Notice2023-19384
Ripe Olives From Spain: Preliminary Results of Antidumping Duty Administrative Review, and Partial Rescission of Review; 2021-2022
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 8, 2023
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, 2021, through July 31, 2022. In addition, we are rescinding the administrative review with respect to one company. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 173 (Friday, September 8, 2023)</title>
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[Federal Register Volume 88, Number 173 (Friday, September 8, 2023)]
[Notices]
[Pages 62052-62054]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19384]
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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 Partial Rescission of Review; 2021-2022
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), August 1, 2021, through July 31, 2022. In
addition, we are rescinding the administrative review with respect to
one company. We invite interested parties to comment on these
preliminary results.
DATES: Applicable September 8, 2023.
FOR FURTHER INFORMATION CONTACT: Dusten Hom or Mary Kolberg, 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) 482-1785,
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, 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
initiated the administrative review of seven companies.\3\ On November
10, 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: 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).
\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) (Initiation
Notice).
\4\ See Memorandum, ``Respondent Selection,'' dated November 10,
2022.
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On April 11, 2023, Commerce extended the time limit for issuing the
preliminary results of this review by 120 days, to no later than August
31, 2023.\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, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated April 11,
2023.
\6\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Ripe Olives from
Spain; 2021-2022,'' 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.
Methodology
Commerce is conducting this review in accordance with section 751
of the Tariff Act of 1930, as amended (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.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the party that requested
a review withdraws its request within 90 days of the date of
publication of the notice of initiation. The request for an
administrative review of Plasoliva, S.L (Plasoliva) was withdrawn
within 90 days of the date of publication of the Initiation Notice.\7\
No other party requested an administrative review of Plasoliva. As a
result, Commerce is rescinding this review with respect to
[[Page 62053]]
this company, in accordance with 19 CFR 351.213(d)(1).
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\7\ See Plasoliva's Letter, ``Withdrawal Request for
Administrative Review,'' dated January 9, 2023.
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Rate 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
individual 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.'' In this review, we preliminarily calculated
dumping margins for the two mandatory respondents, Agro Sevilla and
Camacho, of 2.42 and 2.35 percent, respectively, and have assigned to
the non-selected companies a rate of 2.39 percent, which is the
weighted average dumping margins of Agro Sevilla and Camacho weighted
by their publicly ranged U.S. sales values.\8\
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\8\ With two respondents under examination, Commerce normally
calculates (A) a weighted-average of the dumping margins calculated
for the examined respondents; (B) a simple average of the dumping
margins calculated for the examined respondents; and (C) a weighted-
average of the dumping margins calculated for the examined
respondent using each company's publicly-ranged U.S. sales
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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Preliminary Results of Review
We preliminarily determine that the following estimated weighted-
average dumping margins exist for the period August 1, 2021, through
July 31, 2022:
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Weighted-
average
Producer/exporter dumping margin
(percent)
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Agro Sevilla Aceitunas, S. Coop. And.................... 2.42
Angel Camacho Alimentacion, S.L......................... 2.35
Aceitunas Guadalquivir, S.L.U........................... 2.39
Aceitunera del Norte de C[aacute]ceres, S.Coop.Ltda. de 2.39
2 Grado................................................
Alimentary Group DCOOP, S.Coop.And...................... 2.39
Internacional Olivarera, S.A............................ 2.39
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Disclosure
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.\9\
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\9\ See 19 CFR 351.224(b).
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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.\10\ 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.\11\ Case and rebuttal briefs should be filed using ACCESS
and must be served on interested parties.\12\ Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\13\
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\10\ See 19 CFR 351.309(d).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
\12\ See 19 CFR 351.303.
\13\ 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.
Assessment Rates
Upon completion of the final results, Commerce shall determine, and
the U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.\14\ 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).\15\ 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.\16\ 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
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review and for future deposits of estimated duties, where
applicable.\17\
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\14\ See 19 CFR 351.212(b)(1).
\15\ 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).
\16\ See Final Modification for Reviews, 77 FR at 8103; see also
19 CFR 351.106(c)(2).
\17\ 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.\18\
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\18\ 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,\19\ the
all-others rate established in the LTFV investigation. These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\19\ See Ripe Olives from Spain: Antidumping Duty Order, 83 FR
37465 (August 1, 2018) (Order) at 37466.
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Final Results of Review
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)(1).
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 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 in the amount of antidumping duties by the amount of
countervailing duties.
Notification to Interested Parties
These preliminary results and notice are issued and published in
accordance with sections 751(a)(1) and 777(i) of the Act, 19 CFR
351.213(d)(4), 19 CFR 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. Rescission of Review, In Part
V. Rate for Non-Selected Companies
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2023-19384 Filed 9-7-23; 8:45 am]
BILLING CODE 3510-DS-P
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