[Federal Register Volume 88, Number 172 (Thursday, September 7, 2023)]
[Notices]
[Pages 61517-61519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19336]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-469-818]


Ripe Olives From Spain: Preliminary Results of Countervailing 
Duty Administrative Review, and Partial Rescission of Review; 2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that countervailable

[[Page 61518]]

subsidies are being provided to producers/exporters of ripe olives from 
Spain during the period of review, January 1, 2021, through December 
31, 2021. In addition, we are rescinding the administrative review with 
respect to four companies. Interested parties are invited to comment on 
these preliminary results.

DATES: Applicable September 7, 2023.

FOR FURTHER INFORMATION CONTACT: Dusten Hom 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) 482-5075 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 August 
2, 2022, we published in the Federal Register a notice of opportunity 
to request an administrative review of the Order.\2\ On October 11, 
2022, based on timely requests for an administrative review, Commerce 
published the notice of initiation of an administrative review of the 
Order for seven companies.\3\ On December 14, 2022, Commerce selected 
Agro Sevilla Aceitunas S.Coop And. (Agro Sevilla) and Angel Camacho 
Alimentacion, S.L. (Camacho) as the mandatory respondents in this 
administrative review.\4\
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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 Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 87 FR 47187 (August 2, 2022).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 61278 (October 11, 2022).
    \4\ See Memorandum, ``Respondent Selection Memorandum; 2021,'' 
dated December 14, 2022.
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    On April 11, 2023, Commerce extended the deadline for the 
preliminary results of this review until August 31, 2023.\5\ For a 
complete description of the events that followed the initiation of this 
review, see the Preliminary Decision Memorandum.\6\
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    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Countervailing Duty Administrative Review,'' dated April 
11 2023.
    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Countervailing Duty Administrative Review: Ripe 
Olives from Spain; 2021,'' dated concurrently with, and hereby 
adopted by, this notice (Preliminary Decision Memorandum).
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    A list of topics discussed in the Preliminary Decision Memorandum 
is attached as the appendix to this notice. The Preliminary Decision 
Memorandum is a public document and is made available to the public 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 is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.

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.

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). 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.

Partial Rescission of Administrative Review

    Commerce's practice is to rescind an administrative review of a CVD 
order, pursuant to 19 CFR 351.213(d)(3), when there are no reviewable 
entries of subject merchandise during the POR for which liquidation is 
suspended.\7\ Normally, upon completion of an administrative review, 
the suspended entries are liquidated at the CVD assessment rate 
calculated for the review period.\8\ Therefore, for an administrative 
review of a company to be conducted, there must be a reviewable, 
suspended entry that Commerce can instruct U.S. Customs and Border 
Protection (CBP) to liquidate at the calculated CVD assessment rate 
calculated for the review period.\9\
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    \7\ See, e.g., Lightweight Thermal Paper from the People's 
Republic of China: Notice of Rescission of Countervailing Duty 
Administrative Review; 2015, 82 FR 14349 (March 20, 2017); see also 
Circular Welded Carbon Quality Steel Pipe from the People's Republic 
of China: Rescission of Countervailing Duty Administrative Review; 
2017, 84 FR 14650 (April 11, 2019).
    \8\ See 19 CFR 351.212(b)(2).
    \9\ See 19 CFR 351.213(d)(3).
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    On December 20, 2022, we issued a memorandum notifying parties of 
our intent to rescind this administrative review with respect to four 
companies: (1) Aceitunera del Norte de C[aacute]ceres, S.Coop.Ltda. de 
2[deg] Grado; (2) Alimentary Group Dcoop S.Coop. And.; (3) 
Internacional Olivarera, S.A.; and (4) Plasoliva, S.L. We received no 
comments from interested parties regarding our intention to rescind the 
review with respect to the four companies. Accordingly, in the absence 
of reviewable, suspended entries of subject merchandise during the POR, 
we are rescinding this administrative review with respect to these four 
companies, in accordance with 19 CFR351.213(d)(3).

Preliminary Rate for Non-Selected Companies Under Review

    There is one company (i.e., Aceitunas Guadalquivir, S.L.) for which 
a review was requested and not rescinded, and which was not selected as 
mandatory respondents or found to be cross-owned with a mandatory 
respondent. For this company, because the rates calculated for the 
mandatory respondents, Agro Sevilla and Camacho, were above de minimis 
and not based entirely on facts available, we are applying to the non-
selected company 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.\10\ 
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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    \10\ 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, 2021, through December 31, 2021:

[[Page 61519]]



------------------------------------------------------------------------
                                                           Subsidy rate
                    Producer/exporter                       (percent ad
                                                             valorem)
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Agro Sevilla Aceitunas S.Coop. And......................            7.01
Angel Camacho Alimentaci[oacute]n, S.L. and its cross-              9.12
 owned affiliates \11\..................................
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 Review-Specific Average Rate Applicable to the Following Companies \12\
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Aceitunas Guadalquivir, S.L \13\........................            7.83
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Disclosure
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    \11\ 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.
    \12\ 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.
    \13\ Commerce found the following companies to be cross-owned 
with Aceitunas Guadalquivir, S.L.U.: Coromar Inversiones, S.L., AG 
Explotaciones Agricolas, S.L.U., and Grupo Aceitunas Guadalquivir, 
S.L.
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    Commerce intends to disclose its calculations and analysis 
performed for these preliminary results within five days of the date of 
publication of these preliminary results, in accordance with 19 CFR 
351.224(b).\14\
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    \14\ See 19 CFR 351.224(b).
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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.
    For the companies for which this review is rescinded with these 
preliminary results, we will instruct CBP to assess countervailing 
duties on all appropriate entries at a rate equal to the cash deposit 
of estimated countervailing duties required at the time of entry, or 
withdrawal from warehouse, for consumption, during the period January 
1, 2021, through December 31, 2021, in accordance with 19 CFR 
351.212(c)(l)(i). For the companies remaining in the 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.

Public Comment

    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs to the Assistant Secretary for Enforcement and Compliance no 
later than 30 days after the date of publication of this notice. 
Rebuttal briefs, limited to issues raised in the case briefs, may be 
filed not later than seven days after the date for filing case 
briefs.\15\ Parties who submit case briefs or rebuttal briefs in this 
proceeding 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.\16\ All briefs must be filed electronically using ACCESS 
and must be served on interested parties.\17\ Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\18\
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    \15\ See 19 CFR 351.309(d).
    \16\ See 19 CFR 351.309(c)(2) and (d)(2).
    \17\ See 19 CFR 351.303.
    \18\ 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. Requests should contain: (1) the party's name, address, and 
telephone number; (2) the number of participants and whether any 
participant is a foreign national; and (3) a list of the issues to be 
discussed. Issues raised in the hearing will be limited to those raised 
in the respective case briefs. An electronically filed hearing request 
must be received successfully in its entirety by Commerce's electronic 
records system, ACCESS, by 5:00 p.m. Eastern Time within 30 days after 
the date of publication of this notice. If a request for a hearing is 
made, parties will be notified of the date and time for the hearing to 
be determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.

Final Results of Review

    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, within 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).

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, 19 CFR 
351.213(d)(4), 19 CR 351.213(h) and 19 CFR 351.221(b)(4).

    Dated: August 31, 2023.
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. Partial Rescission of Administrative Review
    VI. Subsidies Valuation
    VII. Use of Facts Otherwise Available
    VIII. Analysis of Programs
    IX. Recommendation

[FR Doc. 2023-19336 Filed 9-6-23; 8:45 am]
 BILLING CODE 3510-DS-P