[Federal Register Volume 89, Number 177 (Thursday, September 12, 2024)]
[Notices]
[Pages 74210-74212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20623]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-469-818]


Ripe Olives From Spain: Preliminary Results of Countervailing 
Duty Administrative Review and Partial Rescission of Review; 2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that certain producers/exporters of producers and exporters of ripe 
olives from Spain received countervailable subsidies during the period 
of review (POR), January 1, 2022, through December 31, 2022. In 
addition, Commerce is rescinding the review, in part, with respect to 
three companies. Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable September 12, 2024.

FOR FURTHER INFORMATION CONTACT: Dusten Hom or Theodore Pearson, 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) 482-2631, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On August 1, 2018, Commerce published in the Federal Register the 
countervailing duty (CVD) order on ripe olives from Spain.\1\ On 
October 18, 2023, Commerce published in the Federal Register the notice 
of initiation of an administrative review of the Order.\2\ On November 
15, 2023, Commerce selected Agro Sevilla Aceitunas S.Coop And. (Agro 
Sevilla) and Angel Camacho Alimentaci[oacute]n, S.L. (Camacho) for 
individual examination as the mandatory respondents in this 
administrative review.\3\ On April 5, 2024, Commerce extended the 
deadline for the preliminary results review until August 29, 2024.\4\ 
On July 22, 2024, Commerce tolled certain deadlines in this 
administrative proceeding by seven days.\5\ The deadline for the 
preliminary results is now September 5, 2024.
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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 Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 71829 (October 18, 2023) (Initiation 
Notice).
    \3\ See Memorandum, ``Companies to be Reviewed; 2022,'' dated 
November 15, 2023.
    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Countervailing Duty Administrative Review,'' dated April 
5, 2024.
    \5\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
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    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\6\ A list of topics discussed in the Preliminary Decision 
Memorandum is included in the Appendix I to this notice. The 
Preliminary 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 Preliminary Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Countervailing Duty 
Order on Ripe Olives from Spain; 2022,'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Scope of the Order

    The products covered by the Order are ripe olives from Spain. For a 
complete description of the scope of the Order, see the Preliminary 
Decision Memorandum.\7\
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    \7\ Id.
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Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the 
Act). For each subsidy program found countervailable, we preliminarily 
find that there is a subsidy (i.e., a financial contribution by an 
``authority'' that gives rise to a benefit to the recipient, and that 
the subsidy is specific).\8\ For a full description of the methodology 
underlying our conclusions, including our reliance, in part, on facts 
otherwise available pursuant to sections 776(a) and (b) of the Act, see 
the Preliminary Determination Memorandum.
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    \8\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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Partial Recission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the notice of initiation. Commerce received timely filed 
withdrawal requests with respect to one company, Plasoliva, S.L 
(Plasoliva), pursuant to 19 CFR 351.213(d)(1).\9\ Because the 
withdrawal request was timely filed, and no other parties requested a 
review of this company, in accordance with 19 CFR 351.213(d)(1), 
Commerce is rescinding this review of the Order with respect to 
Plasoliva.
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    \9\ See Preliminary Decision Memorandum at the section titled 
``Partial Rescission of Administrative Review.''
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    Additionally, Commerce's practice is to rescind an administrative 
review of a countervailing duty order, pursuant to 19 CFR 
351.213(d)(3), when there are no reviewable entries of subject 
merchandise during the POR for which liquidation is suspended.\10\ 
Normally,

[[Page 74211]]

upon completion of an administrative review, the suspended entries are 
liquidated at the countervailing duty assessment rate calculated for 
the review period.\11\ Therefore, for an administrative review of a 
company to be conducted, there must be a reviewable, suspended entry 
that Commerce can instruct U.S. Customs and Border Protection (CBP) to 
liquidate at the countervailing duty assessment rate calculated for the 
review period.\12\
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    \10\ See, e.g., Lightweight Thermal Paper from the People's 
Republic of China: Notice of Rescission of Countervailing Duty 
Administrative Review; 2015, 82 FR 14349 (March 20, 2017); see also 
Circular Welded Carbon Quality Steel Pipe from the People's Republic 
of China: Rescission of Countervailing Duty Administrative Review; 
2017, 84 FR 14650 (April 11, 2019).
    \11\ See 19 CFR 351.212(b)(2).
    \12\ See 19 CFR 351.213(d)(3).
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    On February 8, 2024, we issued a memorandum notifying parties of 
our intent to rescind this administrative review with respect to: (1) 
Aceitunera del Norte de C[aacute]ceres, S.Coop.Ltda. de 2[deg] Grado; 
and (2) Alimentary Group DCoop S.Coop. And.\13\ We received no comments 
from interested parties regarding our intention to rescind the review 
with respect to these two companies. Accordingly, in the absence of 
reviewable, suspended entries of subject merchandise during the POR, we 
are rescinding this administrative review with respect to these two 
companies, in accordance with 19 CFR351.213(d)(3).
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    \13\ See Memorandum, ``Notice of Intent to Rescind Review, in 
Part,'' dated February 8, 2024. In this memorandum, Commerce also 
notified parties of its intent to rescind the administrative review 
with respect to Plasilova. However, as discussed above, Commerce is 
rescinding the review with respect to Plasilova pursuant to 19 CFR 
351.213(d)(1).
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Preliminary Results of Review

    Commerce preliminary determines that the following net 
countervailable subsidy rates exist for the period January 1, 2022, 
through December 31, 2022:
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    \14\ As discussed in the Preliminary Decision Memorandum, 
Commerce found the following companies to be cross-owned with Angel 
Camacho Alimentaci[oacute]n, S.L.: Grupo Angel Camacho, S.L., 
Cuarterola S.L., and Cucanoche S.L.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
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Agro Sevilla Aceitunas S.Coop And.......................            6.59
Angel Camacho Alimentaci[oacute]n, S.L. and its cross-             12.69
 owned affiliates \14\..................................
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Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results to interested parties within five days after the 
date of publication of this notice.\15\ Case briefs or other written 
comments may be submitted to the Assistant Secretary for Enforcement 
and Compliance. A timeline for the submission of case briefs and 
written comments will be notified to interested parties at a later 
date. Rebuttal briefs, limited to issues raised in the case briefs, may 
be filed not later than five days after the date for filing case 
briefs.\16\ Interested parties who submit case briefs or rebuttal 
briefs in this proceeding must submit: (1) a table of contents listing 
each issue; and (2) a table of authorities.\17\
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    \15\ See 19 CFR 351.224(b).
    \16\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \17\ See 19 351.309(c)(2) and (d)(2)
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\18\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, not including citations. We 
intend to use the public executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final results in this administrative review. We 
request that interested parties include footnotes for relevant 
citations in the executive summary of each issue. Note that Commerce 
has amended certain of its requirements pertaining to the service of 
documents in 19 CFR 351.303(f).\19\
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    \18\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \19\ See APO and Service Final Rule.
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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 p.m. Eastern Time 
within 30 days after the date of publication of this notice.
    Unless extended, we intend to issue the final results of this 
administrative review, which will include the results of our analysis 
of the issues raised in the case briefs, within 120 days of publication 
of these preliminary results in the Federal Register, pursuant to 
section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Assessment Rates

    In accordance with section 751(a)(2)(C) of the Act and 19 CFR 
351.221(b)(4)(i), we preliminarily determined subsidy rates in the 
amounts shown above for the producers/exporters shown above. Upon 
completion of the administrative review, consistent with section 
751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce shall 
determine, and CBP shall assess, countervailing duties on all 
appropriate entries covered by this review. We intend 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).
    For the companies for which this review is rescinded with these 
preliminary results, we will instruct CBP to assess countervailing 
duties on all appropriate entries at a rate equal to the cash deposit 
of estimated countervailing duties required at the time of entry, or 
withdrawal from warehouse, for consumption, during the period January 
1, 2022, through December 31, 2022, in accordance with 19 CFR 
351.212(c)(l)(i). Commerce intends to issue appropriate assessment 
instructions to CBP no earlier than 35 days after the date of 
publication of this notice in the Federal Register.

Cash Deposit Requirements

    In accordance with section 751(a)(2)(C) of the Act, Commerce also 
intends upon publication of the final results, to instruct U.S. Customs 
and Border Protection (CBP) to collect cash deposits of the estimated 
countervailing duties in the amounts calculated in the final results of 
this review for the respective companies listed above with regard to 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of the final 
results of this review. If the rate

[[Page 74212]]

calculated in the final results is zero or de minimis, no cash deposit 
will be required on shipments of the subject merchandise entered or 
withdrawn from warehouse, for consumption on or after the date of 
publication of the final results of this review.
    For all non-reviewed firms, CBP will continue to collect cash 
deposits of estimated countervailing duties at the all-others rate or 
the most recent company-specific rate applicable to the company, as 
appropriate. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.

Notification to Interested Parties

    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.213 and 351.221(b)(4).

    Dated: September 5, 2024.
Abdelali Elouaradia,
Deputy 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. Partial Rescission of Administrative Review
V. Subsidies Valuation
VI. Use of Facts Otherwise Available
VII. Analysis of Programs
VIII. Recommendation

[FR Doc. 2024-20623 Filed 9-11-24; 8:45 am]
 BILLING CODE 3510-DS-P