[Federal Register Volume 88, Number 212 (Friday, November 3, 2023)]
[Notices]
[Pages 75554-75555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24355]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-469-818]


Ripe Olives From Spain: Final Results of the Expedited First 
Sunset Review of the Countervailing Duty Order

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

SUMMARY: The U.S. Department of Commerce (Commerce) finds that 
revocation of the countervailing duty (CVD) order on ripe olives from 
Spain would be likely to lead to continuation or recurrence of 
countervailable subsidies at the levels indicated in the ``Final 
Results of Sunset Review'' section of this notice.

DATES: Applicable November 3, 2023.

FOR FURTHER INFORMATION CONTACT: Bryan Hansen, 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.

SUPPLEMENTARY INFORMATION: 

Background

    On August 1, 2018, Commerce published in the Federal Register the 
CVD order on ripe olives from Spain.\1\ On July 3, 2023, Commerce 
published in the Federal Register the Initiation Notice of the first 
five-year sunset review of the Order pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (the Act).\2\ In accordance with 19 CFR 
351.218(d)(1)(i) and (ii), Commerce received a timely notice of intent 
to participate in this sunset review from Musco Family Olive Company 
(Musco), a domestic interested party, within 15 days after the date of 
publication of the Initiation Notice.\3\ Musco claimed interested party 
status under section 771(9)(C) of the Act

[[Page 75555]]

as a producer of a domestic like product in the United States.\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 Initiation of Five-Year (Sunset) Reviews, 88 FR 42688 
(July 3, 2023) (Initiation Notice).
    \3\ See Musco's Letter, ``Notice of Intent to Participate,'' 
dated July 5, 2023.
    \4\ Id.
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    Commerce received a timely and adequate substantive response to the 
Initiation Notice from Musco within the 30-day period specified in 19 
CFR 351.218(d)(3)(i).\5\ Commerce received no substantive responses 
from any other interested parties, including the Government of Spain, 
nor was a hearing requested. On August 22, 2023, Commerce notified the 
U.S. International Trade Commission that it did not receive an adequate 
substantive response from other interested parties.\6\ As a result, in 
accordance with section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited, i.e., 120-
day, sunset review of the Order.
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    \5\ See Musco's Letter, ``Response to Notice of Initiation,'' 
dated August 2, 2023 (Substantive Response).
    \6\ See Commerce's Letter, ``Sunset Reviews for July 2023,'' 
dated August 22, 2023.
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Scope of the Order

    The products covered by the Order are certain processed olives, 
usually referred to as ``ripe olives.'' The subject merchandise 
includes all colors of olives; all shapes and sizes of olives, whether 
pitted or not pitted, and whether whole, sliced, chopped, minced, 
wedged, broken, or otherwise reduced in size; all types of packaging, 
whether for consumer (retail) or institutional (food service) sale, and 
whether canned or packaged in glass, metal, plastic, multi-layered 
airtight containers (including pouches), or otherwise; and all manners 
of preparation and preservation, whether low acid or acidified, stuffed 
or not stuffed, with or without flavoring and/or saline solution, and 
including in ambient, refrigerated, or frozen conditions.
    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 the Expedited First Sunset Review of the 
Countervailing Duty Order on Ripe Olives from Spain,'' 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 this sunset review are addressed in the Issues 
and Decision Memorandum. A list of topics discussed in the Issues and 
Decision Memorandum is included as Appendix I 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 directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Final Results of Sunset Review

    Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce 
determines that revocation of the Order would be likely to lead to 
continuation or recurrence of a countervailable subsidy at the 
following net countervailable subsidy rates:
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    \8\ See Ripe Olives from Spain: Final Affirmative Countervailing 
Duty Determination, 83 FR 28186 (June 18, 2018) (Final 
Determination). 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: Preliminary Affirmative 
Countervailing Duty Determination, and Alignment of Final 
Determination With Final Antidumping Duty Determination, 82 FR 56218 
(November 28, 2017) (Investigation Preliminary Determination), and 
accompanying Preliminary Decision Memorandum (PDM) at 9, unchanged 
in Final Determination.
    \9\ Commerce found the following companies to be cross-owned 
with Angel Camacho Alimentaci[oacute]n, S.L.: Grupo Angel Camacho 
Alimentaci[oacute]n, Cuarterola S.L., and Cucanoche S.L. See 
Investigation Preliminary Determination PDM at 11, unchanged in 
Final Determination.

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                                                           Subsidy rate
                    Exporter/producer                       (percent ad
                                                             valorem)
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Aceitunas Guadalquivir S.L.U.\8\........................           11.87
Agro Sevilla Aceitunas S.Coop.And.......................            7.64
Angel Camacho Alimentaci[oacute]n, S.L.\9\..............           13.90
All Others..............................................           11.32
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Administrative Protective Order

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a). 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 which is subject to 
sanction.

Notification to Interested Parties

    We are issuing and publishing these final results and notice in 
accordance with sections 751(c), 752(b), and 777(i)(1) of the Act, and 
19 CFR 351.218.

    Dated: October 30, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of a Countervailable 
Subsidy
    2. Net Countervailable Subsidy Likely To Prevail
    3. Nature of the Subsidy
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2023-24355 Filed 11-2-23; 8:45 am]
BILLING CODE 3510-DS-P