[Federal Register Volume 85, Number 248 (Monday, December 28, 2020)]
[Notices]
[Pages 84294-84295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28589]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-469-818]


Ripe Olives From Spain: Preliminary Results of Countervailing 
Duty Administrative Review; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) is conducting an 
administrative review of the countervailing duty (CVD) order on ripe 
olives from Spain. Commerce preliminarily determines that exporters/
producers of ripe olives from Spain received countervailable subsidies 
during the period of review, November 28, 2017 through December 31, 
2018. Interested parties are invited to comment on these preliminary 
results.

DATES: Applicable December 28, 2020.

FOR FURTHER INFORMATION CONTACT: Mary Kolberg, Dusten Hom, or William 
Langley, 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-
1785, (202) 482-5075, (202) 482-3861, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 7, 2019, Commerce published the notice of initiation of 
an administrative review of the CVD order on ripe olives from Spain.\1\ 
On April 24, 2020, Commerce tolled all deadlines in administrative 
reviews by 50 days.\2\ On May 26, 2020, Commerce extended the deadline 
for the preliminary results of this review by 120 days.\3\ On July 21, 
2020, Commerce tolled deadlines for preliminary and final results in 
administrative reviews by an additional 60 days.\4\ Accordingly, the 
deadline for the preliminary results of this review was postponed to 
December 18, 2020.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 53411 (October 7, 2019).
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments due to COVID-19,'' dated April 24, 2020.
    \3\ See Memorandum, ``Ripe Olives from Spain: Extension of 
Deadline for Preliminary Results of 2017-2018 Countervailing Duty 
Administrative Review,'' dated May 26, 2020.
    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\5\ 
A list of topics

[[Page 84295]]

discussed in the Preliminary Decision Memorandum is included as the 
appendix 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 
http://access.trade.gov. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the 
Preliminary Decision Memorandum are identical in content.
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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2017-2018 Countervailing Duty Administrative Review 
of Ripe Olives from Spain,'' 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 this administrative review, see 
the Preliminary Decision Memorandum.\6\
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    \6\ See Memorandum, ``Ripe Olives from Spain: Decision 
Memorandum for Preliminary Results of Countervailing Duty 
Administrative Review; 2017-2018,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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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.\7\ For a full description 
of the methodology underlying our conclusions, see the Preliminary 
Decision Memorandum.
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    \7\ 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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    Commerce notes that, in making these findings, it relied, in part, 
on facts otherwise available pursuant to section 776(a) of the Act, as 
well as adverse facts available pursuant to section 776(b) of the Act. 
For further information, see ``Use of Facts Otherwise Available'' in 
the Preliminary Decision Memorandum.

Preliminary Results of Review

    We preliminarily determine the following net countervailable 
subsidy rates for the period November 28, 2017 through December 31, 
2018:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Alimentary Group DCoop S.Coop. And......................           21.12
Agro Sevilla Aceitunas S.Coop. And......................            6.47
Angel Camacho Alimentaci[oacute]n, S.L \8\..............            5.23
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\8\ As discussed in the Preliminary Decision Memorandum, Commerce has
  found the following companies to be cross-owned with Angel Camacho
  Alimentaci[oacute]n, S.L.: Grupo Angel Camacho Alimentac[iacute]on,
  Cuarterola S.L., and Cucanoche S.L.

Assessment Rates

    Consistent with section 751(a)(1) of the Act and 19 CFR 
351.212(b)(2), upon issuance of the final results, Commerce will 
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 instructions to CBP 15 days after 
publication of the final results of this review.

Cash Deposit Requirements

    In accordance with section 751(a)(2)(C) of the Act, Commerce also 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties in the amounts shown above 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. 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.

Disclosure and Public Comment

    Commerce intends to disclose its calculations and analysis 
performed in reaching the preliminary results within seven days of 
publication of these preliminary results.\9\ Commerce also intends to 
issue post-preliminary analysis memoranda subsequent to the publication 
of this notice. Commerce will notify the parties to this proceeding of 
the deadlines for the submission of case and rebuttal briefs after the 
issuance of the last post-preliminary analysis memorandum.\10\ Pursuant 
to 19 CFR 351.309(d)(2), rebuttal briefs must be limited to issues 
raised in the case briefs.\11\ Parties who submit arguments are 
requested to submit with the argument: (1) A statement of the issue; 
(2) a brief summary of the argument; and (3) a table of authorities. 
All briefs must be filed electronically using ACCESS.
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    \9\ See 19 CFR 351.224(b).
    \10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements); Temporary Rule Modifying AD/CVD Service 
Requirements Due to COVID-19, 85 FR 17006 (March 26, 2020); and 
Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-
19; Extension of Effective Period, 85 FR 41363 (July 10, 2020) 
(Temporary Rule).
    \11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
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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 p.m. Eastern Time within 30 days after the date of 
publication of this notice. Hearing requests should contain: (1) the 
party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of the issues to be discussed. Issues 
addressed at the hearing will be limited to those raised in the briefs. 
If a request for a hearing is made, Commerce intends to hold the 
hearing at a date and time to be determined.
    Commerce intends to issue the final results of this administrative 
review, including the results of our analysis of the issues raised by 
the parties in their comments, 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) unless this deadline is extended.

Notification to Interested Parties

    These preliminary results and notice are issued and published in 
accordance with sections 751(a) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(4)

    Dated: December 18, 2020.
Jeffrey I. Kessler,
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. Subsidies Valuation Information
V. Use of Facts Otherwise Available
VI. Analysis of Programs
VII. Recommendation

[FR Doc. 2020-28589 Filed 12-23-20; 8:45 am]
BILLING CODE 3510-DS-P