[Federal Register Volume 87, Number 131 (Monday, July 11, 2022)]
[Notices]
[Pages 41109-41110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14705]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-469-818]
Notice of Commencement of a Compliance Proceeding Pursuant to
Section 129 of the Uruguay Round Agreements Act
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is commencing a
proceeding to gather information, analyze record evidence, and consider
the determinations which would be necessary to bring its measures into
conformity with the recommendations and rulings of the Dispute
Settlement Body (DSB) of the World Trade Organization (WTO) in United
States--Antidumping and Countervailing Duties on Ripe Olives from Spain
(WTO/DS577). This dispute concerns the final determination issued in
the countervailing duty (CVD) investigation of ripe olives from Spain.
DATES: Applicable July 11, 2022.
FOR FURTHER INFORMATION CONTACT: Mary Kolberg or Dusten Hom, AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1785 or (202) 482-5075,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 24, 2022, the United States informed the DSB that the
United States intended to implement the DSB's recommendations and
rulings in WTO/DS577. The CVD investigation at issue is:
------------------------------------------------------------------------
FR cite/publication
Case No. Full title date
------------------------------------------------------------------------
C-469-818................ Ripe Olives from 83 FR 37469 (August
Spain: Amended Final 1, 2018).
Affirmative
Countervailing Duty
Determination and
Countervailing Duty
Order.
------------------------------------------------------------------------
Commencement of Section 129 Proceeding
In accordance with section 129(b)(1) of the Uruguay Round
Agreements Act (URAA), 19 U.S.C. 3538, Commerce consulted with the
Office of the United States Trade Representative, and on July 6, 2022,
pursuant to those consultations, opened a segment in the CVD proceeding
at issue to commence administrative action to comply with the DSB's
recommendations and rulings. The segment will consist of a separate
administrative record with its own administrative protective order. In
accordance with 19 CFR 351.305(b), interested parties may request
access to business proprietary information in this segment of the
proceeding. For this Section 129 segment, we may request additional
information and we may conduct verification of such information.
Consistent with section 129(d) of the URAA, Commerce intends to make a
preliminary determination in this Section 129 segment, intends to
provide interested parties with an opportunity to provide written
comments on the preliminary determination, and may hold a hearing.
Filing Requirements & Letter of Appearance
In accordance with Commerce's regulations, all submissions to
Commerce must be filed electronically using Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. An electronically filed document must be
received successfully in its entirety by the time and date it is due.
Documents exempted from the electronic submission requirements must be
filed manually (i.e., in paper form) with Enforcement and Compliance's
APO/Dockets Unit, Room 18002, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230, and stamped with the date
and time of receipt by the
[[Page 41110]]
applicable deadlines.\1\ Note that Commerce has temporarily modified
certain of its requirements for serving documents containing business
proprietary information until further notice.\2\
---------------------------------------------------------------------------
\1\ See generally 19 CFR 351.303 (for general filing
requirements.).
\2\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.103(d)(1), to be included on the public
service list for the Section 129 segment of the aforementioned
proceeding, all interested parties, including parties that were part of
the public service list in the underlying investigation and any parties
otherwise notified of Commerce's commencement of this Section 129
proceeding, must file a letter of appearance. The letter of appearance
must be filed separately from any other document (with the exception of
an application for administrative protective order (APO) access;
parties applying for and granted APO access would automatically be on
the public service list). Parties wishing to enter an appearance or
submit information with regard to this proceeding must upload their
filing(s) to the relevant case number. Additionally, for each
submission made in ACCESS, parties must select ``S 129--SEC 129'' as
the segment and enter ``DS577'' in the segment specific information
field.
Submission of Factual Information
Except as requested or allowed by Commerce, the administrative
record is closed for submitting new factual information. Specifically,
Commerce will be seeking new factual information in addition to
information already on the record of the investigation, and will
provide interested parties an opportunity to submit factual information
to rebut, clarify, or correct such factual information. Commerce will
establish a timeline for the submission of this factual information at
a later date.
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). The regulation requires any party,
when submitting factual information, to specify under which subsection
of 19 CFR 351.102(b)(21) the information is being submitted and, if the
information is submitted to rebut, clarify, or correct factual
information already on the record, to provide an explanation
identifying the information already on the record that the factual
information seeks to rebut, clarify, or correct.
Extension of Time Limits Regulation
Parties may request an extension of time limits before the
expiration of a time limit. In general, an extension request will be
considered untimely if it is filed after the expiration of the time
limit.\3\ For submissions that are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m. Eastern Time on the due date. Under certain
circumstances, we may elect to specify a different time limit by which
extension requests will be considered untimely for submissions which
are due from multiple parties simultaneously. In such a case, we will
inform parties in the letter or memorandum setting forth the deadline
(including a specified time) by which extension requests must be filed
to be considered timely. An extension request must be made in a
separate, stand-alone submission; under limited circumstances we will
grant untimely-field requests for an extension of time limits.\4\
---------------------------------------------------------------------------
\3\ See 19 CFR 351.302(b).
\4\ See Extension of Time Limits; Final Rule, 78 FR 57790
(September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
---------------------------------------------------------------------------
Certification Requirements
Any party submitting factual information in an antidumping or CVD
proceeding must certify to the accuracy and completeness of that
information.\5\ Parties must use the certification formats provided in
19 CFR 351.303(g).\6\ Commerce intends to reject factual submissions if
the submitting party does not comply with the applicable revised
certification requirements.
---------------------------------------------------------------------------
\5\ See section 782(b) of the Act.
\6\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------
Notification to Interested Parties
Interested parties may submit applications for disclosure under APO
in accordance with 19 CFR 351.305. Parties wishing to participate in
this proceeding should ensure that they meet the requirements of these
procedures at 19 CFR 351.103(d) and enter their appearance.
Representatives of interested parties may submit applications for
disclosure under APO in accordance with 19 CFR 351.305.
This notice is published in accordance with section 129(b)(1) of
the URAA.
Dated: July 6, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
[FR Doc. 2022-14705 Filed 7-8-22; 8:45 am]
BILLING CODE 3510-DS-P