Ripe Olives From Spain: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2024

Issuing agencies

Abstract

The U.S. Department of Commerce (Commerce) preliminarily finds that countervailable subsidies were provided to producers and exporters of ripe olives from Spain. The period of review (POR) is January 1, 2024, through December 31, 2024. In addition, Commerce is rescinding this review, in part, with respect to four companies. Interested parties are invited to comment on these preliminary results.

Full Text

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<title>Federal Register, Volume 91 Issue 212 (Wednesday, November 4, 2026)</title>
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[Federal Register Volume 91, Number 212 (Wednesday, November 4, 2026)]
[Notices]
[Pages 69535-69538]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-22525]


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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; 2024

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that countervailable subsidies were provided to producers and exporters 
of ripe olives from Spain. The period of review (POR) is January 1, 
2024, through December 31, 2024. In addition, Commerce is rescinding 
this review, in part, with respect to four companies. Interested 
parties are invited to comment on these preliminary results.

DATES: Applicable November 4, 2026.

FOR FURTHER INFORMATION CONTACT: 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) 482-4342.

SUPPLEMENTARY INFORMATION:

Background

    On September 25, 2025, based on timely requests for review, in 
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative 
review of the countervailing duty order on ripe olives from Spain.\1\ 
On January 21, 2026, Commerce selected Agro Sevilla Aceitunas S.Coop 
And. (Agro Sevilla) as the mandatory respondent in this administrative 
review.\2\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 90 FR 46173 (September 25, 2025) (Initiation 
Notice); see also Ripe Olives from Spain: Amended Final Affirmative 
Countervailing Duty Determination and Countervailing Duty Order, 83 
FR 37469 (August 1, 2018) (Order).
    \2\ See Memorandum, ``Respondent Selection,'' dated January 21, 
2026.
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    Due to the lapse in appropriations and Federal Government shutdown, 
on November 14, 2025, Commerce tolled all deadlines in administrative 
proceedings by 47 days.\3\ 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)

[[Page 69536]]

during the Federal Government shutdown, on November 24, 2025, Commerce 
tolled all deadlines in administrative proceedings by an additional 21 
days.\4\ On June 15, 2026, Commerce extended the deadline for the 
preliminary results of this review by 83 days.\5\ Further, on August 
27, 2026, we extended the deadline for the preliminary results of this 
review by 30 days.\6\ Accordingly, the deadline for the preliminary 
results is now November 2, 2026.
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    \3\ See Memorandum, ``Deadlines Affected by the Shutdown of the 
Federal Government,'' dated November 14, 2025.
    \4\ See Memorandum, ``Tolling of all Case Deadlines,'' dated 
November 24, 2025.
    \5\ See Memorandum, ``First Extension of Deadline for 
Preliminary Results of Countervailing Duty Administrative Review,'' 
dated June 15, 2026.
    \6\ See Memorandum, ``Second Extension of Deadline for 
Preliminary Results of Countervailing Duty Administrative Review,'' 
dated August 27, 2026.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\7\ 
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 via 
ACCESS, which 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/frnotices">https://access.trade.gov/frnotices</a>.
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    \7\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Countervailing Duty 
Order on Ripe Olives from Spain; 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 the Order are ripe olives from Spain. For a 
complete description of the scope of the Order, see the Preliminary 
Decision Memorandum.

Rescission of Administrative Review, in Part

    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 requests for Plasoliva, S.L. (Plasoliva).\8\ 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 Plasoliva.
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    \8\ See Plasoliva's Letter, ``Withdrawal Request for 
Administrative Review Ripe Olives from Spain,'' dated January 28, 
2026.
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    Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to 
rescind an administrative review of a countervailing duty order where 
it concludes that there were no suspended entries of subject 
merchandise during the POR.\9\ Normally, upon completion of an 
administrative review, the suspended entries are liquidated at the 
countervailing duty assessment rate calculated for the POR.\10\ 
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 POR.\11\
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    \9\ 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).
    \10\ See 19 CFR 351.212(b)(2).
    \11\ See 19 CFR 351.213(d)(3).
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    On August 27, 2026, we issued a memorandum notifying parties of our 
intent to rescind this administrative review with respect to: (1) 
Alimentary Group DCoop, S.Coop. And.; (2) Aceitunera del Norte de 
Caceres, Soc. Coop. LTDA 2[deg] Grado; and (3) Aceitunera del Norte de 
C[aacute]ceres, S.C.L.\12\ We received no comments from interested 
parties regarding our intention to rescind the review with respect to 
these 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 three companies, in 
accordance with 19 CFR 351.213(d)(3).
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    \12\ See Memorandum, ``Intent to Rescind Review, in Part,'' 
dated August 27, 2026.
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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 programs 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.\13\ For a full description 
of the methodology underlying our conclusions, including our reliance, 
in part, on facts otherwise available pursuant to sections 776(a) of 
the Act, see the Preliminary Decision Memorandum.
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    \13\ 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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Review-Specific Rate for Non-Selected Companies Under Review

    There is one company for which a review was requested and for which 
Commerce does not intend to rescind review and which was not selected 
as a mandatory respondent or found to be cross-owned with a mandatory 
respondent, Angel Camacho Alimentaci[oacute]n, S.L. (Camacho). The Act 
does not address the establishment of a rate to apply to companies not 
selected for individual examination when Commerce limits its 
examination in an administrative review pursuant to section 777A(e)(2) 
of the Act. However, Commerce's regulation at 19 CFR 351.109(g) states 
that Commerce will determine the rate for non-selected companies by 
following the process set forth in 19 CFR 351.109(f)(1)-(2), which 
generally parallels the process for determining the all-others rate in 
an investigation under section 705(c)(5) of the Act. Section 
705(c)(5)(A) of the Act and 19 CFR 351.109(f) state that for companies 
not investigated, in general, we will determine an all-others rate by 
weight averaging the countervailable subsidy rates established for each 
of the companies individually investigated, excluding zero and de 
minimis rates or any rates based entirely on facts available.
    Accordingly, to determine the rate for companies not selected for 
individual examination, Commerce's practice is to weight average the 
net subsidy rates for the selected mandatory respondents, excluding 
rates that are zero, de minimis, or based entirely on facts 
available.\14\ Because the rate calculated for Agro Sevilla is above de 
minimis and not based entirely on facts available, we are applying to 
the non-selected company the net subsidy rates calculated for Agro 
Sevilla.
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    \14\ See, e.g. Finished Carbon Steel Flanges from India: Final 
Results of Countervailing Duty Administrative Review; 2023, 91 FR 
34605 (June 8, 2026).
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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, 2024, through December 31, 2024:

------------------------------------------------------------------------
                                                               Subsidy
                                                                 rate
                          Company                            (percent ad
                                                               valorem)
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Agro Sevilla Aceitunas S.Coop And..........................         4.57

[[Page 69537]]

 
Angel Camacho Alimentaci[oacute]n, S.L. and its cross-owned         4.57
 affiliates \15\...........................................
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Disclosure
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    \15\ Commerce previously determined that Angel Camacho 
Alimentaci[oacute]n, S.L.; Cuarterola S.L.; Cucanoche S.L.; and 
Grupo Angel Camacho, S.L. are cross-owned. See Ripe Olives from 
Spain: Final Results of Countervailing Duty Administrative Review; 
2023, 91 FR 48062 (July 30, 2026).
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    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).

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR 
351.309(c)(1)(ii), we have modified the deadline for interested parties 
to submit case briefs to Commerce to no later than 21 days after the 
date of the publication of this notice.\16\ 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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    \16\ See 19 CFR 351.309.
    \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 
whether any participant is a foreign national; 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, 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 discussed above in the section entitled 
``Rescission of Administrative Review, In Part,'' and for which this 
review is being rescinded, 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, 2024, through December 31, 2024, 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 
notice in the Federal Register.

Cash Deposit Requirements

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.107(e), 
Commerce intends to instruct CBP to collect cash deposits of estimated 
countervailing duties 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, as follows: 
(1) the cash deposit rate for the company listed above will be equal to 
the company-specific estimated individual countervailable subsidy rates 
determined in the final results of this review, except if the rate is 
less than 0.50 percent and, therefore, de minimis within the meaning of 
19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; 
(2) if both the producer and exporter of the subject merchandise have 
company-specific estimated subsidy rates assigned, and their rates 
differ, then the applicable cash deposit rate will be the higher of 
these two rates; (3) if either the producer or the exporter, but not 
both, of the subject merchandise has a company-specific estimated 
subsidy rate assigned, the applicable cash deposit rate will be that 
company's company-specific rate; and (4) the cash deposit rate for all 
other producers and exporters will be continue to be 11.08 percent, the 
all-others subsidy rate established in the investigation.\22\ These 
cash deposit instructions, when imposed, shall remain in effect until 
further notice.
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    \22\ See Ripe Olives from Spain: Implementation of Determination 
Under Section 129 of the Uruguay Round Agreements Act, 88 FR 3384 
(January 19, 2023).
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Final Results of Administrative Review

    Unless the deadline is extended, Commerce intends 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

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.213 and 351.221(b)(4).


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    Dated: October 30, 2026.
Scot Fullerton,
Acting Deputy Assistance Secretary for Antidumping and Countervailing 
Duty Operations.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Use of Facts Otherwise Available
V. Subsidies Valuation
VI. Loan and Benchmark Interest Rates
VII. Analysis of Programs
VIII. Recommendation

[FR Doc. 2026-22525 Filed 11-3-26; 8:45 am]
BILLING CODE 3510-DS-P


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