[Federal Register Volume 89, Number 154 (Friday, August 9, 2024)]
[Notices]
[Pages 65324-65325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17659]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-817, C-469-818]


Ripe Olives From Spain: Continuation of Antidumping and 
Countervailing Duty Orders

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

SUMMARY: As a result of the determinations by the U.S. Department of 
Commerce (Commerce) and the U.S. International Trade Commission (ITC) 
that revocation of the antidumping duty (AD) order and countervailing 
duty (CVD) order on ripe olives from Spain would likely lead to the 
continuation or recurrence of dumping and net countervailable 
subsidies, and material injury to an industry in the United States, 
Commerce is publishing a notice of continuation of these AD and CVD 
orders.

DATES: Applicable July 31, 2024.

FOR FURTHER INFORMATION CONTACT: 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) 482-1785.

SUPPLEMENTARY INFORMATION:

Background

    On August 1, 2018, Commerce published in the Federal Register the 
AD and CVD orders on ripe olives from Spain.\1\ On July 3, 2023, the 
ITC instituted,\2\ and Commerce initiated,\3\ the first sunset review 
of the Orders, pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act). As a result of its review, Commerce determined that 
revocation of the Orders would likely lead to the continuation or 
recurrence of dumping and net countervailable subsidies, and therefore, 
notified the ITC of the magnitude of the margins of dumping and subsidy 
rates likely to prevail should the Orders be revoked.\4\
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    \1\  See Ripe Olives from Spain: Notice of Antidumping Order, 83 
FR 37465 (August 1, 2018), as corrected in Ripe Olives from Spain: 
Notice of Correction to Antidumping Duty Order, 83 FR 39291 (August 
10, 2018); see also Ripe Olives from Spain: Amended Final 
Affirmative Countervailing Duty Determination and Countervailing 
Duty Order, 83 FR 37469 (August 1, 2018) (collectively, Orders).
    \2\ See Ripe Olives from Spain; Institution of Five-Year 
Reviews, 88 FR 42751 (July 3, 2023).
    \3\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 42688 
(July 3, 2023).
    \4\  See Ripe Olives from Spain: Final Results of the Expedited 
First Sunset Review of the Antidumping Duty Order, 88 FR 75559 
(November 3, 2023), and accompanying Issues and Decision Memorandum 
(IDM); see also Ripe Olives from Spain: Final Results of the 
Expedited First Sunset Review of the Countervailing Duty Order, 88 
FR 75554 (November 3, 2023).
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    On July 31, 2024, the ITC published its determination, pursuant to 
sections 751(c) and 752(a) of the Act, that revocation of the Orders 
would likely lead to continuation or recurrence of material injury to 
an industry in the United States within a reasonably foreseeable 
time.\5\
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    \5\ See Ripe Olives from Spain, 89 FR 61497 (July 31, 2024).
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Scope of the Orders

    The merchandise covered by the Orders is ripe olives from Spain. 
For a complete description of the scope of the Orders, see the appendix 
to this notice.

Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the Orders would likely lead to continuation or 
recurrence of dumping and net countervailable subsidy rates, and 
material injury to an industry in the United States, pursuant to 
section 751(d)(2) of the Act, Commerce hereby orders the continuation 
of the Orders. U.S. Customs and Border Protection will continue to 
collect AD and CVD cash deposits at the rates in effect at the time of 
entry for all imports of subject merchandise.
    The effective date of the continuation of the Orders is July 31, 
2024.\6\ Pursuant to section 751(c)(2) of the Act and 19 CFR 
351.218(c)(2), Commerce intends to initiate the next five-year review 
of the Orders not later than 30 days prior to fifth anniversary of the 
date of the last determination by the ITC.
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    \6\ Id.
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Administrative Protective Order (APO)

    This notice also serves as a final reminder to parties subject to 
an APO of their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3), which continues to govern business proprietary 
information in this segment of the proceeding. Timely written 
notification of the return or destruction of APO materials, or 
conversion to

[[Page 65325]]

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

    These five-year (sunset) reviews and this notice are in accordance 
with sections 751(c) and 751(d)(2) of the Act and published in 
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).

    Dated: August 2, 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

Scope of the Orders

    The products covered by the Orders 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, 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.
    Included are all ripe olives grown, processed in whole or in 
part, or packaged in Spain. Subject merchandise includes ripe olives 
that have been further processed in Spain or a third country, 
including but not limited to curing, fermenting, rinsing, oxidizing, 
pitting, slicing, chopping, segmenting, wedging, stuffing, 
packaging, or heat treating, or any other processing that would not 
otherwise remove the merchandise from the scope of the Order if 
performed in Spain.
    Subject merchandise includes ripe olives that otherwise meet the 
definition above that are packaged together with non-subject 
products, where the smallest individual packaging unit (e.g., can, 
pouch, jar, etc.) of any such product--regardless of whether the 
smallest unit of packaging is included in a larger packaging unit 
(e.g., display case, etc.)--contains a majority (i.e., more than 50 
percent) of ripe olives by net drained weight. The scope does not 
include the non-subject components of such product.
    Excluded from the scope are: (1) specialty olives \7\ (including 
``Spanish-style,'' ``Sicilian-style,'' and other similar olives) 
that have been processed by fermentation only, or by being cured in 
an alkaline solution for not longer than 12 hours and subsequently 
fermented; and (2) provisionally prepared olives unsuitable for 
immediate consumption (currently classifiable in subheading 0711.20 
of the Harmonized Tariff Schedule of the United States (HTSUS)).
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    \7\ Some of the major types of specialty olives and their curing 
methods are:
     ``Spanish-style'' green olives: Spanish-style green 
olives have a mildly salty, slightly bitter taste, and are usually 
pitted and stuffed. This style of olive is primarily produced in 
Spain and can be made from various olive varieties. Most are stuffed 
with pimento; other popular stuffings are jalapeno, garlic, and 
cheese. The raw olives that are used to produce Spanish-style green 
olives are picked while they are unripe, after which they are 
submerged in an alkaline solution for typically less than a day to 
partially remove their bitterness, rinsed, and fermented in a strong 
salt brine, giving them their characteristic flavor.
     ``Sicilian-style'' green olives: Sicilian-style olives 
are large, firm green olives with a natural bitter and savory 
flavor. This style of olive is produced in small quantities in the 
United States using a Sevillano variety of olive and harvested green 
with a firm texture. Sicilian-style olives are processed using a 
brine-cured method, and undergo a full fermentation in a salt and 
lactic acid brine for four to nine months. These olives may be sold 
whole unpitted, pitted, or stuffed.
     ``Kalamata'' olives: Kalamata olives are slightly 
curved in shape, tender in texture, and purple in color, and have a 
rich natural tangy and savory flavor. This style of olives is 
produced in Greece using a Kalamata variety olive. The olives are 
harvested after they are fully ripened on the tree, and typically 
use a brine-cured fermentation method over four to nine months in a 
salt brine.
     Other specialty olives in a full range of colors, 
sizes, and origins, typically fermented in a salt brine for three 
months or more.
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    The merchandise subject to the Orders is currently classifiable 
under subheadings 2005.70.0230, 2005.70.0260, 2005.70.0430, 
2005.70.0460, 2005.70.5030, 2005.70.5060, 2005.70.6020, 
2005.70.6030, 2005.70.6050, 2005.70.6060, 2005.70.6070, 
2005.70.7000, 2005.70.7510, 2005.70.7515, 2005.70.7520, and 
2005.70.7525 HTSUS. Subject merchandise may also be imported under 
subheadings 2005.70.0600, 2005.70.0800, 2005.70.1200, 2005.70.1600, 
2005.70.1800, 2005.70.2300, 2005.70.2510, 2005.70.2520, 
2005.70.2530, 2005.70.2540, 2005.70.2550, 2005.70.2560, 
2005.70.9100, 2005.70.9300, and 2005.70.9700. Although HTSUS 
subheadings are provided for convenience and U.S. Customs purposes, 
they do not define the scope of the Orders; rather, the written 
description of the subject merchandise is dispositive.

[FR Doc. 2024-17659 Filed 8-8-24; 8:45 am]
BILLING CODE 3510-DS-P