Notice2025-10944
Ripe Olives From Spain: Final Results of Antidumping Duty Administrative Review; 2022-2023
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
June 16, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that certain 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, 2022, through July 31, 2023.
Full Text
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<title>Federal Register, Volume 90 Issue 114 (Monday, June 16, 2025)</title>
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[Federal Register Volume 90, Number 114 (Monday, June 16, 2025)]
[Notices]
[Pages 25223-25225]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-10944]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-817]
Ripe Olives From Spain: Final Results of Antidumping Duty
Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain 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, 2022, through July 31, 2023.
DATES: Applicable June 16, 2025.
FOR FURTHER INFORMATION CONTACT: Paul Kebker or Maria Aymerich, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5075 and (202) 482-1785,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 12, 2024, Commerce published the Preliminary Results
of the 2022-2023 administrative review of the antidumping duty order on
ripe olives from Spain and invited comments from interested parties.\1\
On December 9, 2024, Commerce tolled administrative deadlines by 90
days.\2\ On March 18, 2025, Commerce extended the deadline for issuing
the final results until June 9, 2025.\3\ For a complete description of
the events that occurred since the Preliminary Results, see the Issues
and Decision Memorandum.\4\ Commerce conducted this review in
accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as
amended (the Act).
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\1\ See Ripe Olives from Spain: Preliminary Results of
Antidumping Duty Administrative Review, and Partial Rescission of
Review; 2022-2023, 89 FR 74207 (September 12, 2024) (Preliminary
Results), and accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\3\ See Memorandum, ``Extension of Deadline for Final Results of
the Antidumping Duty Administrative Review,'' dated March 18, 2025.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of Antidumping Duty Administrative Review of Ripe
Olives from Spain; 2022-2023,'' dated concurrently with, and hereby
adopted by this notice (Issues and Decision Memorandum).
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Scope of the Order <SUP>5</SUP>
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\5\ 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)
(collectively, Order).
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The products covered by the Order are ripe olives from Spain. For a
full description of the scope of the Order, see the Issues and Decision
Memorandum.\6\
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\6\ See Issues and Decision Memorandum.
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Analysis of Comments Received
The issues raised by the interested parties in their case and
rebuttal briefs are addressed in the Issues and Decision Memorandum.
The topics discussed and the issues raised by parties to which we
responded in the Issues and Decision Memorandum are listed in the
appendix 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 at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on the comments received from interested parties, we made
certain changes to the Preliminary Results. For further discussion of
these changes, see the Issues and Decision Memorandum.
Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be assigned to respondents not selected for
individual examination when Commerce limits its examination of
companies subject to the administrative review pursuant to section
777A(c)(2)(B) of the Act. Generally, Commerce looks to section
735(c)(5) of the Act, which provides instructions for calculating the
all-others rate in an investigation, for guidance when calculating the
rate for respondents not individually examined 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 and de minimis
margins, and any margins determined entirely {on the basis of facts
available{time} .'' Accordingly, in the final results of review, we are
assigning to the companies not individually examined, listed in the
chart below, an estimated weighted-average dumping margin based on the
average of Agro Sevilla Aceitunas, S. Coop.And.'s (Agro Sevilla), and
Angel Camacho Alimentaci[oacute]n, S.L.'s (Camacho) rates weighted by
their publicly available ranged U.S. sales values.\7\
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\7\ See Preliminary Results PDM at 4, unchanged in these final
results; see also Memorandum, ``Calculation of the Final Margin for
Respondents Not Selected for Individual Examination,'' dated
concurrently with this notice.
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Final Results of Review
Commerce determines that the following estimated weighted-average
dumping margins exist for the period August 1, 2022, through July 31,
2023:
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Weighted-average
Producer/exporter dumping margin
(percent)
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Agro Sevilla Aceitunas, S. Coop. And................ 2.64
Angel Camacho Alimentaci[oacute]n, S.L.............. 3.68
Aceitunera del Norte de C[aacute]ceres, S.Coop.Ltda. 3.08
de 2 Grado.........................................
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Alimentary Group DCOOP, S.Coop. And................. 3.08
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Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties for these preliminary results within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce has determined, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with the final results of this review.
Because the weighted-average dumping margins for Agro Sevilla and
Camacho are not zero or de minimis (i.e., less than 0.5 percent) in the
final results of this review, we calculated 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).\8\
Where an importer-specific assessment rate is de minimis (i.e., less
than 0.5 percent), the entries by that importer will be liquidated
without regard to antidumping duties. 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 review and for future deposits of estimated duties,
where applicable.\9\
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\8\ In these final 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).
\9\ See section 751(a)(2)(C) of the Act.
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For all non-selected separate rate applicants subject to this
review, we will instruct CBP to liquidate all entries of subject
merchandise that entered the United States during the POR at the
average of the rates calculated for Agro Sevilla and Camacho as listed
above. 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.\10\
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\10\ 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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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
Upon publication of this notice in the Federal Register, the
following cash deposit requirements will be effective for all shipments
of ripe 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,\11\ 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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\11\ See Ripe Olives from Spain: Final Affirmative Determination
of Sales at Less Than Fair Value, 83 FR 28193 (June 18, 2018).
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Notification to Importers
This notice serves as a final 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 the
countervailing duties.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. 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 subject
to sanction.
Notification to Interested Parties
Commerce is issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: June 9, 2025.
Steven Presing,
Acting Deputy Assistant Secretary for Policy and Negotiations.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Included the Correct Expenses in
Agro Sevilla's U.S. Direct Selling Expenses in the Margin Program
Comment 2: Whether Commerce Included the Correct Expenses in
Camacho's U.S. International Movement Expenses in the Margin Program
Comment 3: Whether Commerce Properly Accounted for Certain of
Camacho's Home Market Advertising Expenses in the Comparison Market
Program
Comment 4: Whether Commerce Referenced the Correct All-Others
Rate in the Preliminary Results
Comment 5: Whether to Make Certain Changes to Commerce's Major
Input Analysis of Agro Sevilla
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Comment 6: Whether Commerce Erred in Applying Its Differential
Pricing Analysis to Agro Sevilla's and Camacho's Sales
VI. Recommendation
[FR Doc. 2025-10944 Filed 6-13-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 16, 2025.
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