[Federal Register Volume 87, Number 171 (Tuesday, September 6, 2022)]
[Notices]
[Pages 54460-54462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19198]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-469-818]


Ripe Olives From Spain: Preliminary Results of Countervailing 
Duty Administrative Review; 2020

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that countervailable subsidies are being provided to 
producers/exporters of ripe olives from Spain during the period of 
review, January 1, 2020, through December 31, 2020. Interested parties 
are invited to comment on these preliminary results.

DATES: Applicable September 6, 2022.

FOR FURTHER INFORMATION CONTACT: Mary Kolberg or Theodore Pearson, 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 or (202) 
482-2631, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On August 1, 2018, Commerce published in the Federal Register the 
countervailing duty (CVD) order on ripe olives from Spain.\1\ On 
October 7, 2021, Commerce published the notice of initiation of an 
administrative review of the Order.\2\ On March 29, 2022, Commerce 
extended the deadline for the preliminary results of this review by 120 
days until August 31, 2022.\3\ For a complete description of the events 
that followed the initiation of this review, see the Preliminary 
Decision Memorandum.\4\ A list of topics 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 https://access.trade.gov. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \1\ See Ripe Olives from Spain: Amended Final Affirmative 
Countervailing Duty Determination and Countervailing Duty Order, 83 
FR 37469 (August 1, 2018) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 55811 (October 7, 2021).
    \3\ See Memorandum, ``Ripe Olives from Spain: Extension of 
Deadline for Preliminary Results of Countervailing Duty 
Administrative Review; 2020,'' dated March 29, 2022.
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2020 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 the Order, see the Preliminary 
Decision Memorandum.\5\
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    \5\ Id.
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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 to be 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).\6\ For a full 
description of the methodology underlying our conclusions, including 
our reliance, in part, on facts otherwise available pursuant to section 
776(a) of the Act, see the Preliminary Decision Memorandum.
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    \6\ 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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[[Page 54461]]

Preliminary 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 Aceitunas S.Coop. And. (Agro Sevilla) and Angel Camacho 
Alimentaci[oacute]n, S.L. (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 by Agro Sevilla and Camacho.\7\ This methodology 
to establish the all-others subsidy rate is consistent with our 
practice and section 705(c)(5)(A) of the Act which governs the 
calculation of the all-others rate in an investigation. For further 
information on the calculation of the non-selected respondent rate, see 
the section in the Preliminary Decision Memorandum entitled ``Non-
Selected Company Rate.''
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    \7\ 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 values 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., Ripe Olives from Spain: Final Results of Countervailing 
Duty Administrative Review; 2019, 48 FR 13970 (March 11, 2022).
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Preliminary Results of Review

    We preliminarily find the following net countervailable subsidy 
rates exist for the period January 1, 2020, through December 31, 2020:
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    \8\ As discussed in the Preliminary Decision Memorandum, 
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.
    \9\ 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 
705(c)(5)(A) of the Act.

------------------------------------------------------------------------
                                                           Subsidy rate
                    Producer/exporter                       (percent ad
                                                             valorem)
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Agro Sevilla Aceitunas S.Coop. And......................            8.32
Angel Camacho Alimentaci[oacute]n, S.L. and its cross-              4.58
 owned affiliates \8\...................................
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 Review-Specific Average Rate Applicable to the Following Companies \9\
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Aceitunas Guadalquivir, S.L.............................            6.68
Alimentary Group Dcoop S. Coop. And.....................            6.68
Aceitunas Torrent, S.L..................................            6.68
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Verification

    As provided in section 782(i)(3) of the Act, Commerce intends to 
verify the information relied upon in its final results of review.

Disclosure and Public Comment

    We will disclose to parties in this review the calculations 
performed for these preliminary results within five days of the date of 
publication of this notice.\10\ A timeline for the submission of case 
and rebuttal briefs and written comments will be provided to interested 
parties at a later date.\11\ Pursuant to 19 CFR 351.309(c)(2) and 
(d)(2), parties who submit case briefs or rebuttal briefs in this 
review 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. All briefs must be filed electronically using ACCESS. Note 
that Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\12\
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    \10\ See 19 CFR 351.224(b).
    \11\ See 19 CFR 351.309(c) and (d).
    \12\ 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 by 5 p.m. eastern time within 30 days after the date of 
publication of this notice. Requests should contain the party's name, 
address, and telephone number, the number of participants, whether any 
participant is a foreign national, and a list of the 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, parties will 
be notified of the date and time for the hearing to be determined.
    Unless extended, we intend 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, no later than 120 days 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)(1).

Assessment Rates

    In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily 
determined subsidy rates in the amounts shown above for the producer/
exporters shown above. Upon completion of the administrative review, 
consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), 
Commerce shall determine, and CBP shall assess, CVDs 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).

Cash Deposit Requirements

    In accordance with section 751(a)(2)(C) of the Act, Commerce also 
intends upon publication of the final results, to instruct CBP to 
collect cash deposits of estimated CVDs in the amounts calculated in 
the final results of this review 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. If the rate calculated 
in the final results is zero or de minimis, no cash deposit will be 
required on shipments of the 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 CVDs 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.

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).


[[Page 54462]]


    Dated: August 30, 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. Non-Selected Company Rate
V. Subsidies Valuation Information
VI. Use of Facts Otherwise Available
VII. Analysis of Programs
VIII. Recommendation

[FR Doc. 2022-19198 Filed 9-2-22; 8:45 am]
BILLING CODE 3510-DS-P