Notice2023-24355
Ripe Olives From Spain: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order
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
November 3, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on ripe olives from Spain would be likely to lead to continuation or recurrence of countervailable subsidies at the levels indicated in the "Final Results of Sunset Review" section of this notice.
Full Text
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<title>Federal Register, Volume 88 Issue 212 (Friday, November 3, 2023)</title>
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[Federal Register Volume 88, Number 212 (Friday, November 3, 2023)]
[Notices]
[Pages 75554-75555]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24355]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-469-818]
Ripe Olives From Spain: Final Results of the Expedited First
Sunset Review of the Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) finds that
revocation of the countervailing duty (CVD) order on ripe olives from
Spain would be likely to lead to continuation or recurrence of
countervailable subsidies at the levels indicated in the ``Final
Results of Sunset Review'' section of this notice.
DATES: Applicable November 3, 2023.
FOR FURTHER INFORMATION CONTACT: Bryan Hansen, 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.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2018, Commerce published in the Federal Register the
CVD order on ripe olives from Spain.\1\ On July 3, 2023, Commerce
published in the Federal Register the Initiation Notice of the first
five-year sunset review of the Order pursuant to section 751(c) of the
Tariff Act of 1930, as amended (the Act).\2\ In accordance with 19 CFR
351.218(d)(1)(i) and (ii), Commerce received a timely notice of intent
to participate in this sunset review from Musco Family Olive Company
(Musco), a domestic interested party, within 15 days after the date of
publication of the Initiation Notice.\3\ Musco claimed interested party
status under section 771(9)(C) of the Act
[[Page 75555]]
as a producer of a domestic like product in the United States.\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 Initiation of Five-Year (Sunset) Reviews, 88 FR 42688
(July 3, 2023) (Initiation Notice).
\3\ See Musco's Letter, ``Notice of Intent to Participate,''
dated July 5, 2023.
\4\ Id.
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Commerce received a timely and adequate substantive response to the
Initiation Notice from Musco within the 30-day period specified in 19
CFR 351.218(d)(3)(i).\5\ Commerce received no substantive responses
from any other interested parties, including the Government of Spain,
nor was a hearing requested. On August 22, 2023, Commerce notified the
U.S. International Trade Commission that it did not receive an adequate
substantive response from other interested parties.\6\ As a result, in
accordance with section 751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited, i.e., 120-
day, sunset review of the Order.
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\5\ See Musco's Letter, ``Response to Notice of Initiation,''
dated August 2, 2023 (Substantive Response).
\6\ See Commerce's Letter, ``Sunset Reviews for July 2023,''
dated August 22, 2023.
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Scope of the Order
The products covered by the Order are certain processed olives,
usually referred to as ``ripe olives.'' The subject merchandise
includes all colors of olives; all shapes and sizes of olives, whether
pitted or not pitted, and whether whole, sliced, chopped, minced,
wedged, broken, or otherwise reduced in size; all types of packaging,
whether for consumer (retail) or institutional (food service) sale, and
whether canned or packaged in glass, metal, plastic, multi-layered
airtight containers (including pouches), or otherwise; and all manners
of preparation and preservation, whether low acid or acidified, stuffed
or not stuffed, with or without flavoring and/or saline solution, and
including in ambient, refrigerated, or frozen conditions.
For a full description of the scope of the Order, see the Issues
and Decision Memorandum.\7\
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\7\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Expedited First Sunset Review of the
Countervailing Duty Order on Ripe Olives from Spain,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Analysis of Comments Received
All issues raised in this sunset review are addressed in the Issues
and Decision Memorandum. A list of topics discussed in the Issues and
Decision Memorandum is included as Appendix I 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 directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce
determines that revocation of the Order would be likely to lead to
continuation or recurrence of a countervailable subsidy at the
following net countervailable subsidy rates:
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\8\ See Ripe Olives from Spain: Final Affirmative Countervailing
Duty Determination, 83 FR 28186 (June 18, 2018) (Final
Determination). Commerce found the following companies to be cross-
owned with Aceitunas Guadalquivir S.L.U.: Coromar Inv., S.L., AG
Explotaciones Agricolas, S.L.U., and Grupo Aceitunas Guadalquivir,
S.L. See Ripe Olives from Spain: Preliminary Affirmative
Countervailing Duty Determination, and Alignment of Final
Determination With Final Antidumping Duty Determination, 82 FR 56218
(November 28, 2017) (Investigation Preliminary Determination), and
accompanying Preliminary Decision Memorandum (PDM) at 9, unchanged
in Final Determination.
\9\ Commerce found the following companies to be cross-owned
with Angel Camacho Alimentaci[oacute]n, S.L.: Grupo Angel Camacho
Alimentaci[oacute]n, Cuarterola S.L., and Cucanoche S.L. See
Investigation Preliminary Determination PDM at 11, unchanged in
Final Determination.
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Subsidy rate
Exporter/producer (percent ad
valorem)
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Aceitunas Guadalquivir S.L.U.\8\........................ 11.87
Agro Sevilla Aceitunas S.Coop.And....................... 7.64
Angel Camacho Alimentaci[oacute]n, S.L.\9\.............. 13.90
All Others.............................................. 11.32
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Administrative Protective Order
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a). 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 which is subject to
sanction.
Notification to Interested Parties
We are issuing and publishing these final results and notice in
accordance with sections 751(c), 752(b), and 777(i)(1) of the Act, and
19 CFR 351.218.
Dated: October 30, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of a Countervailable
Subsidy
2. Net Countervailable Subsidy Likely To Prevail
3. Nature of the Subsidy
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2023-24355 Filed 11-2-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 3, 2023.
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