[Federal Register Volume 87, Number 236 (Friday, December 9, 2022)]
[Notices]
[Pages 75589-75591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26782]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-817]


Ripe Olives From Spain: Final Results of Antidumping Duty 
Administrative Review and Final Determination of No Shipments; 2020-
2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
producers or exporters subject to this administrative review made sales 
of subject merchandise at less than normal value during the period of 
review (POR), August 1, 2020, through July 31, 2021. We further 
determine that Alimentary Group Dcoop S. Coop. And. (Dcoop) had no 
shipments during the POR.

DATES: Applicable December 9, 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 June 8, 2022, Commerce published the preliminary results of the 
2020-2021 administrative review of the antidumping duty order on ripe 
olives from Spain.\1\ This administrative review covers five producers 
or exporters of the subject merchandise, including the two mandatory 
respondents, Agro Sevilla Aceitunas, S. Coop. And. (Agro Sevilla), and 
Angel Camacho Alimentacion, S.L. (Camacho). We invited interested 
parties to comment on the Preliminary Results.\2\ On July 8, 2022, we 
received case briefs from the domestic interested party, Musco Family 
Olive Company (Musco), and from the mandatory respondents, Agro Sevilla 
and Camacho.\3\ On July 15, 2022, Agro Sevilla and Camacho submitted 
rebuttal briefs.\4\ On September 12, 2022, Commerce extended the 
deadline for the final results by 60 days to December 5, 2022.\5\ 
Commerce conducted this review in accordance with section 751(a)(1)(B) 
of the Tariff Act of 1930, as amended (the Act).
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    \1\ See Ripe Olives from Spain: Preliminary Results of 
Antidumping Duty Administrative Review and Preliminary Determination 
of No Shipments; 2020-2021, 87 FR 34841 (June 8, 2022) (Preliminary 
Results), and accompanying Preliminary Decision Memorandum.
    \2\ See Preliminary Results, 87 FR at 34842.
    \3\ See Musco's Letters, ``Ripe Olives from Spain; 3rd 
Administrative Review Musco Case Brief Concerning Agro Sevilla,'' 
dated July 8, 2022; and ``Ripe Olives from Spain; 3rd Administrative 
Review Musco Case Brief Concerning Camacho,'' dated July 8, 2022; 
see also Agro Sevilla's Letter, ``Case Brief of Agro Sevilla 
Aceitunas S.Coop Andalusia and its Affiliated Importer, Agro Sevilla 
USA Ripe Olives From Spain (POR3: 08/01/2020-07/31/2021),'' dated 
July 8, 2022; Camacho's Letter, ``Camacho's Letter in Lieu of Case 
Brief Ripe Olives From Spain (08/01/2020-07/31/2021),'' dated July 
8, 2022.
    \4\ See Agro Sevilla's Letter, ``Rebuttal Brief of Agro Sevilla 
Aceitunas S.Coop Andalusia and its Affiliated Importer, Agro Sevilla 
USA Ripe Olives From Spain (POR3: 08/01/2020-07/31/2021),'' dated 
July 15, 2022; see also Camacho's Letter, ``Camacho's Rebuttal Brief 
Ripe Olives From Spain (POR3: 08/01/2020-07/31/2021),'' dated July 
15, 2022.
    \5\ See Memorandum, ``Ripe Olives from Spain: Extension of 
Deadline for Final Results of Antidumping Duty Administrative 
Review; 2020-2021,'' dated September 12, 2022.
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Scope of the Order 6
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    \6\ See Ripe Olives from Spain: Antidumping Duty Order, 83 FR 
37465 (August 1, 2018) (Order); see also Ripe Olives from Spain: 
Notice of Correction to Antidumping Duty Order, 83 FR 39691 (August 
10, 2018) (Order).
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    The products covered by the Order are ripe olives from Spain. For a 
full description of the scope of the Order, see the Issues and Decision 
Memorandum.\7\
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    \7\  See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of Antidumping Duty Administrative Review: Ripe Olives 
from Spain; 2020-2021,'' dated concurrently with, and hereby adopted 
by, this notice (Issues and Decision Memorandum).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs that were 
submitted by parties in this administrative review are addressed in the 
Issues and Decision Memorandum and are listed 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 
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 Issues and Decision Memorandum can 
be accessed at https://access.trade.gov/public/FRNoticesListLayout.aspx.

[[Page 75590]]

Changes Since the Preliminary Results

    We made no changes to our calculations for the final results of 
review.

Final Determination of No Shipments

    We preliminary found that Dcoop had no shipments of subject 
merchandise during the POR.\8\ No party commented on the Preliminary 
Results regarding the no-shipments decision with respect to Dcoop. 
Therefore, for the final results, we continue to find that Dcoop had no 
shipments of subject merchandise during the POR and will issue 
appropriate instructions to U.S. Customs and Border Protection (CBP) 
based on the final results.
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    \8\ See Preliminary Results, 87 FR at 34842.
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Rate for Non-Examined Companies

    In the Preliminary Results, Commerce 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.\9\ No party commented on the Preliminary 
Results regarding the rates assigned to non-examined respondents and we 
have made no changes to the margin calculations for the mandatory 
respondents. Therefore, in accordance with section 735(c)(5)(A) of the 
Act, Commerce assigned 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 for these final results.\10\
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    \9\ Id.
    \10\ 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 June 3, 2022. 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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Final Results of Review

    Commerce determines that the following weighted-average dumping 
margins exist for the period August 1, 2020, through July 31, 2021:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
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Agro Sevilla Aceitunas, S. Coop. And........................        1.84
Angel Camacho Alimentacion, S.L.............................        4.56
Aceitunas Guadalquivir, S.L.U...............................        2.87
Aceitunas Torrent, S.L......................................        2.87
------------------------------------------------------------------------

Disclosure

    Normally, Commerce discloses to the parties in a proceeding the 
calculations performed in connection with final results of review 
within five days after public announcement of final results.\11\ 
However, because Commerce made no adjustments to the margin calculation 
methodology used in the Preliminary Results, there are no calculations 
to disclose for the final results of review.
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    \11\ See 19 CFR 351.224(b).
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Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce will determine, and CBP shall assess, antidumping duties on 
all appropriate entries of subject merchandise in accordance with the 
final results of this review. Because the weighted-average dumping 
margins for Agro Sevilla and Camacho are not zero or de minimis (i.e., 
less than 0.5 percent) in the final results of this review, we 
calculated 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).\12\ 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.\13\
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    \12\ In these final 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).
    \13\ 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.\14\ 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.
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    \14\ 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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    Because we have determined that Dcoop had no shipments of subject 
merchandise in this review, Commerce will instruct CBP to liquidate any 
suspended entries that entered under Dcoop's case number (i.e., at 
Dcoop's cash deposit rate) at the all-others rate (i.e., 19.98 
percent).
    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

    Upon publication of this notice in the Federal Register, the 
following cash deposit requirements will be effective for all shipments 
of ripe 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,\15\ the all-others rate established in the LTFV investigation. 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.
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    \15\ 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 final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing 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 and/or countervailing duties occurred 
and the subsequent assessment of double antidumping duties, and/or an 
increase

[[Page 75591]]

in the amount of antidumping duties by the amount of the countervailing 
duties.

Administrative Protective Order

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

Notification to Interested Parties

    Commerce is issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: December 5, 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. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether to Reject Agro Sevilla's Revisions and 
Corrections to Sales and Cost Data as Untimely and Unsolicited and 
Apply Partial Adverse Facts Available (AFA) to Unreported U.S. Sales
    Comment 2: Agro Sevilla's Verification Corrections
    Comment 3: Camacho's Adjustment to Cost for Purchase of Certain 
Sales
VI. Recommendation

[FR Doc. 2022-26782 Filed 12-8-22; 8:45 am]
BILLING CODE 3510-DS-P