[Federal Register Volume 88, Number 173 (Friday, September 8, 2023)]
[Notices]
[Pages 62052-62054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19384]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-817]


Ripe Olives From Spain: Preliminary Results of Antidumping Duty 
Administrative Review, and Partial Rescission of Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that producers/exporters subject to this administrative review made 
sales of subject merchandise at less than normal value during the 
period of review (POR), August 1, 2021, through July 31, 2022. In 
addition, we are rescinding the administrative review with respect to 
one company. We invite interested parties to comment on these 
preliminary results.

DATES: Applicable September 8, 2023.

FOR FURTHER INFORMATION CONTACT: Dusten Hom or Mary Kolberg, 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) 482-1785, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 1, 2018, Commerce published in the Federal Register the 
antidumping duty order on ripe olives (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 
initiated the administrative review of seven companies.\3\ On November 
10, 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: Antidumping Duty Order, 83 FR 
37465 (August 1, 2018); see also Ripe Olives from Spain: Notice of 
Correction to Antidumping Duty Order, 83 FR 39691 (August 10, 2018).
    \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) (Initiation 
Notice).
    \4\ See Memorandum, ``Respondent Selection,'' dated November 10, 
2022.
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    On April 11, 2023, Commerce extended the time limit for issuing the 
preliminary results of this review by 120 days, to no later than August 
31, 2023.\5\ For a complete description of the events between the 
initiation of this review and these preliminary results, see the 
Preliminary Decision Memorandum.\6\
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    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated April 11, 
2023.
    \6\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review: Ripe Olives from 
Spain; 2021-2022,'' dated concurrently with, and hereby adopted by, 
this notice (Preliminary Decision Memorandum).
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    A list of the 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 this Order are olives from Spain. For a 
full description of the scope of the Order, see the Preliminary 
Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 751 
of the Tariff Act of 1930, as amended (the Act). Export price and 
constructed export price are calculated in accordance with section 772 
of the Act. Normal value is calculated in accordance with section 773 
of the Act. For a full description of the methodology underlying these 
preliminary results, see the Preliminary Decision Memorandum.

Partial Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the party that requested 
a review withdraws its request within 90 days of the date of 
publication of the notice of initiation. The request for an 
administrative review of Plasoliva, S.L (Plasoliva) was withdrawn 
within 90 days of the date of publication of the Initiation Notice.\7\ 
No other party requested an administrative review of Plasoliva. As a 
result, Commerce is rescinding this review with respect to

[[Page 62053]]

this company, in accordance with 19 CFR 351.213(d)(1).
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    \7\ See Plasoliva's Letter, ``Withdrawal Request for 
Administrative Review,'' dated January 9, 2023.
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Rate for Non-Selected Companies

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
individual examination when Commerce limits its examination in an 
administrative review pursuant to section 777A(c)(2) of the Act. 
Generally, Commerce looks to section 735(c)(5) of the Act, which 
provides instructions for calculating the all-others rate in a market 
economy investigation, for guidance when calculating the rate for 
companies which were not selected for individual examination in an 
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted-average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated excluding any zero or 
de minimis margins, and any margins determined entirely {on the basis 
of facts available.'' In this review, we preliminarily calculated 
dumping margins for the two mandatory respondents, Agro Sevilla and 
Camacho, of 2.42 and 2.35 percent, respectively, and have assigned to 
the non-selected companies a rate of 2.39 percent, which is the 
weighted average dumping margins of Agro Sevilla and Camacho weighted 
by their publicly ranged U.S. sales values.\8\
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    \8\ With two respondents under examination, Commerce normally 
calculates (A) a weighted-average of the dumping margins calculated 
for the examined respondents; (B) a simple average of the dumping 
margins calculated for the examined respondents; and (C) a weighted-
average of the dumping margins calculated for the examined 
respondent using each company's publicly-ranged U.S. sales 
quantities 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., Ball Bearings and Parts thereof from France, Germany, 
Italy, Japan, and the United Kingdom'' Final Results of Antidumping 
Duty Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53663 
(September 1, 2010).
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Preliminary Results of Review

    We preliminarily determine that the following estimated weighted-
average dumping margins exist for the period August 1, 2021, through 
July 31, 2022:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Producer/exporter                     dumping margin
                                                             (percent)
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Agro Sevilla Aceitunas, S. Coop. And....................            2.42
Angel Camacho Alimentacion, S.L.........................            2.35
Aceitunas Guadalquivir, S.L.U...........................            2.39
Aceitunera del Norte de C[aacute]ceres, S.Coop.Ltda. de             2.39
 2 Grado................................................
Alimentary Group DCOOP, S.Coop.And......................            2.39
Internacional Olivarera, S.A............................            2.39
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed in connection with 
these preliminary results to interested parties within five days after 
public announcement of the preliminary results.\9\
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    \9\ See 19 CFR 351.224(b).
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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.\10\ 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.\11\ Case and rebuttal briefs should be filed using ACCESS 
and must be served on interested parties.\12\ Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\13\
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    \10\ See 19 CFR 351.309(d).
    \11\ See 19 CFR 351.309(c)(2) and (d)(2).
    \12\ See 19 CFR 351.303.
    \13\ 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 (3) a list of 
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, Commerce intends to hold the hearing at 
a time and date to be determined. Parties should confirm by telephone 
the date, time, and location of the hearing two days before the 
scheduled date.

Assessment Rates

    Upon completion of the final results, Commerce shall determine, and 
the U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review.\14\ If a 
respondent's weighted-average dumping margin is not zero or de minimis 
(i.e., less than 0.5 percent) in the final results of this review, we 
intend to calculate 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).\15\ If the respondent's weighted-
average dumping margin or an importer-specific assessment rate is zero 
or de minimis in the final results of this review, we intend to 
instruct CBP not to assess duties on any of its entries in accordance 
with the Final Modification for Reviews.\16\ 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

[[Page 62054]]

review and for future deposits of estimated duties, where 
applicable.\17\
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    \14\ See 19 CFR 351.212(b)(1).
    \15\ In these preliminary 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) (Final Modification for 
Reviews).
    \16\ See Final Modification for Reviews, 77 FR at 8103; see also 
19 CFR 351.106(c)(2).
    \17\ 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.\18\
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    \18\ 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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    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.
    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

    The following cash deposit requirements for estimated antidumping 
duties will be effective upon publication in the Federal Register of 
the notice of final results of this review for all shipments of 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,\19\ 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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    \19\ See Ripe Olives from Spain: Antidumping Duty Order, 83 FR 
37465 (August 1, 2018) (Order) at 37466.
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Final Results of Review

    Unless extended, Commerce intends to issue the final results of 
this administrative review, including the results of its analysis of 
the issues raised in any written briefs, no later than 120 days after 
the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Notification to Importers

    This notice serves as a preliminary 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 in the amount of antidumping duties by the amount of 
countervailing duties.

Notification to Interested Parties

    These preliminary results and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i) of the Act, 19 CFR 
351.213(d)(4), 19 CFR 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. Rescission of Review, In Part
V. Rate for Non-Selected Companies
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2023-19384 Filed 9-7-23; 8:45 am]
BILLING CODE 3510-DS-P