Notice2024-17659
Ripe Olives From Spain: Continuation of Antidumping and Countervailing Duty Orders
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
August 9, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) order and countervailing duty (CVD) order on ripe olives from Spain would likely lead to the continuation or recurrence of dumping and net countervailable subsidies, and material injury to an industry in the United States, Commerce is publishing a notice of continuation of these AD and CVD orders.
Full Text
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<title>Federal Register, Volume 89 Issue 154 (Friday, August 9, 2024)</title>
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[Federal Register Volume 89, Number 154 (Friday, August 9, 2024)]
[Notices]
[Pages 65324-65325]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17659]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-817, C-469-818]
Ripe Olives From Spain: Continuation of Antidumping and
Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the antidumping duty (AD) order and countervailing
duty (CVD) order on ripe olives from Spain would likely lead to the
continuation or recurrence of dumping and net countervailable
subsidies, and material injury to an industry in the United States,
Commerce is publishing a notice of continuation of these AD and CVD
orders.
DATES: Applicable July 31, 2024.
FOR FURTHER INFORMATION CONTACT: 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) 482-1785.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2018, Commerce published in the Federal Register the
AD and CVD orders on ripe olives from Spain.\1\ On July 3, 2023, the
ITC instituted,\2\ and Commerce initiated,\3\ the first sunset review
of the Orders, pursuant to section 751(c) of the Tariff Act of 1930, as
amended (the Act). As a result of its review, Commerce determined that
revocation of the Orders would likely lead to the continuation or
recurrence of dumping and net countervailable subsidies, and therefore,
notified the ITC of the magnitude of the margins of dumping and subsidy
rates likely to prevail should the Orders be revoked.\4\
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\1\ See Ripe Olives from Spain: Notice of Antidumping Order, 83
FR 37465 (August 1, 2018), as corrected in Ripe Olives from Spain:
Notice of Correction to Antidumping Duty Order, 83 FR 39291 (August
10, 2018); see also Ripe Olives from Spain: Amended Final
Affirmative Countervailing Duty Determination and Countervailing
Duty Order, 83 FR 37469 (August 1, 2018) (collectively, Orders).
\2\ See Ripe Olives from Spain; Institution of Five-Year
Reviews, 88 FR 42751 (July 3, 2023).
\3\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 42688
(July 3, 2023).
\4\ See Ripe Olives from Spain: Final Results of the Expedited
First Sunset Review of the Antidumping Duty Order, 88 FR 75559
(November 3, 2023), and accompanying Issues and Decision Memorandum
(IDM); see also Ripe Olives from Spain: Final Results of the
Expedited First Sunset Review of the Countervailing Duty Order, 88
FR 75554 (November 3, 2023).
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On July 31, 2024, the ITC published its determination, pursuant to
sections 751(c) and 752(a) of the Act, that revocation of the Orders
would likely lead to continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable
time.\5\
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\5\ See Ripe Olives from Spain, 89 FR 61497 (July 31, 2024).
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Scope of the Orders
The merchandise covered by the Orders is ripe olives from Spain.
For a complete description of the scope of the Orders, see the appendix
to this notice.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to continuation or
recurrence of dumping and net countervailable subsidy rates, and
material injury to an industry in the United States, pursuant to
section 751(d)(2) of the Act, Commerce hereby orders the continuation
of the Orders. U.S. Customs and Border Protection will continue to
collect AD and CVD cash deposits at the rates in effect at the time of
entry for all imports of subject merchandise.
The effective date of the continuation of the Orders is July 31,
2024.\6\ Pursuant to section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to initiate the next five-year review
of the Orders not later than 30 days prior to fifth anniversary of the
date of the last determination by the ITC.
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\6\ Id.
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Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
an APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the return or destruction of APO materials, or
conversion to
[[Page 65325]]
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
These five-year (sunset) reviews and this notice are in accordance
with sections 751(c) and 751(d)(2) of the Act and published in
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).
Dated: August 2, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Scope of the Orders
The products covered by the Orders 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, multilayered 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.
Included are all ripe olives grown, processed in whole or in
part, or packaged in Spain. Subject merchandise includes ripe olives
that have been further processed in Spain or a third country,
including but not limited to curing, fermenting, rinsing, oxidizing,
pitting, slicing, chopping, segmenting, wedging, stuffing,
packaging, or heat treating, or any other processing that would not
otherwise remove the merchandise from the scope of the Order if
performed in Spain.
Subject merchandise includes ripe olives that otherwise meet the
definition above that are packaged together with non-subject
products, where the smallest individual packaging unit (e.g., can,
pouch, jar, etc.) of any such product--regardless of whether the
smallest unit of packaging is included in a larger packaging unit
(e.g., display case, etc.)--contains a majority (i.e., more than 50
percent) of ripe olives by net drained weight. The scope does not
include the non-subject components of such product.
Excluded from the scope are: (1) specialty olives \7\ (including
``Spanish-style,'' ``Sicilian-style,'' and other similar olives)
that have been processed by fermentation only, or by being cured in
an alkaline solution for not longer than 12 hours and subsequently
fermented; and (2) provisionally prepared olives unsuitable for
immediate consumption (currently classifiable in subheading 0711.20
of the Harmonized Tariff Schedule of the United States (HTSUS)).
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\7\ Some of the major types of specialty olives and their curing
methods are:
<bullet> ``Spanish-style'' green olives: Spanish-style green
olives have a mildly salty, slightly bitter taste, and are usually
pitted and stuffed. This style of olive is primarily produced in
Spain and can be made from various olive varieties. Most are stuffed
with pimento; other popular stuffings are jalapeno, garlic, and
cheese. The raw olives that are used to produce Spanish-style green
olives are picked while they are unripe, after which they are
submerged in an alkaline solution for typically less than a day to
partially remove their bitterness, rinsed, and fermented in a strong
salt brine, giving them their characteristic flavor.
<bullet> ``Sicilian-style'' green olives: Sicilian-style olives
are large, firm green olives with a natural bitter and savory
flavor. This style of olive is produced in small quantities in the
United States using a Sevillano variety of olive and harvested green
with a firm texture. Sicilian-style olives are processed using a
brine-cured method, and undergo a full fermentation in a salt and
lactic acid brine for four to nine months. These olives may be sold
whole unpitted, pitted, or stuffed.
<bullet> ``Kalamata'' olives: Kalamata olives are slightly
curved in shape, tender in texture, and purple in color, and have a
rich natural tangy and savory flavor. This style of olives is
produced in Greece using a Kalamata variety olive. The olives are
harvested after they are fully ripened on the tree, and typically
use a brine-cured fermentation method over four to nine months in a
salt brine.
<bullet> Other specialty olives in a full range of colors,
sizes, and origins, typically fermented in a salt brine for three
months or more.
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The merchandise subject to the Orders is currently classifiable
under subheadings 2005.70.0230, 2005.70.0260, 2005.70.0430,
2005.70.0460, 2005.70.5030, 2005.70.5060, 2005.70.6020,
2005.70.6030, 2005.70.6050, 2005.70.6060, 2005.70.6070,
2005.70.7000, 2005.70.7510, 2005.70.7515, 2005.70.7520, and
2005.70.7525 HTSUS. Subject merchandise may also be imported under
subheadings 2005.70.0600, 2005.70.0800, 2005.70.1200, 2005.70.1600,
2005.70.1800, 2005.70.2300, 2005.70.2510, 2005.70.2520,
2005.70.2530, 2005.70.2540, 2005.70.2550, 2005.70.2560,
2005.70.9100, 2005.70.9300, and 2005.70.9700. Although HTSUS
subheadings are provided for convenience and U.S. Customs purposes,
they do not define the scope of the Orders; rather, the written
description of the subject merchandise is dispositive.
[FR Doc. 2024-17659 Filed 8-8-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 9, 2024.
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