[Federal Register Volume 88, Number 212 (Friday, November 3, 2023)]
[Notices]
[Pages 75559-75560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24356]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-817]


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

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

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

DATES: Applicable November 3, 2023.

FOR FURTHER INFORMATION CONTACT: Mary Kolberg, AD/AD 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.

SUPPLEMENTARY INFORMATION: 

Background

    On August 1, 2023, Commerce published in the Federal Register the 
Order on ripe olives from Spain.\1\ On July 3, 2023, Commerce published 
in the Federal Register the Initiation Notice of the first sunset 
review of Order on ripe olives from Spain pursuant to section 751(c) of 
the Tariff Act of 1930, as amended (the Act).\2\
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    \1\ See Ripe Olives from Spain: Antidumping Duty Order, 83 FR 
37465 (August 1, 2018), as corrected in Ripe Olives from Spain: 
Notice of Correction to Antidumping Duty Order, 83 FR 39691 (August 
10, 2018) (collectively, Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 42688 
(July 3, 2023) (Initiation Notice).
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    On July 10, 2023, we received a timely notice to participate in 
this sunset review from Musco Family Olive Company (Musco), a domestic 
interested party, pursuant to 19 CFR 351.218(d)(1)(i).\3\ Musco claimed 
interested party status under section 771(9)(C) of the Act as a 
manufacturer of a domestic like product in the United States. On August 
2, 2023, Musco provided a complete substantive response for this review 
within the 30-day deadline specified in 19 CFR 351.2218(d)(3)(i).\4\ 
Commerce did not receive substantive responses from any other 
interested parties, and no party requested a hearing.
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    \3\ See Musco's Letter, ``Notice of Intent to Participate,'' 
dated July 10, 2023.
    \4\ See Musco's Letter, ``Response to Notice of Initiation,'' 
dated August 2, 2023.
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    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.\5\ 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 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

[[Page 75560]]

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, multilayered 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.\6\
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    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Expedited First Sunset Review of the 
Antidumping 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 the 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 the appendix 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 Expedited Sunset Review

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the Order would be likely to 
lead to continuation or recurrence of dumping and that the magnitude of 
the margins of dumping likely to prevail would be at rates up to 25.50 
percent.

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 in accordance 
with sections 751(c), 752(c), 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

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 Dumping
    2. Magnitude of the Dumping Margins Likely To Prevail
VII. Final Results of Expedited Sunset Review
VIII. Recommendation

[FR Doc. 2023-24356 Filed 11-2-23; 8:45 am]
BILLING CODE 3510-DS-P