89 FR 177 pgs. 74210-74212 - Ripe Olives From Spain: Preliminary Results of Countervailing Duty Administrative Review and Partial Rescission of Review; 2022
Type: NOTICEVolume: 89Number: 177Pages: 74210 - 74212
Pages: 74210, 74211, 74212Docket number: [C-469-818]
FR document: [FR Doc. 2024-20623 Filed 9-11-24; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
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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 Alimentación, 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.
Footnotes:
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.
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 .
Footnotes:
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).
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
Footnotes:
7 ? Id.
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.
Footnotes:
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.
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.
Footnotes:
9 ? See Preliminary Decision Memorandum at the section titled "Partial Rescission of Administrative Review."
[top] 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,
Footnotes:
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).
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 Cáceres, S.Coop.Ltda. de 2° 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).
Footnotes:
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).
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:
Footnotes:
14 ?As discussed in the Preliminary Decision Memorandum, Commerce found the following companies to be cross-owned with Angel Camacho Alimentación, S.L.: Grupo Angel Camacho, S.L., Cuarterola S.L., and Cucanoche S.L.
| Company | Subsidy rate (percent ad valorem) |
|---|---|
| Agro Sevilla Aceitunas S.Coop And | 6.59 |
| Angel Camacho Alimentación, S.L. and its cross-owned affiliates? 14 | 12.69 |
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
Footnotes:
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)
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
Footnotes:
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.
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
[top] 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
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