Notice2026-02875
Ripe Olives From Spain: Preliminary Results of Antidumping Duty Administrative Review, and Partial Rescission of Review; 2023-2024
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
February 13, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that 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, 2023, through July 31, 2024. In addition, we are rescinding the administrative review with respect to one company. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 91 Issue 30 (Friday, February 13, 2026)</title>
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[Federal Register Volume 91, Number 30 (Friday, February 13, 2026)]
[Notices]
[Pages 6816-6818]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02875]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-817]
Ripe Olives From Spain: Preliminary Results of Antidumping Duty
Administrative Review, and Partial Rescission of Review; 2023-2024
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that 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, 2023, through July 31, 2024. In
addition, we are rescinding the administrative review with respect to
one company. We invite interested parties to comment on these
preliminary results.
DATES: Applicable February 13, 2026.
FOR FURTHER INFORMATION CONTACT: Maria Teresa 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) 482-0499.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2018, Commerce published in the Federal Register the
antidumping duty order on ripe olives (olives) from Spain.\1\ On August
1, 2024, we published in the Federal Register a notice of opportunity
to request an administrative review of the Order.\2\ On September 20,
2024, based on timely requests for an administrative review, Commerce
initiated the administrative review of four companies.\3\ On October
22, 2024, Commerce selected Agro Sevilla Aceitunas, S. Coop. And. (Agro
Sevilla) as the sole mandatory respondent in this administrative
review.\4\
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\1\ See Ripe Olives from Spain: Antidumping Duty Order, 83 FR
37465 (August 1, 2018) (Order); see also Ripe Olives from Spain:
Notice of Correction to Antidumping Duty Order, 83 FR 39691 (August
10, 2018) (Amended Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 89 FR 62714 (August 1,
2024).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 77079 (September 20, 2024) (Initiation
Notice).
\4\ See Memorandum, ``2023-2024 Administrative Review of the
Antidumping Duty Order on Ripe Olives from Spain: Respondent
Selection,'' dated October 22, 2024.
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On December 9, 2024, Commerce tolled certain deadlines in this
administrative proceeding by ninety days.\5\ On June 23, 2025, Commerce
extended the preliminary results of this review to November 24,
2025.\6\ Due to the lapse in appropriations and Federal Government
shutdown, on November 14, 2025, Commerce tolled all deadlines in
administrative proceeding by 47 days.\7\ 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.\8\ On January 29, 2026, Commerce
extended the preliminary results of this review to February 5, 2026.\9\
Therefore, the deadline for these final results is February 5, 2026.
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\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\6\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated June 23,
2025.
\7\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\8\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
\9\ See Memorandum, ``Second Extension of Deadline for
Preliminary Results of Antidumping Duty Administrative Review,''
dated January 29, 2026.
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For a complete description of the events between the initiation of
this review and these preliminary results, see the Preliminary Decision
Memorandum.\10\ A list of the topics discussed in the Preliminary
Decision Memorandum is attached as the appendix to this notice. The
Preliminary Decision Memorandum is a public document and is made
available to the public via 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 is available at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\10\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Ripe Olives from
Spain; 2023-2024,'' dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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Scope of the Order
The products covered by this Order are olives from Spain. For a
full description of the scope of the Order, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section 751
of the Tariff Act of 1930, as amended (the Act). Export price and
constructed export price are calculated in accordance with section 772
of the Act. Normal value is calculated in accordance with section 773
of the Act. For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the party that requested
a review withdraws its request within 90 days of the date of
publication of the notice of initiation. The request for an
administrative review of Aceitunas Guadalquivir, S.L. (Aceitunas
Guadalquivir) was withdrawn within 90 days of the date of publication
of the Initiation Notice.\11\ No other party requested an
administrative review of Aceitunas Guadalquivir. As a result, Commerce
is rescinding this review with respect to this company, in accordance
with 19 CFR 351.213(d)(1). Additionally, we initiated an administrative
review of Alimentary Group DCOOP, S.Coop.And. (Alimentary Group).
However, because Alimentary Group did not have any entries during the
POR, we intend to rescind the review with respect to this company.
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\11\ See Aceitunas Guadalquivir, S.L. Letter, ``Aceitunas
Guadalquivir, S.L. Withdrawal Request for Administrative Review Ripe
Olives from Spain (POR6),'' dated October 1, 2024.
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Rate for Non-Selected Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Generally, Commerce looks to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in a market
economy investigation, for guidance when calculating the rate for
companies which were not selected for individual examination 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 or
de minimis margins, and any
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margins determined entirely {on the basis of facts available{time} .''
For these preliminary results, we calculated a dumping margin of 3.54
percent for Agro Sevilla, the mandatory respondent in this review.
Thus, for the non-examined company, Angel Camacho Alimentacion, S.L.,
we are assigning Agro Sevilla's rate of 3.54 percent.
Preliminary Results of Review
We preliminarily determine that the following estimated weighted-
average dumping margins exist for the period August 1, 2023, through
July 31, 2024:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Agro Sevilla Aceitunas, S. Coop. And........................ 3.54
Angel Camacho Alimentacion, S.L............................. 3.54
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Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in 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 the Federal Register, in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(3) of the Act, because Commerce has
received a timely request to conduct verification by an interested
party and has not made a verification in the two immediately preceding
reviews, Commerce intends to verify certain information reported by
Agro Sevilla.\12\
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\12\ See Musco Family Olive Company's Letter, ``Ripe Olives from
Spain; 6th Administrative Review; Request for Verification,'' dated
December 9, 2024. The Musco Family Olive Company is a member of the
Petitioners (the Coalition for Fair Trade in Ripe Olives).
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Public Comment
Because Commerce intends to conduct verification of the
questionnaire responses of Agro Sevilla, interested parties will be
notified of the deadline for the submission of case briefs at a later
date.\13\ 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.\14\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), interested
parties who submit case or rebuttal briefs in this proceeding must
submit: (1) a table of contents listing each issue; and (2) a table of
authorities.
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\13\ See 19 CFR 351.303 (for general filing requirements).
\14\ 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).
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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.\15\ 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 review. We
request that interested parties include footnotes for relevant
citations in the executive summary of each issue.
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\15\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
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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, U.S. Department of Commerce,
within 30 days after the date of publication of this notice in the
Federal Register. Hearing requests should contain: (1) the requesting
party's name, address, and telephone number; (2) the number of
participants and whether any participant is a foreign national; and (3)
a list of issues to be discussed. Issues raised in the hearing will be
limited to those raised in the respective case and rebuttal briefs. If
a request for a hearing is made, Commerce intends to hold the hearing
at a date and time to be determined.\16\ Parties should confirm by
telephone the date, time, and location of the hearing two days before
the scheduled date.
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\16\ See 19 CFR 351.310(d).
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All submissions, including case and rebuttal briefs, as well as
hearing requests, should be filed via ACCESS.\17\ An electronically
filed document must be received successfully in its entirety by ACCESS
by 5:00 p.m. Eastern Time on the established deadline. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\18\
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\17\ See 19 CFR 351.303.
\18\ See APO and Service Final Rule.
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Final Results of Review
Unless extended, Commerce intends to issue the final results of
this administrative review, including the results of its analysis of
the issues raised in any written briefs, no later than 120 days after
the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Assessment Rates
Upon completion of the final results, Commerce shall determine, and
the U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.\19\ If a
respondent's weighted-average dumping margin is not zero or de minimis
(i.e., less than 0.5 percent) in the final results of this review, we
intend to calculate 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).\20\ If the respondent's weighted-
average dumping margin or an importer-specific assessment rate is zero
or de minimis in the final results of this review, we intend to
instruct CBP not to assess duties on any of its entries in accordance
with the Final Modification for Reviews.\21\ 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.\22\
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\19\ See 19 CFR 351.212(b)(1).
\20\ In these preliminary 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) (Final Modification for
Reviews).
\21\ See Final Modification for Reviews, 77 FR at 8103; see also
19 CFR 351.106(c)(2).
\22\ See section 751(a)(2)(C) of the Act.
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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.\23\
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\23\ 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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For the companies identified above that were not selected for
individual examination, we will instruct CBP to liquidate entries at
the rates established after the completion of the final results of
review.
Because Commerce is rescinding this review with respect to
Aceitunas Guadalquivir, we will instruct CBP to
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assess antidumping duties on all appropriate entries of subject
merchandise during the POR from this company at a rate equal to the
cash deposit rate for estimated antidumping duties that was required at
the time of entry, or withdrawal from warehouse, for consumption, in
accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue its
rescission instructions to CBP no earlier than 35 days after the date
of publication of this notice in the Federal Register.
Further, because Commerce intends to rescind this review with
respect to Alimentary Group, we intend to instruct CBP to assess
antidumping duties on all appropriate entries of subject merchandise
during the POR from this company at a rate equal to the cash deposit
rate for estimated antidumping duties that was required at the time of
entry, or withdrawal from warehouse, for consumption, in accordance
with 19 CFR 351.212(c)(1)(i). Commerce intends to issue its rescission
instructions to CBP no earlier than 35 days after the date of
publication of the final results in the Federal Register.
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
The following cash deposit requirements for estimated antidumping
duties will be effective upon publication in the Federal Register of
the notice of final results of this review for all shipments of 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,\24\ 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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\24\ See Order, 83 FR at 37466; see also Amended Order, 83 FR at
39692.
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Notification to Importers
This notice serves as a preliminary 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
countervailing duties.
Notification to Interested Parties
These preliminary results and notice are issued and published in
accordance with sections 751(a)(1) and 777(i) of the Act, 19 CFR
351.213(d)(4), 19 CFR 351.213(h) and 19 CFR 351.221(b)(4).
Dated: February 5, 2026.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of 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. Rescission of Review, In Part
V. Rate for Non-Selected Companies
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2026-02875 Filed 2-12-26; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 13, 2026.
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