Notice2023-19336
Ripe Olives From Spain: Preliminary Results of Countervailing Duty Administrative Review, and Partial Rescission of Review; 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
September 7, 2023
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, 2021, through December 31, 2021. In addition, we are rescinding the administrative review with respect to four companies. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 172 (Thursday, September 7, 2023)</title>
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[Federal Register Volume 88, Number 172 (Thursday, September 7, 2023)]
[Notices]
[Pages 61517-61519]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19336]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-469-818]
Ripe Olives From Spain: Preliminary Results of Countervailing
Duty Administrative Review, and Partial Rescission of Review; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable
[[Page 61518]]
subsidies are being provided to producers/exporters of ripe olives from
Spain during the period of review, January 1, 2021, through December
31, 2021. In addition, we are rescinding the administrative review with
respect to four companies. Interested parties are invited to comment on
these preliminary results.
DATES: Applicable September 7, 2023.
FOR FURTHER INFORMATION CONTACT: Dusten Hom 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) 482-5075 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 August
2, 2022, we published in the Federal Register a notice of opportunity
to request an administrative review of the Order.\2\ On October 11,
2022, based on timely requests for an administrative review, Commerce
published the notice of initiation of an administrative review of the
Order for seven companies.\3\ On December 14, 2022, 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: Amended Final Affirmative
Countervailing Duty Determination and Countervailing Duty Order, 83
FR 37469 (August 1, 2018) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 87 FR 47187 (August 2, 2022).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 61278 (October 11, 2022).
\4\ See Memorandum, ``Respondent Selection Memorandum; 2021,''
dated December 14, 2022.
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On April 11, 2023, Commerce extended the deadline for the
preliminary results of this review until August 31, 2023.\5\ For a
complete description of the events that followed the initiation of this
review, see the Preliminary Decision Memorandum.\6\
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\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated April
11 2023.
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review: Ripe
Olives from Spain; 2021,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
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A list of 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 the Order are ripe olives from Spain. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
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). 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.
Partial Rescission of Administrative Review
Commerce's practice is to rescind an administrative review of a CVD
order, pursuant to 19 CFR 351.213(d)(3), when there are no reviewable
entries of subject merchandise during the POR for which liquidation is
suspended.\7\ Normally, upon completion of an administrative review,
the suspended entries are liquidated at the CVD assessment rate
calculated for the review period.\8\ Therefore, for an administrative
review of a company to be conducted, there must be a reviewable,
suspended entry that Commerce can instruct U.S. Customs and Border
Protection (CBP) to liquidate at the calculated CVD assessment rate
calculated for the review period.\9\
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\7\ See, e.g., Lightweight Thermal Paper from the People's
Republic of China: Notice of Rescission of Countervailing Duty
Administrative Review; 2015, 82 FR 14349 (March 20, 2017); see also
Circular Welded Carbon Quality Steel Pipe from the People's Republic
of China: Rescission of Countervailing Duty Administrative Review;
2017, 84 FR 14650 (April 11, 2019).
\8\ See 19 CFR 351.212(b)(2).
\9\ See 19 CFR 351.213(d)(3).
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On December 20, 2022, we issued a memorandum notifying parties of
our intent to rescind this administrative review with respect to four
companies: (1) Aceitunera del Norte de C[aacute]ceres, S.Coop.Ltda. de
2[deg] Grado; (2) Alimentary Group Dcoop S.Coop. And.; (3)
Internacional Olivarera, S.A.; and (4) Plasoliva, S.L. We received no
comments from interested parties regarding our intention to rescind the
review with respect to the four companies. Accordingly, in the absence
of reviewable, suspended entries of subject merchandise during the POR,
we are rescinding this administrative review with respect to these four
companies, in accordance with 19 CFR351.213(d)(3).
Preliminary Rate for Non-Selected Companies Under Review
There is one company (i.e., Aceitunas Guadalquivir, S.L.) for which
a review was requested and not rescinded, and which was not selected as
mandatory respondents or found to be cross-owned with a mandatory
respondent. For this company, 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 company 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.\10\
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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\10\ 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, 2021, through December 31, 2021:
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Subsidy rate
Producer/exporter (percent ad
valorem)
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Agro Sevilla Aceitunas S.Coop. And...................... 7.01
Angel Camacho Alimentaci[oacute]n, S.L. and its cross- 9.12
owned affiliates \11\..................................
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Review-Specific Average Rate Applicable to the Following Companies \12\
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Aceitunas Guadalquivir, S.L \13\........................ 7.83
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Disclosure
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\11\ 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.
\12\ 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.
\13\ Commerce found the following companies to be cross-owned
with Aceitunas Guadalquivir, S.L.U.: Coromar Inversiones, S.L., AG
Explotaciones Agricolas, S.L.U., and Grupo Aceitunas Guadalquivir,
S.L.
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Commerce intends to disclose its calculations and analysis
performed for these preliminary results within five days of the date of
publication of these preliminary results, in accordance with 19 CFR
351.224(b).\14\
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\14\ See 19 CFR 351.224(b).
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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.
For the companies for which this review is rescinded with these
preliminary results, we will instruct CBP to assess countervailing
duties on all appropriate entries at a rate equal to the cash deposit
of estimated countervailing duties required at the time of entry, or
withdrawal from warehouse, for consumption, during the period January
1, 2021, through December 31, 2021, in accordance with 19 CFR
351.212(c)(l)(i). For the companies remaining in the 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.
Public Comment
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.\15\ 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.\16\ All briefs must be filed electronically using ACCESS
and must be served on interested parties.\17\ Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\18\
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\15\ See 19 CFR 351.309(d).
\16\ See 19 CFR 351.309(c)(2) and (d)(2).
\17\ See 19 CFR 351.303.
\18\ 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 whether any
participant is a foreign national; and (3) a list of the 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, parties will be notified of the date and time for the hearing to
be determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
Final Results of Review
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, within 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).
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, 19 CFR
351.213(d)(4), 19 CR 351.213(h) and 19 CFR 351.221(b)(4).
Dated: August 31, 2023.
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. Partial Rescission of Administrative Review
VI. Subsidies Valuation
VII. Use of Facts Otherwise Available
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2023-19336 Filed 9-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 7, 2023.
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