[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).
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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