[Federal Register Volume 88, Number 12 (Thursday, January 19, 2023)]
[Notices]
[Pages 3384-3385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00930]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-469-818]


Ripe Olives From Spain: Implementation of Determination Under 
Section 129 of the Uruguay Round Agreements Act

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

SUMMARY: On December 20, 2022, the U.S. Department of Commerce 
(Commerce) issued its final determination under section 129 of the 
Uruguay Round Agreements Act (URAA), regarding the countervailing duty 
(CVD) investigation of ripe olives from Spain. On January 12, 2023, the 
U.S. Trade Representative (USTR) directed Commerce to implement the 
section 129 final determination, which renders Commerce's 
determinations in the CVD investigation not inconsistent with the World 
Trade Organization (WTO) dispute settlement findings in United States--
Antidumping and Countervailing Duties on Ripe Olives from Spain, WT/
DS577 (December 20, 2021) (DS577). As a result, Commerce is now 
implementing the section 129 final determination.

DATES: Applicable January 12, 2023.

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: 

Nature of the Proceeding

    Section 129 of the URAA governs the nature and effect of 
determinations issued by Commerce to implement findings by WTO dispute 
settlement panels and the Appellate Body. Specifically, section 
129(b)(2) of the URAA provides that ``notwithstanding any provision of 
the Tariff Act of 1930,'' upon a written request from USTR, Commerce 
shall issue a determination that would render its actions not 
inconsistent with an adverse finding of a WTO panel or the Appellate 
Body.\1\ The Statement of Administrative Action Accompanying the URAA, 
H.R. Doc. 103-316, Vol. 1 (1994) (SAA), variously refers to such a 
determination by Commerce as a ``new,'' ``second,'' and

[[Page 3385]]

``different'' determination.\2\ After consulting with Commerce and the 
appropriate congressional committees, USTR may direct Commerce to 
implement, in whole or in part, the new determination made under 
section 129 of the URAA.\3\ Pursuant to section 129(c) of the URAA, the 
new determination shall apply with respect to unliquidated entries of 
the subject merchandise that are entered or withdrawn from warehouse, 
for consumption, on or after the date on which USTR directs Commerce to 
implement the new determination.\4\ The new determination is subject to 
judicial review, separate and apart from judicial review of Commerce's 
original determination.\5\
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    \1\ See 19 U.S.C. 3538(b)(2).
    \2\ See SAA at 1025, 1027.
    \3\ See 19 U.S.C. 3538(b)(4).
    \4\ See 19 U.S.C. 3538(c).
    \5\ See 19 U.S.C. 1516a(a)(2)(B)(vii).
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Background

    On July 11, 2022, Commerce informed interested parties that it was 
initiating administrative action under section 129 of the URAA to 
comply with the recommendations and rulings of the WTO Dispute 
Settlement Body in DS577.\6\ On September 23, 2022, Commerce addressed 
each of the issues and conclusions of the panel in DS577 through a 
preliminary determination memorandum.\7\ We invited interested parties 
to comment on the Preliminary Determination.\8\ After receiving case 
briefs and rebuttal comments from the interested parties, Commerce 
issued its final determination for the section 129 determination on 
December 20, 2022.\9\ On January 12, 2023, USTR notified Commerce that, 
consistent with section 129(b)(3) of the URAA, consultations with 
Commerce and the appropriate congressional committees with respect to 
the December 20, 2022 determination have been completed and USTR 
directed Commerce to implement the determination in accordance with 
section 129(b)(4) if the URAA.
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    \6\ See Notice of Commencement of a Compliance Proceeding 
Pursuant to Section 129 of the Uruguay Round Agreements Act, 87 FR 
41109 (July 11, 2022).
    \7\ See Memorandum, ``Ripe Olives from Spain: Preliminary 
Section 129 Determination Regarding the Countervailing Duty 
Investigation,'' dated September 23, 2022 (Preliminary 
Determination).
    \8\ Id. at 22-23; see also Commerce's Letter, ``Ripe Olives from 
Spain: Deadline for Submission of Factual Information and Extension 
of Deadline for Case and Rebuttal Brief,'' dated October 17, 2022.
    \9\ See Memorandum, ``Ripe Olives from Spain: Final Section 129 
Determination Regarding the Countervailing Duty Investigation,'' 
dated December 20, 2022 (Final Determination).
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Final Determination: Analysis of Comments Received

    The issues raised in the comments and rebuttal comments submitted 
by the interested parties to this proceeding are addressed in the Final 
Determination. The Final Determination 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 https://access.trade.gov. In addition, a 
complete version of the Final Determination can be accessed directly at 
https://access.trade.gov/public/FRNoticesListLayout.aspx.

Final Determination: Recalculating Countervailing Duty Rates

    The recalculated countervailable subsidy rates, as included in the 
Final Determination and which remain unchanged from the Preliminary 
Determination in this section 129 proceeding for each company, are as 
follows:
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    \10\ Commerce found the following companies to be cross-owned 
with Aceitunas Guadalquivir S.L.U.: Coromar Inv., S.L.; AG 
Explotaciones Agricolas, S.L.U.; and Grupo Aceitunas Guadalquivir, 
S.L. See Ripe Olives from Spain: Amended Final Affirmative 
Countervailing Duty Determination and Countervailing Duty Order, 83 
FR 37469 (August 1, 2018).

------------------------------------------------------------------------
                                           Investigation      Revised
                                           subsidy rate    subsidy rate
            Exporter/producer               (percent ad     (percent ad
                                             valorem)        valorem)
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Aceitunas Guadalquivir S.L.U.\10\.......           27.02           11.63
All Others..............................           14.97           11.08
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Implementation of the Revised Cash Deposit Requirements

    As noted above, on January 12, 2023, in accordance with sections 
129(b)(4) and 129(c)(l)(B) of the URAA, USTR directed Commerce to 
implement this final determination. With respect to the investigation, 
Commerce will instruct U.S. Customs and Border Protection (CBP) to 
continue to suspend liquidation of entries of subject merchandise that 
were entered, or withdrawn from warehouse, for consumption on or after 
the date of such implementation. In the final section 129 
determination, the rates for Agro Sevilla Aceitunas S.Coop And. and 
Angel Camacho Alimentacion, S.L. remained unchanged from the 
investigation. However, these companies have a superseding cash deposit 
rate (i.e., there have been final results published in a subsequent 
administrative review), and thus, we will not issue revised cash 
deposit instructions to CBP for these companies. Similarly, while the 
rate for Aceitunas Guadalquivir S.L.U. changed in the final section 129 
determination, because this company has a superseding cash deposit 
rate, we will not issue revised cash deposit instructions to CBP for 
this company. For all other producers or exporters that do not have 
their own rate, we will direct CBP to require a cash deposit equal to 
the revised all-others rate above. This notice of implementation of 
this section 129 final determination is published in accordance with 
section 129(c)(2)(A) of the URAA.

    Dated: January 12, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-00930 Filed 1-18-23; 8:45 am]
BILLING CODE 3510-DS-P