[Federal Register Volume 87, Number 48 (Friday, March 11, 2022)]
[Notices]
[Pages 13970-13971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05212]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-469-818]


Ripe Olives From Spain: Final Results of Countervailing Duty 
Administrative Review; 2019

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

SUMMARY: The Department of Commerce (Commerce) determines that certain 
producers/exporters of ripe olives from Spain received countervailable 
subsidies during the period of review (POR), January 1, 2019, through 
December 31, 2019.

DATES: Applicable March 11, 2022.

FOR FURTHER INFORMATION CONTACT: Mary Kolberg or Dusten Hom, 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 and (202) 482-5075, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results of this review on 
September 7, 2021, and invited comments from interested parties.\1\ On 
December 6, 2021, Commerce extended the deadline for the final results 
of this administrative review until March 4, 2022.\2\ For a complete 
description of the events that occurred since the Preliminary Results, 
see the Issues and Decision Memorandum.\3\
---------------------------------------------------------------------------

    \1\ See Ripe Olives from Spain: Preliminary Results of 
Countervailing Duty Administrative Review; 2019, 86 FR 50022 
(September 7, 2021) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Ripe Olives from Spain: Extension of 
Deadline for Final Results of Countervailing Duty Administrative 
Review; 2019,'' dated December 6, 2021.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Countervailing Duty Administrative Review of 
Ripe Olives from Spain; 2017-2018,'' dated concurrently with, and 
hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the order are ripe olives from Spain. For a 
complete description of the scope of this order, see the Issues and 
Decision Memorandum.

Analysis of Comments Received

    All issues raised by the interested parties in their case and 
rebuttal briefs are addressed in the Issues and Decision Memorandum. A 
list of these issues is identified 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 CVD 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on the comments received from interested parties, we revised 
the calculation of the net countervailable subsidy rates for the 
respondents: Agro Sevilla Aceitunas S.COOP Andalusia (Agro Sevilla) and 
Angel Camacho Alimentacion S.L. (Camacho). For a discussion of these 
issues, see the Issues and Decision Memorandum.

Methodology

    Commerce conducted this 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 to be countervailable, we determine that 
there is a subsidy, i.e., a government-provided financial contribution 
that gives rise to a benefit to the recipient, and that the subsidy is 
specific.\4\ The Issues and Decision Memorandum contains a full 
description of the methodology underlying Commerce's conclusions, 
including any determination that relied upon the use of facts otherwise 
available, including, adverse facts available, pursuant to sections 
776(a) and (b) of the Act.
---------------------------------------------------------------------------

    \4\ 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.
---------------------------------------------------------------------------

Rate for Non-Selected Companies Under Review

    There are three companies for which a review was requested and not 
rescinded, and which were not selected as mandatory respondents or 
found to be cross owned with a mandatory respondent. For these 
companies, because the rates calculated for the mandatory respondents, 
Agro Sevilla and Camacho, were above de minimis and not based entirely 
on facts available, we are applying to the non-selected companies the 
weighted average of the net subsidy rates calculated for Agro Sevilla 
and Camacho, which we calculated using the publicly-ranged sales data 
submitted

[[Page 13971]]

by Agro Sevilla and Camacho.\5\ This methodology to establish the all-
others subsidy rate is consistent with our practice and section 
705(c)(5)(A) of the Act.
---------------------------------------------------------------------------

    \5\ With two respondents under examination, Commerce normally 
calculates (A) a weighted-average of the estimated subsidy rates 
calculated for the examined respondents; (B) a simple average of the 
estimated subsidy rates calculated for the examined respondents; and 
(C) a weighted-average of the estimated subsidy rates calculated for 
the examined respondents using each company's publicly-ranged U.S. 
sale quantities for the merchandise under consideration. Commerce 
then compares (B) and (C) to (A) and selects the rate closest to (A) 
as the most appropriate rate for all other producers and exporters. 
See, e.g., Ball Bearings and Parts Thereof from France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53663 
(September 1, 2010).
---------------------------------------------------------------------------

Final Results of Review

    We determine the following net countervailable subsidy rates for 
the POR January 1, 2019, through December 31, 2019:

------------------------------------------------------------------------
                                                           Subsidy rate
                    Exporter/producer                       (percent ad
                                                             valorem)
------------------------------------------------------------------------
Agro Sevilla Aceitunas S.Coop And.......................            4.98
Angel Camacho Alimentacion S.L. and its cross-owned                 2.43
 affiliates \6\.........................................
------------------------------------------------------------------------
 Review-Specific Average Rate Applicable to the Following Companies \7\
------------------------------------------------------------------------
Aceitunas Guadalquivir, S.L.............................            3.76
Alimentary Group Dcoop S. Coop. And.....................            3.76
Internacional Olivarera, S.A............................            3.76
------------------------------------------------------------------------

Disclosure

    We intend to disclose to interested parties the calculations and 
analysis performed in the final results of this review within five days 
of the date of publication of this notice in accordance with 19 CFR 
351.224(b).
---------------------------------------------------------------------------

    \6\ 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.
    \7\ This rate is based on the rates for the respondents that 
were selected for individual review, excluding rates that are zero, 
de minimis, or based entirely on facts available. See section 
735(c)(5)(A) of the Act.
---------------------------------------------------------------------------

Assessment

    In accordance with section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), Commerce shall determine, and CBP shall assess, 
countervailing duties on all appropriate entries covered by this 
review. Commerce intends to issue appropriate assessment instructions 
to CBP no earlier than 35 days after the date of this 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

    In accordance with section 751(a)(1) of the Act, Commerce also 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties in the amounts shown above for the above-listed 
companies with regard to shipments of subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of these final results of review. For all non-reviewed 
firms, CBP will continue to collect cash deposits of estimated 
countervailing duties at the most recent company-specific or all-others 
rate applicable to the company, as appropriate. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Administrative Protective Order

    This notice serves as a final reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return or destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is sanctionable violation.

Notification to Interested Parties

    These final results are issued and published in accordance with 
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5).

    Dated: March 4, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Non-Selected Companies Under Review
V. Subsidies Valuation
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Analysis of Programs
VIII. Analysis of Comments
    Comment 1: Whether Commerce Properly Interpreted and Applied the 
Standard Established by Section 771B(1) of the Act for Determining 
``Substantially Dependent'' Demand
    Comment 2: Whether the EU CAP Pillar I--BPS is De Jure Specific
    Comment 3: Whether Loans From the European Investment Bank (EIB) 
are Countervailable
    Comment 4: Whether Loans From the European Investment Fund (EIF) 
are Countervailable
    Comment 5: Whether Commerce Should Adjust its Calculations for 
Purchases of Molinos
    Comment 6: Whether Commerce Should Base its Final Subsidy Rates 
for Camacho and Agro Sevilla on Adverse Facts Available (AFA)
    Comment 7: Whether Commerce Should Use Partial AFA in the Per-
Kilogram (KG) Benefit Calculation of Certain Growers
    Comment 8: Whether Commerce Should Assign Dcoop its Company-
Specific Rate From the First Administrative Review as the Rate for 
This Administrative Review
    Comment 9: Whether Commerce Should Correct Certain Errors in its 
Calculations
IX. Recommendation

[FR Doc. 2022-05212 Filed 3-10-22; 8:45 am]
BILLING CODE 3510-DS-P