Notice2026-02639
Ripe Olives From Spain: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2023
Primary source
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Published
February 10, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that certain producers/exporters of ripe olives from Spain received countervailable subsidies during the period of review (POR) January 1, 2023, through December 31, 2023. In addition, Commerce is rescinding this review, in part, with respect to two companies. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 91 Issue 27 (Tuesday, February 10, 2026)</title>
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[Federal Register Volume 91, Number 27 (Tuesday, February 10, 2026)]
[Notices]
[Pages 5918-5920]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02639]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-469-818]
Ripe Olives From Spain: Preliminary Results and Partial
Rescission of Countervailing Duty Administrative Review; 2023
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 ripe olives from Spain received
countervailable subsidies during the period of review (POR) January 1,
2023, through December 31, 2023. In addition, Commerce is rescinding
this review, in part, with respect to two companies. Interested parties
are invited to comment on these preliminary results.
DATES: Applicable February 10, 2026.
FOR FURTHER INFORMATION CONTACT: Ted Pearson or Stefan Smith 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) 482-2631 or (202) 482-4342,
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
September 20, 2024, Commerce published in the Federal Register the
notice of initiation of an administrative review of the Order.\2\ On
November 4, 2024, 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\
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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 Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 77079 (September 20, 2024) (Initiation
Notice).
\3\ See Memorandum, ``Companies to be Reviewed,'' dated November
4, 2024.
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On December 9, 2024, Commerce tolled certain deadlines in this
administrative proceeding by an additional 90 days.\4\ On July 1, 2025,
Commerce extended the deadline for the preliminary results of this
review until December 1, 2025.\5\ Due to the lapse in appropriations
and Federal Government shutdown, on November 14, 2025, Commerce tolled
all deadlines in administrative proceedings by 47 days.\6\
Additionally, due to a backlog of documents that were electronically
filed via Enforcement and Compliance's Antidumping and Countervailing
Duty Centralized Electronic Service System (ACCESS) during the Federal
Government shutdown, on November 24, 2025, Commerce tolled all
deadlines in administrative proceedings by an additional 21 days.\7\
Accordingly, the deadline for the preliminary results is now February
5, 2026.
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\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated July
1, 2025.
\6\ ``See Memorandum, ``Deadlines Affected by the Shutdown of
the Federal Government,'' dated November 14, 2025.
\7\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\8\
A list of topics included in the Preliminary Decision Memorandum is
included in the Appendix to this notice. The Preliminary Decision
Memorandum is a public document and is on file electronically 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>.
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\8\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Countervailing Duty
Order on Ripe Olives from Spain; 2023,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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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.
Partial Rescission 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 the review withdraw their requests within 90 days of the date
of publication of the notice of initiation. Commerce received a timely
filed withdrawal of review for Aceitunas Guadalquivir, S.L.
(Guadalquivir).\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), we are rescinding this review of the Order with
respect to Guadalquivir.
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\9\ See Guadalquivir's Letter, ``Withdrawal Request for
Administrative Review Ripe Olives from Spain,'' dated October 1,
2024.
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Additionally, Commerce's practice is to rescind an administrative
review of the 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, 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 for the review period.\12\
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\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).
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On March 18, 2025, we issued a memorandum notifying parties of our
intent to rescind this administrative review with respect to Alimentary
Group DCoop, S.Coop. And. (DCoop).\13\ We received no comments from
interested parties regarding our intention to rescind the review with
respect to DCoop. Accordingly, in the absence of reviewable, suspended
entries of subject merchandise during the POR, we are rescinding this
administrative review with respect to
[[Page 5919]]
DCoop, in accordance with 19 CFR 351.213(d)(3).
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\13\ See Memorandum, ``Intent to Rescind Review, in Part,''
dated March 18, 2025.
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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 of the subsidy program found countervailable, Commerce
preliminarily determines 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.\14\ For a full description
of the methodology underlying our conclusions, including our reliance,
in part, on facts otherwise available with adverse inferences pursuant
to sections 776(a) and (b) of the Act, see the Preliminary Decision
Memorandum.
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\14\ 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.
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Preliminary Results of Review
As a result of this review, we preliminarily determine the
following net countervailable subsidy rates exist for the POR, January
1, 2023, through December 31, 2023:
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\15\ 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.
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Subsidy Rate
Company (percent ad
valorem)
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Agro Sevilla Aceitunas S.Coop And....................... 5.00
Angel Camacho Alimentaci[oacute]n, S.L. and its cross- 20.10
owned affiliates \15\..................................
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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).
Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information relied upon in making its final results.\16\
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\16\ See Musco Family Olive Company's Letter, ``Request for
Verification,'' dated December 9, 2024.
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Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to Commerce no later than seven days after the date of the last
verification report issued in this administrative review. 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.\17\
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.\18\ All briefs must be filed electronically
using ACCESS. An electronically filed document must be received
successfully in its entirety in ACCESS by 5:00 p.m. Eastern Time on the
established deadline.
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\17\ 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 Procedures).
\18\ See 19 CFR 351.309(c)(2) and (d)(2)
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As provided under 19 CFR 351.309(c)(2)(iii) and (d)(2)(iii), we
request that interested parties provide at the beginning of their
briefs a public, executive summary for each issue raised in their
briefs.\19\ Further, we request that interested parties limit their
executive summary of each issue to no more than 450 words, not
including citations. We intend to use the 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).\20\
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\19\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\20\ See APO and Service Procedures.
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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 by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice. 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. Oral presentations at the
hearing will be limited to issues raised in the briefs. If a request
for a hearing is made, Commerce will inform parties of the scheduled
date for the hearing.\21\
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\21\ See 19 CFR 351.310(d).
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Assessment Rates
In accordance with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), we preliminarily assigned 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 U.S. Customs
and Border Protection (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 listed above 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, 2023, through December 31, 2023, in accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to issue rescission instructions to
CBP no earlier than 35 days after the date of publication of this
rescission 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 CBP to
collect cash deposits of estimated countervailing duties in the amounts
calculated in the final results of this review for the respective
companies listed above, on shipments of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of the final results of this administrative review. If the
rate 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 administrative 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 instructions, when imposed, shall
remain in effect until further notice.
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Final Results of Administrative Review
Unless extended, Commerce 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 after the date
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).
Notification to Interested Parties
The preliminary results and notice 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: February 5, 2026.
Christoper Abbott,
Deputy Assistance Secretary for Policy and Negotiations, performing the
non-exclusive functions and dutiesof the 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. Use of Facts Otherwise Available
VI. Subsidies Valuation
VII. Loan and Benchmark Interest Rates
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2026-02639 Filed 2-9-26; 8:45 am]
BILLING CODE 3510-DS-P
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