Notice2024-20623
Ripe Olives From Spain: Preliminary Results of Countervailing Duty Administrative Review and Partial Rescission of Review; 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 12, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that certain producers/exporters of producers and exporters of ripe olives from Spain received countervailable subsidies during the period of review (POR), January 1, 2022, through December 31, 2022. In addition, Commerce is rescinding the review, in part, with respect to three companies. Interested parties are invited to comment on these preliminary results.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 177 (Thursday, September 12, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 177 (Thursday, September 12, 2024)]
[Notices]
[Pages 74210-74212]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20623]
-----------------------------------------------------------------------
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; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that certain producers/exporters of producers and exporters of ripe
olives from Spain received countervailable subsidies during the period
of review (POR), January 1, 2022, through December 31, 2022. In
addition, Commerce is rescinding the review, in part, with respect to
three companies. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable September 12, 2024.
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
October 18, 2023, Commerce published in the Federal Register the notice
of initiation of an administrative review of the Order.\2\ On November
15, 2023, Commerce selected Agro Sevilla Aceitunas S.Coop And. (Agro
Sevilla) and Angel Camacho Alimentaci[oacute]n, S.L. (Camacho) for
individual examination as the mandatory respondents in this
administrative review.\3\ On April 5, 2024, Commerce extended the
deadline for the preliminary results review until August 29, 2024.\4\
On July 22, 2024, Commerce tolled certain deadlines in this
administrative proceeding by seven days.\5\ The deadline for the
preliminary results is now September 5, 2024.
---------------------------------------------------------------------------
\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 Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 71829 (October 18, 2023) (Initiation
Notice).
\3\ See Memorandum, ``Companies to be Reviewed; 2022,'' dated
November 15, 2023.
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated April
5, 2024.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\6\ A list of topics discussed in the Preliminary Decision
Memorandum is included in the Appendix I to this notice. The
Preliminary 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 Preliminary Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Countervailing Duty
Order on Ripe Olives from Spain; 2022,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
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.\7\
---------------------------------------------------------------------------
\7\ Id.
---------------------------------------------------------------------------
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 subsidy program found countervailable, we preliminarily
find 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).\8\ For a full description of the methodology
underlying our conclusions, including our reliance, in part, on facts
otherwise available pursuant to sections 776(a) and (b) of the Act, see
the Preliminary Determination Memorandum.
---------------------------------------------------------------------------
\8\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Partial Recission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. Commerce received timely filed
withdrawal requests with respect to one company, Plasoliva, S.L
(Plasoliva), pursuant to 19 CFR 351.213(d)(1).\9\ Because the
withdrawal request was timely filed, and no other parties requested a
review of this company, in accordance with 19 CFR 351.213(d)(1),
Commerce is rescinding this review of the Order with respect to
Plasoliva.
---------------------------------------------------------------------------
\9\ See Preliminary Decision Memorandum at the section titled
``Partial Rescission of Administrative Review.''
---------------------------------------------------------------------------
Additionally, Commerce's practice is to rescind an administrative
review of a countervailing duty 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.\10\
Normally,
[[Page 74211]]
upon completion of an administrative review, the suspended entries are
liquidated at the countervailing duty assessment rate calculated for
the review period.\11\ 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 countervailing duty assessment rate calculated for the
review period.\12\
---------------------------------------------------------------------------
\10\ 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).
\11\ See 19 CFR 351.212(b)(2).
\12\ See 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------
On February 8, 2024, we issued a memorandum notifying parties of
our intent to rescind this administrative review with respect to: (1)
Aceitunera del Norte de C[aacute]ceres, S.Coop.Ltda. de 2[deg] Grado;
and (2) Alimentary Group DCoop S.Coop. And.\13\ We received no comments
from interested parties regarding our intention to rescind the review
with respect to these two 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 two
companies, in accordance with 19 CFR351.213(d)(3).
---------------------------------------------------------------------------
\13\ See Memorandum, ``Notice of Intent to Rescind Review, in
Part,'' dated February 8, 2024. In this memorandum, Commerce also
notified parties of its intent to rescind the administrative review
with respect to Plasilova. However, as discussed above, Commerce is
rescinding the review with respect to Plasilova pursuant to 19 CFR
351.213(d)(1).
---------------------------------------------------------------------------
Preliminary Results of Review
Commerce preliminary determines that the following net
countervailable subsidy rates exist for the period January 1, 2022,
through December 31, 2022:
---------------------------------------------------------------------------
\14\ 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.
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Agro Sevilla Aceitunas S.Coop And....................... 6.59
Angel Camacho Alimentaci[oacute]n, S.L. and its cross- 12.69
owned affiliates \14\..................................
------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results to interested parties within five days after the
date of publication of this notice.\15\ Case briefs or other written
comments may be submitted to the Assistant Secretary for Enforcement
and Compliance. A timeline for the submission of case briefs and
written comments will be notified to interested parties at a later
date. Rebuttal briefs, limited to issues raised in the case briefs, may
be filed not later than five days after the date for filing case
briefs.\16\ Interested parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.\17\
---------------------------------------------------------------------------
\15\ See 19 CFR 351.224(b).
\16\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\17\ See 19 351.309(c)(2) and (d)(2)
---------------------------------------------------------------------------
As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\18\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this administrative review. We
request that interested parties include footnotes for relevant
citations in the executive summary of each issue. Note that Commerce
has amended certain of its requirements pertaining to the service of
documents in 19 CFR 351.303(f).\19\
---------------------------------------------------------------------------
\18\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\19\ See APO and Service Final Rule.
---------------------------------------------------------------------------
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 p.m. Eastern Time
within 30 days after the date of publication of this notice.
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).
Assessment Rates
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.221(b)(4)(i), we preliminarily determined subsidy rates in the
amounts shown above for the producers/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, countervailing duties on all
appropriate entries covered by this 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).
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, 2022, through December 31, 2022, in accordance with 19 CFR
351.212(c)(l)(i). Commerce intends to issue appropriate assessment
instructions to CBP no earlier than 35 days after the date of
publication of this notice in the Federal Register.
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 U.S. Customs
and Border Protection (CBP) to collect cash deposits of the estimated
countervailing duties 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
[[Page 74212]]
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 countervailing duties 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.
Notification to Interested Parties
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.213 and 351.221(b)(4).
Dated: September 5, 2024.
Abdelali Elouaradia,
Deputy 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. Partial Rescission of Administrative Review
V. Subsidies Valuation
VI. Use of Facts Otherwise Available
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2024-20623 Filed 9-11-24; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on September 12, 2024.
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.