, in accordance with section 735(c)(5)(A) of the
Act, Commerce assigned 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 for these final results.\10\
---------------------------------------------------------------------------
\9\ Id.
\10\ 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 June 3, 2022. 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.
---------------------------------------------------------------------------
Final Results of Review
Commerce determines that the following weighted-average dumping
margins exist for the period August 1, 2020, through July 31, 2021:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Agro Sevilla Aceitunas, S. Coop. And........................ 1.84
Angel Camacho Alimentacion, S.L............................. 4.56
Aceitunas Guadalquivir, S.L.U............................... 2.87
Aceitunas Torrent, S.L...................................... 2.87
------------------------------------------------------------------------
Disclosure
Normally, Commerce discloses to the parties in a proceeding the
calculations performed in connection with final results of review
within five days after public announcement of final results.\11\
However, because Commerce made no adjustments to the margin calculation
methodology used in the Preliminary Results, there are no calculations
to disclose for the final results of review.
---------------------------------------------------------------------------
\11\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce will determine, and CBP shall assess, antidumping duties on
all appropriate entries of subject merchandise in accordance with the
final results of this review. Because the weighted-average dumping
margins for Agro Sevilla and Camacho are not zero or de minimis (i.e.,
less than 0.5 percent) in the final results of this review, we
calculated 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).\12\ 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.\13\
---------------------------------------------------------------------------
\12\ 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).
\13\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
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.\14\ 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.
---------------------------------------------------------------------------
\14\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
Because we have determined that Dcoop had no shipments of subject
merchandise in this review, Commerce will instruct CBP to liquidate any
suspended entries that entered under Dcoop's case number (i.e., at
Dcoop's cash deposit rate) at the all-others rate (i.e., 19.98
percent).
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
Upon publication of this notice in the Federal Register, the
following cash deposit requirements will be effective for all shipments
of ripe 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,\15\ the all-others rate established in the LTFV investigation.
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
---------------------------------------------------------------------------
\15\ See Ripe Olives from Spain: Final Affirmative Determination
of Sales at Less Than Fair Value, 83 FR 28193 (June 18, 2018).
---------------------------------------------------------------------------
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 and/or countervailing 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 and/or countervailing duties occurred
and the subsequent assessment of double antidumping duties, and/or an
increase
[[Page 75591]]
in the amount of antidumping duties by the amount of the countervailing
duties.
Administrative Protective Order
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. 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 violation subject
to sanction.
Notification to Interested Parties
Commerce is issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: December 5, 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. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether to Reject Agro Sevilla's Revisions and
Corrections to Sales and Cost Data as Untimely and Unsolicited and
Apply Partial Adverse Facts Available (AFA) to Unreported U.S. Sales
Comment 2: Agro Sevilla's Verification Corrections
Comment 3: Camacho's Adjustment to Cost for Purchase of Certain
Sales
VI. Recommendation
[FR Doc. 2022-26782 Filed 12-8-22; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on December 9, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.