[Federal Register Volume 89, Number 48 (Monday, March 11, 2024)]
[Notices]
[Pages 17392-17394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05111]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-817]


Ripe Olives From Spain: Final Results of Antidumping Duty 
Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
certain producers and 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.

DATES: Applicable March 11, 2024.

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 and (202) 482-1785, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 8, 2023, Commerce published the Preliminary Results of 
the 2021-2022 administrative review of the antidumping duty order on 
ripe olives from Spain and invited comments from interested parties.\1\ 
On December 14, 2023, Commerce extended the deadline for issuing the 
final results until March 5, 2024.\2\ For a complete description of the 
events that occurred since the Preliminary Results, see the Issues and 
Decision Memorandum.\3\ Commerce conducted this review in accordance 
with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the 
Act).
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    \1\ See Ripe Olives from Spain: Preliminary Results of 
Antidumping Duty Administrative Review, and Partial Rescission of 
Review; 2021-2022, 88 FR 62052 (September 8, 2023) (Preliminary 
Results), and accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Extension of Deadline for Final Results of 
the Antidumping Duty Administrative Review,'' dated December 14, 
2023.
    \3\ See Memorandum, ``Decision Memorandum for the Final Results 
of Antidumping Duty Administrative Review: Ripe Olives from Spain; 
2021-2022,'' dated concurrently with, and hereby adopted by this 
notice (Issues and Decision Memorandum).
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Scope of the Order 4
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    \4\ 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) 
(collectively, Order).
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    The products covered by the Order are ripe olives from Spain. For a 
full description of the scope of the Order, see the Issues and Decision 
Memorandum.\5\
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    \5\  See Issues and Decision Memorandum.
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Analysis of Comments Received

    The issue raised by the interested parties in their case and 
rebuttal briefs is addressed in the Issues and Decision Memorandum. The 
topics discussed and the issue raised by parties to which we responded 
in the Issues and Decision Memorandum is listed in 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 at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on the comments received from interested parties, we made no 
changes to the Preliminary Results. For a more detailed discussion of 
the issue raised by parties, see the Issues and Decision Memorandum.

Rate for Non-Examined Companies

    The statute and our regulations do not address the establishment of 
a rate to be assigned to respondents not selected for individual 
examination when we limit our examination of companies subject to the 
administrative review pursuant to section 777A(c)(2)(B) of the Act.
    Generally, we look to section 735(c)(5) of the Act, which provides 
instructions for calculating the all-others rate in an investigation, 
for guidance when

[[Page 17393]]

calculating the rate for respondents not individually examined 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 
and de minimis margins, and any margins determined entirely {on the 
basis of facts available{time} .'' Accordingly, in the final results of 
review, we are assigning to the companies not individually examined, 
listed in the chart below, an estimated weighted-average dumping margin 
based on the average of Agro Sevilla Aceitunas, S. Coop.And.'s (Agro 
Sevilla), and Angel Camacho Alimentaci[oacute]n, S.L.'s (Camacho) rates 
weighted by their publicly available ranged U.S. sales values.

Final Results of Review

    Commerce determines 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)
------------------------------------------------------------------------
Agro Sevilla Aceitunas, S.Coop.And..........................        2.42
Angel Camacho Alimentaci[oacute]n, S.L......................        2.35
Aceitunas Guadalquivir, S.L.................................        2.39
Aceitunera del Norte de C[aacute]ceres, S.Coop.Ltda. de 2           2.39
 Grado......................................................
Alimentary Group DCOOP, S.COOP.And..........................        2.39
Internacional Olivarera, S.A................................        2.39
------------------------------------------------------------------------

Disclosure

    Because we have not modified our analysis to the Preliminary 
Results, we are adopting the Preliminary Results as the final results 
of this review. Consequently, there are no new calculations to disclose 
in accordance with 19 CFR 351.224(b) for the final results of review.

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce will determine, and CBP shall assess, antidumping duties on 
all appropriate entries of subject merchandise in accordance with the 
final results of this review. Because the weighted-average dumping 
margins for Agro Sevilla and Camacho are not zero or de minimis (i.e., 
less than 0.5 percent) in the final results of this review, we 
calculated 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).\6\ Where an importer-specific assessment 
rate is de minimis (i.e., less than 0.5 percent), the entries by that 
importer will be liquidated without regard to antidumping duties. 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 review and for future deposits of estimated 
duties, where applicable.\7\
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    \6\ In these final 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).
    \7\ See section 751(a)(2)(C) of the Act.
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    For all non-selected separate rate applicants subject to this 
review, we will instruct CBP to liquidate all entries of subject 
merchandise that entered the United States during the POR at the 
average of the rates calculated for Agro Sevilla and Camacho as listed 
above. 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.\8\
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    \8\ 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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    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

    Upon publication of this notice in the Federal Register, the 
following cash deposit requirements will be effective for all shipments 
of ripe 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,\9\ 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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    \9\ See Ripe Olives from Spain: Final Affirmative Determination 
of Sales at Less Than Fair Value, 83 FR 28193 (June 18, 2018).
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Notification to Importers

    This notice serves as a final 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 the 
countervailing duties.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. 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 subject 
to sanction.

Notification to Interested Parties

    Commerce is issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).


[[Page 17394]]


    Dated: March 5, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the 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. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment: Whether Commerce Correctly Applied Average-to-
Transaction Comparison Methodology in the Cohen's d Test To 
Calculate Respondent's Antidumping Duty Margin
VI. Recommendation

[FR Doc. 2024-05111 Filed 3-8-24; 8:45 am]
BILLING CODE 3510-DS-P