[Federal Register Volume 87, Number 110 (Wednesday, June 8, 2022)]
[Notices]
[Pages 34841-34844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12350]


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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 Preliminary Determination of No Shipments; 
2020-2021

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),

[[Page 34842]]

August 1, 2020, through July 31, 2021. We invite interested parties to 
comment on these preliminary results.

DATES: Applicable June 8, 2022.

FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Claudia Cott, 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) 482-3683 or (202) 482-4270, 
respectively.

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 
2, 2021, we published in the Federal Register a notice of opportunity 
to request an administrative review of the Order.\2\ On October 7, 
2021, based on timely requests for an administrative review, Commerce 
initiated the administrative review of five companies.\3\ On November 
10, 2021, Commerce selected Agro Sevilla Aceitunas, S. Coop. And. (Agro 
Sevilla) and Angel Camacho Alimentacion, S.L. (Camacho) as the 
mandatory respondents in this administrative review.\4\
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    \1\ See Ripe Olives from Spain: Antidumping Duty Order, 83 FR 
37465 (August 1, 2018); see also Ripe Olives from Spain: Notice of 
Correction to Antidumping Duty Order, 83 FR 39691 (August 10, 2018) 
(Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 86 FR 41436 (August 2, 2021).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 55811 (October 7, 2021).
    \4\ See Memorandum, ``Ripe Olives from Spain; 2020-2021: 
Respondent Selection,'' dated November 10, 2021.
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    On March 31, 2022, Commerce extended the time limit for issuing the 
preliminary results of this review by 35 days, to no later than June 7, 
2022.\5\ For a complete description of the events between the 
initiation of this review and these preliminary results, see the 
Preliminary Decision Memorandum.\6\
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    \5\ See Memorandum, ``Ripe Olives from Spain; 2020-21: Extension 
of Deadline for Preliminary Results of Antidumping Duty 
Administrative Review,'' dated March 31, 2022.
    \6\ See Memorandum, ``Ripe Olives from Spain: Decision 
Memorandum for Preliminary Results of Antidumping Duty 
Administrative Review; 2020-2021,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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    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 Enforcement and Compliance's Antidumping and Countervailing 
Duty Centralized Electronic Service System (ACCESS). ACCESS is 
available to registered users at https://access.trade.gov. In addition, 
a complete version of the Preliminary Decision Memorandum is available 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

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.\7\
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    \7\ See Preliminary Decision Memorandum at ``Scope of the 
Order.''
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Verification

    Commerce was unable to conduct on-site verifications of the 
information we will rely upon for the final results of review. However, 
we took additional steps in lieu of on-site verifications to verify the 
information which we will rely upon for the final results of review, in 
accordance with section 782(i) of the Tariff Act of 1930, as amended 
(the Act).\8\
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    \8\ See Commerce's Letters, In Lieu of On-Site Verification 
Questionnaires to Agro Sevilla and Camacho, dated April 18, 2022; 
Agro Sevilla's Letter, ``Agro Sevilla's Response to the Department's 
Questionnaire in Lieu of Verification: Ripe Olives From Spain (08/
01/2020-07/31/2021),'' dated April 25, 2022; and Camacho's Letter, 
``Camacho's Response to Questionnaire in Lieu of Verification 
Response Ripe Olives From Spain (POR3: 08/01/2020-07/31/2021),'' 
dated April 25, 2022.
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Methodology

    Commerce is conducting this review in accordance with section 751 
of 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.

Rates 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 
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 margins 
determined entirely {on the basis of facts available{time} .''
    In this review, we preliminarily calculated weighted-average 
dumping margins for the mandatory respondents, Agro Sevilla and Camacho 
that are not zero, de minimis, or determined entirely on the basis of 
facts available. Accordingly, Commerce is preliminarily assigning to 
the companies not individually examined, listed in the chart below, a 
margin of 2.87 percent which is the weighted-average of Agro Sevilla's 
and Camacho's calculated weighted-average dumping margins.\9\
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    \9\ For more information regarding the calculation of this 
margin, see Memorandum, ``Ripe Olives from Spain: Calculation of the 
Preliminary Margin for Respondents Not Selected for Individual 
Examination,'' dated concurrently with this notice. As the weighting 
factor, we relied on the publicly ranged sales data reported in the 
quantity and value charts submitted by Agro Sevilla and Camacho.
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Preliminary Determination of No Shipments

    On October 27, 2021, Alimentary Group Dcoop S. Coop. And. (Dcoop) 
timely filed a letter certifying that it had no U.S. exports, sales, or 
entries of subject merchandise to the United States during the POR.\10\ 
Subsequently, we received information from U.S. Customs and Border 
Protection (CBP) confirming Dcoop's no shipment claims. Based on the 
foregoing, Commerce preliminarily determines that Dcoop did not have 
any reviewable transactions during the POR. For additional information 
regarding this determination, see the Preliminary Decision Memorandum. 
Consistent with Commerce's practice, we are not preliminarily 
rescinding the review with respect to Dcoop but, rather, we will 
complete the review with respect to Dcoop and issue appropriate 
instructions to CBP based on the final results of this review.\11\
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    \10\ See Dcoop's Letter, ``DCOOP's Statement of No Exports, 
Sales, or Entries During the Period of Review (POR3) Ripe Olives 
from Span {sic{time}  (08/01/2020-07/31/2021),'' dated October 27, 
2021.
    \11\ See, e.g., Narrow Woven Ribbons with Woven Selvedge from 
Taiwan; Preliminary Results of Antidumping Duty Administrative 
Review and Preliminary Determination of No Shipments; 2014-2015, 81 
FR 71057, 71058 (October 14, 2016), unchanged in Narrow Woven 
Ribbons with Woven Selvedge from Taiwan; Final Results of 
Antidumping Duty Administrative Review and Final Determination of No 
Shipments; 2014-2015, 82 FR 18432, 18433 (April 19, 2017).

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[[Page 34843]]

Preliminary Results of Review

    We preliminarily determine that the following weighted-average 
dumping margins exist for the respondents for the period August 1, 
2020, through July 31, 2021:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Agro Sevilla Aceitunas, S. Coop. And........................        1.84
Angel Camacho Alimentacion, S.L.............................        4.56
------------------------------------------------------------------------

    Review-Specific Average Rate Applicable to the Following Companies:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Aceitunas Guadalquivir, S.L.U...............................        2.87
Aceitunas Torrent, S.L......................................        2.87
------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose the calculations performed in connection with 
these preliminary results to interested parties within five days after 
public announcement of the preliminary results.\12\ Pursuant to 19 CFR 
351.309(c), interested parties may submit case briefs to the Assistant 
Secretary for Enforcement and Compliance no later than 30 days after 
the date of publication of this notice. Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed not later than seven 
days after the date for filing case briefs.\13\ Parties who submit case 
briefs or rebuttal briefs in this proceeding are encouraged to submit 
with each argument: (1) a statement of the issue; (2) a brief summary 
of the argument; and (3) a table of authorities.\14\ Case and rebuttal 
briefs should be filed using ACCESS and must be served on interested 
parties.\15\ Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\16\
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    \12\ See 19 CFR 351.224(b).
    \13\ See 19 CFR 351.309(d).
    \14\ See 19 CFR 351.309(c)(2) and (d)(2).
    \15\ See 19 CFR 351.303.
    \16\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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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. 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. Issues raised in the hearing will be limited to 
those raised in the respective case briefs. An electronically filed 
hearing request must be received successfully in its entirety by 
Commerce's electronic records system, ACCESS, by 5:00 p.m. Eastern Time 
within 30 days after the date of publication of this notice. If a 
request for a hearing is made, Commerce intends to hold the hearing at 
a time and date to be determined. Parties should confirm by telephone 
the date, time, and location of the hearing two days before the 
scheduled date.
    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).

Assessment Rates

    Upon completion of the final results, Commerce shall determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review.\17\ 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).\18\ 
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.\19\ 
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.\20\
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    \17\ See 19 CFR 351.212(b)(1).
    \18\ 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).
    \19\ See Final Modification for Reviews, 77 FR at 8103; see also 
19 CFR 351.106(c)(2).
    \20\ 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.\21\
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    \21\ 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.
    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,\22\ the 
all-others rate

[[Page 34844]]

established in the LTFV investigation. These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \22\ See Ripe Olives from Spain: Final Affirmative Determination 
of Sales at Less Than Fair Value, 83 FR 28193 (June 18, 2018).
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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 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 duties occurred and the subsequent assessment of double 
antidumping duties.

Notification to Interested Parties

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

    Dated: June 3, 2022.
Lisa W. Wang,
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. Preliminary Determination of No Shipments
V. Rate for Non-Selected Companies
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2022-12350 Filed 6-7-22; 8:45 am]
BILLING CODE 3510-DS-P