Ripe Olives From Spain: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 3677-3680 [2018-01447]

Download as PDF Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Notices The Renewable Energy and Energy Efficiency Advisory Committee (REEEAC) will hold a meeting on Thursday, February 22, 2018 at the U.S. Department of Commerce Herbert C. Hoover Building in Washington, DC. The meeting is open to the public with registration instructions provided below. SUMMARY: February 22, 2018, from approximately 8:30 a.m. to 5:00 p.m. Eastern Standard Time (EST). Members of the public wishing to participate must register in advance with Victoria Gunderson at the contact information below by 5:00 p.m. EST on Friday, February 16, 2018, in order to preregister, including any requests to make comments during the meeting or for accommodations or auxiliary aids. ADDRESSES: To register, please contact Victoria Gunderson, Designated Federal Officer, Office of Energy and Environmental Industries (OEEI), International Trade Administration, U.S. Department of Commerce at (202) 482–7890; email: Victoria.Gunderson@ trade.gov. DATES: FOR FURTHER INFORMATION CONTACT: Victoria Gunderson, Designated Federal Officer, Office of Energy and Environmental Industries (OEEI), International Trade Administration, U.S. Department of Commerce at (202) 482–7890; email: Victoria.Gunderson@ trade.gov. daltland on DSKBBV9HB2PROD with NOTICES SUPPLEMENTARY INFORMATION: Background: The Secretary of Commerce established the REEEAC pursuant to discretionary authority and in accordance with the Federal Advisory Committee Act, as amended (5 U.S.C. App.), on July 14, 2010. The REEEAC was re-chartered most recently on June 9, 2016. The REEEAC provides the Secretary of Commerce with consensus advice from the private sector on the development and administration of programs and policies to expand the export competitiveness of the U.S. renewable energy and energy efficiency products and services. On February 22, the REEEAC will hold the sixth in-person meeting of its charter term, hold REEEAC subcommittee working sessions, discuss next steps for each sub-committee (Export Competitiveness, Market Access, and Finance), consider recommendations for approval, and hear from officials from the Department of Commerce and other agencies on major issues affecting the competitiveness of the U.S. renewable energy and energy efficiency industries. Agenda will be made available by February 16 upon request. VerDate Sep<11>2014 20:14 Jan 25, 2018 Jkt 244001 The meeting will be open to the public and will be accessible to people with disabilities. All guests are required to register in advance by the deadline identified under the DATES caption. Requests for auxiliary aids must be submitted by the registration deadline. Last minute requests will be accepted, but may be impossible to fill. A limited amount of time before the close of the meeting will be available for oral comments from members of the public attending the meeting. To accommodate as many speakers as possible, the time for public comments will be limited to two to five minutes per person (depending on number of public participants). Individuals wishing to reserve speaking time during the meeting must contact Ms. Gunderson and submit a brief statement of the general nature of the comments, as well as the name and address of the proposed participant by 5:00 p.m. EST on Friday, February 16, 2018. If the number of registrants requesting to make statements is greater than can be reasonably accommodated during the meeting, the International Trade Administration may conduct a lottery to determine the speakers. Speakers are requested to submit a copy of their oral comments by email to Ms. Gunderson for distribution to the participants in advance of the meeting. Any member of the public may submit written comments concerning the REEEAC’s affairs at any time before or after the meeting. Comments may be submitted to the Renewable Energy and Energy Efficiency Advisory Committee, c/o: Victoria Gunderson, Designated Federal Officer, Office of Energy and Environmental Industries, U.S. Department of Commerce; 1401 Constitution Avenue NW; Mail Stop: 4053; Washington, DC 20230. To be considered during the meeting, written comments must be received no later than 5:00 p.m. EST on Friday, February 16, 2018, to ensure transmission to the REEEAC prior to the meeting. Comments received after that date will be distributed to the members but may not be considered at the meeting. Copies of REEEAC meeting minutes will be available within 30 days following the meeting. Dated: January 19, 2018. Man Cho, Deputy Director, Office of Energy and Environmental Industries. [FR Doc. 2018–01334 Filed 1–25–18; 8:45 am] BILLING CODE 3510–DR–P PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 3677 DEPARTMENT OF COMMERCE International Trade Administration [A–469–817] Ripe Olives From Spain: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that ripe olives from Spain are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2016, through March 31, 2017. Interested parties are invited to comment on this preliminary determination. DATES: Applicable January 26, 2018. FOR FURTHER INFORMATION CONTACT: Catherine Cartsos, Bryan Hansen, or Peter Zukowski, 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) 482–1757, (202) 482–3683, or (202) 482–0189, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on July 12, 2017.1 On November 16, 2017, Commerce postponed the preliminary determination of this investigation and the revised deadline is now January 18, 2017.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics included in the Preliminary Decision Memorandum is included at Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically 1 See Ripe Olives from Spain: Initiation of LessThan-Fair-Value Investigation, 82 FR 33054 (July 19, 2017) (Initiation Notice). 2 See Ripe Olives from Spain: Postponement of Preliminary Determination in the Less-Than-Fair Value Investigation, 82 FR 53479 (November 16, 2017). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Less-ThanFair-Value Investigation of ripe Olives from Spain,’’ dated concurrently with, and hereby adopted by this notice (Preliminary Decision Memorandum). E:\FR\FM\26JAN1.SGM 26JAN1 3678 Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Notices 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, and to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Investigation The product covered by this investigation is ripe olives from Spain. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations,4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope). Both Aceitunas Guadalquivir S.L. (AG) and Angel Camacho Alimentacion S.L. (Camacho) stated that cocktail mixes are out of the scope. Without any further elaboration, the petitioners commented that AG and Camacho cannot unilaterally decided what is in or outside the scope. For this preliminary determination, Commerce is not modifying the scope and is including cocktail mixes in our analysis. We will further evaluate this issue for purposes of the final determination. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export prices in accordance with section 772(a) of the Act. Constructed export prices have been calculated in accordance with section 772(b) of the Act. Normal value (NV) is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. daltland on DSKBBV9HB2PROD with NOTICES All-Others Rate Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weightedaverage dumping margins established 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). VerDate Sep<11>2014 20:14 Jan 25, 2018 Jkt 244001 for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. In this investigation, Commerce calculated estimated weighted-average dumping margins for AG, Agro Sevilla Aceitunas S.COOP Anndalusia, and Camacho that are not zero, de minimis, or based entirely on facts otherwise available. Commerce calculated the all-others rate using a weighted-average of the estimated weighted-average dumping margins calculated for the examined respondents using each company’s business proprietary data for the merchandise under consideration.5 Preliminary Determination Commerce preliminarily determines that the following estimated weightedaverage dumping margins exist: Exporter/producer Aceitunas Guadalquivir S.L ........ Agro Sevilla Aceitunas S.COOP Anndalusia .............................. Angel Camacho Alimentacion S.L ........................................... All-Others .................................... Estimated weightedaverage dumping margin (percent) Verification As provided in section 782(i)(1) of the 14.64 Act, Commerce intends to verify the 19.73 information relied upon in making its 17.13 final determination. 5 For a complete analysis of the data, see Memorandum, ‘‘Less-Than-Fair-Value Investigation of Ripe Olives from Spain: Calculation of the AllOthers Rate,’’ dated concurrently with this notice. Frm 00006 Fmt 4703 Sfmt 4703 Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). 16.80 Suspension of Liquidation In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise, as described in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin or the estimated allothers rate, as follows: (1) The cash deposit rate for the respondents listed above will be equal to the companyspecific estimated weighted-average dumping margins determined in this preliminary determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weightedaverage dumping margin established for that producer of the subject merchandise; and (3) the cash deposit PO 00000 rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin. Commerce normally adjusts cash deposits for estimated antidumping duties by the amount of export subsidies countervailed in a companion countervailing duty (CVD) proceeding, when CVD provisional measures are in effect. Because Commerce preliminarily did not make an affirmative determination for countervailable export subsidies, Commerce has not offset the estimated weighted-average dumping margin by a CVD rate.6 These suspension of liquidation instructions will remain in effect until further notice. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.7 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date 6 See Ripe Olives from Spain: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination, 82 FR 56218 (November 20, 2017). 7 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). E:\FR\FM\26JAN1.SGM 26JAN1 Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Notices of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. daltland on DSKBBV9HB2PROD with NOTICES Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Section 351.210(e)(2) of Commerce’s regulations requires that a request by exporters for postponement of the final determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On December 14, 2017, pursuant to 19 CFR 351.210(e), certain exporters of subject merchandise requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months.8 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) The preliminary determination is affirmative; (2) the requesting exporters account for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce will make its final determination no later 8 See Letter from Asociacion de Exportadores e ´ Industriales de Aceitunas de Mesa (ASEMESA), Industria Aceiyunera Marciense, S.A., DCOOP, S. COOP. AND., Agro Sevilla Aceitunas, SOC. COOP. AND., Plasoliva, S.L., GOYA en Espana, S.A.U., Aceitunas Guadalquivir, S.L., Angel Camacho ´ Alimentacion, S.L., Internacional Olivarera S.A., F.J. Sanchez Sucesores, S.A.U., and Aceitunas Sevillanas S.A., ‘‘Request to Postpone the Final Antidumping Determination: Ripe Olives from Spain,’’ dated December 14, 2017. VerDate Sep<11>2014 20:14 Jan 25, 2018 Jkt 244001 than 135 days after the date of publication of this preliminary determination. International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its preliminary determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: January 18, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The products covered by this investigation 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 investigation if performed in Spain. Excluded from the scope are: (1) Specialty olives 9 (including ‘‘Spanish-style,’’ ‘‘Sicilian9 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 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 3679 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)). The merchandise subject to this investigation 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 US Customs purposes, they do not define the scope of the investigation; rather, the written description of the subject merchandise is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope Comments V. Product Characteristics VI. Discussion of the Methodology A. Determination of the Comparison Method B. Results of the Differential Pricing Analysis VII. Date of Sale VIII. Product Comparisons IX. Export Price and Constructed Export Price 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 4 to 9 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 olive 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 4 to 9 months in a salt brine. • Other specialty olives in a full range of colors, sizes, and origins, typically fermented in a salt brine for 3 months or more. E:\FR\FM\26JAN1.SGM 26JAN1 3680 Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Notices X. Normal Value A. Comparison Market Viability B. Affiliated Party Transactions and Arm’sLength Test C. Level of Trade D. Cost of Production Analysis 1. Calculation of COP 2. Test of Comparison Market Sales Prices 3. Results of the COP Test E. Calculation of NV Based on Comparison Market Prices F. Calculation of NV Based on Constructed Value XI. Currency Conversion XII. Conclusion [FR Doc. 2018–01447 Filed 1–25–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XF975 Caribbean Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. AGENCY: The Caribbean Fishery Management Council’s (Council) Scientific and Statistical Committee (SSC) will hold a 5-day meeting in February/March to discuss Action 3 of the Island Based FMP, including the ABC control rule and its application to stock complexes, and the items contained in the agenda in the SUPPLEMENTARY INFORMATION. DATES: The meeting will be held from February 26 to March 2, 2018, starting on Monday at 1 p.m. through Friday 12 p.m. ADDRESSES: The meeting will be held at ˜ the Council Office, 270 Munoz Rivera Avenue, Suite 401, San Juan, Puerto Rico. SUMMARY: daltland on DSKBBV9HB2PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Caribbean Fishery Management Council, ˜ 270 Munoz Rivera Avenue, Suite 401, San Juan, Puerto Rico 00918–1903; telephone: (787) 766–5926. SUPPLEMENTARY INFORMATION: —Call to Order —Adoption of Agenda —Overview Review outcomes from previous meeting. —Action 3: Management Reference Points for Stocks/Stock complexes in each of the Puerto Rico, St. Thomas/ St. John and St Croix FMPs —Tiered ABC Control Rule VerDate Sep<11>2014 20:14 Jan 25, 2018 Jkt 244001 —Finalize process for determining the scalars used in Tiered ABC Control Rule —Finalize process for determining the buffer from the overfishing limit (OFL) to ABC (scientific uncertainty buffer) used in the Tiered ABC Control Rule. —Finalize choice of scalar and scientific uncertainty buffer for Tiers 4a and 4b for the applicable stocks. —Application of Acceptable Biological Catch (ABC) Control Rule Language —Review and Finalize process developed for the application of ABC CR to Tier 4a species with high CVs —Southeast Fisheries Science Center (SEFSC) options —Stocks/stock complexes to which the Tiered ABC CR cannot be applied: —Recommendations on time series of landings data (year sequences) to establish reference points for the applicable stocks/stock complexes. —Recommendations on the establishment of the maximum sustainable yield proxy (e.g., mean, median, following the Caribbean Annual Catch Limit Amendments’ approach) for the applicable stocks/ stock complexes. — Recommendations on the scientific uncertainty buffer to determine the ABC for the applicable stocks/stock complexes. —Recommendations to the Caribbean Fishery Management Council —Other Business The order of business may be adjusted as necessary to accommodate the completion of agenda items. The meeting will begin on February 26, 2018 at 1 p.m. Other than the start time, interested parties should be aware that discussions may start earlier or later than indicated. In addition, the meeting may be extended from, or completed prior to the date established in this notice. Special Accommodations These meetings are physically accessible to people with disabilities. For more information or request for sign language interpretation and other auxiliary aids, please contact Mr. ´ Miguel A. Rolon, Executive Director, Caribbean Fishery Management Council, ˜ 270 Munoz Rivera Avenue, Suite 401, San Juan, Puerto Rico, 00918–1903, telephone: (787) 766–5926, at least 5 days prior to the meeting date. Dated: January 23, 2018. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XF981 Mid-Atlantic Fishery Management Council (MAFMC); Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: ACTION: Notice; public meeting. The Tilefish Monitoring Committee of the Mid-Atlantic Fishery Management Council (Council) will hold a meeting. SUMMARY: The meeting will be held on Friday, March 16, 2018, beginning at 9 a.m. and conclude by 1 p.m. For agenda details, see SUPPLEMENTARY INFORMATION. DATES: The meeting will be held via webinar with a telephone-only connection option. Council address: Mid-Atlantic Fishery Management Council, 800 N. State Street, Suite 201, Dover, DE 19901; telephone: (302) 674–2331 or on their website at www.mafmc.org. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Christopher M. Moore, Ph.D., Executive Director, Mid-Atlantic Fishery Management Council, telephone: (302) 526–5255. The purpose of the meeting is for the Tilefish Monitoring Committee to recommend management measures designed to achieve recommended catch limits for the blueline and golden tilefish fisheries. SUPPLEMENTARY INFORMATION: Special Accommodations These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aid should be directed to M. Jan Saunders, (302) 526–5251, at least 5 days prior to the meeting date. Dated: January 23, 2018. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018–01430 Filed 1–25–18; 8:45 am] BILLING CODE 3510–22–P [FR Doc. 2018–01427 Filed 1–25–18; 8:45 am] BILLING CODE 3510–22–P PO 00000 Frm 00008 Fmt 4703 Sfmt 9990 E:\FR\FM\26JAN1.SGM 26JAN1

Agencies

[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)]
[Notices]
[Pages 3677-3680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01447]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-817]


Ripe Olives From Spain: Preliminary Affirmative Determination of 
Sales at Less Than Fair Value, Postponement of Final Determination, and 
Extension of Provisional Measures

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that ripe olives from Spain are being, or are likely to be, sold in the 
United States at less than fair value (LTFV). The period of 
investigation (POI) is April 1, 2016, through March 31, 2017. 
Interested parties are invited to comment on this preliminary 
determination.

DATES: Applicable January 26, 2018.

FOR FURTHER INFORMATION CONTACT: Catherine Cartsos, Bryan Hansen, or 
Peter Zukowski, 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) 482-1757, (202) 482-3683, or (202) 482-0189, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on July 12, 
2017.\1\ On November 16, 2017, Commerce postponed the preliminary 
determination of this investigation and the revised deadline is now 
January 18, 2017.\2\ For a complete description of the events that 
followed the initiation of this investigation, see the Preliminary 
Decision Memorandum.\3\ A list of topics included in the Preliminary 
Decision Memorandum is included at Appendix II to this notice. The 
Preliminary Decision Memorandum is a public document and is on file 
electronically

[[Page 3678]]

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, and to all parties in the 
Central Records Unit, room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See Ripe Olives from Spain: Initiation of Less-Than-Fair-
Value Investigation, 82 FR 33054 (July 19, 2017) (Initiation 
Notice).
    \2\ See Ripe Olives from Spain: Postponement of Preliminary 
Determination in the Less-Than-Fair Value Investigation, 82 FR 53479 
(November 16, 2017).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of ripe 
Olives from Spain,'' dated concurrently with, and hereby adopted by 
this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is ripe olives from 
Spain. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope). Both Aceitunas 
Guadalquivir S.L. (AG) and Angel Camacho Alimentacion S.L. (Camacho) 
stated that cocktail mixes are out of the scope. Without any further 
elaboration, the petitioners commented that AG and Camacho cannot 
unilaterally decided what is in or outside the scope. For this 
preliminary determination, Commerce is not modifying the scope and is 
including cocktail mixes in our analysis. We will further evaluate this 
issue for purposes of the final determination.
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce has calculated export prices in 
accordance with section 772(a) of the Act. Constructed export prices 
have been calculated in accordance with section 772(b) of the Act. 
Normal value (NV) is calculated in accordance with section 773 of the 
Act. For a full description of the methodology underlying the 
preliminary determination, see the Preliminary Decision Memorandum.

All-Others Rate

    Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in 
the preliminary determination Commerce shall determine an estimated 
all-others rate for all exporters and producers not individually 
examined. This rate shall be 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 under 
section 776 of the Act. In this investigation, Commerce calculated 
estimated weighted-average dumping margins for AG, Agro Sevilla 
Aceitunas S.COOP Anndalusia, and Camacho that are not zero, de minimis, 
or based entirely on facts otherwise available. Commerce calculated the 
all-others rate using a weighted-average of the estimated weighted-
average dumping margins calculated for the examined respondents using 
each company's business proprietary data for the merchandise under 
consideration.\5\
---------------------------------------------------------------------------

    \5\ For a complete analysis of the data, see Memorandum, ``Less-
Than-Fair-Value Investigation of Ripe Olives from Spain: Calculation 
of the All-Others Rate,'' dated concurrently with this notice.
---------------------------------------------------------------------------

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Aceitunas Guadalquivir S.L..................................       16.80
Agro Sevilla Aceitunas S.COOP Anndalusia....................       14.64
Angel Camacho Alimentacion S.L..............................       19.73
All-Others..................................................       17.13
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Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of entries of subject merchandise, as described in Appendix I, entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register. Further, pursuant 
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will 
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows: 
(1) The cash deposit rate for the respondents listed above will be 
equal to the company-specific estimated weighted-average dumping 
margins determined in this preliminary determination; (2) if the 
exporter is not a respondent identified above, but the producer is, 
then the cash deposit rate will be equal to the company-specific 
estimated weighted-average dumping margin established for that producer 
of the subject merchandise; and (3) the cash deposit rate for all other 
producers and exporters will be equal to the all-others estimated 
weighted-average dumping margin.
    Commerce normally adjusts cash deposits for estimated antidumping 
duties by the amount of export subsidies countervailed in a companion 
countervailing duty (CVD) proceeding, when CVD provisional measures are 
in effect. Because Commerce preliminarily did not make an affirmative 
determination for countervailable export subsidies, Commerce has not 
offset the estimated weighted-average dumping margin by a CVD rate.\6\
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    \6\ See Ripe Olives from Spain: Preliminary Affirmative 
Countervailing Duty Determination, and Alignment of Final 
Determination With Final Antidumping Duty Determination, 82 FR 56218 
(November 20, 2017).
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    These suspension of liquidation instructions will remain in effect 
until further notice.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last verification report is issued in 
this investigation. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\7\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this investigation 
are encouraged to submit with each argument: (1) A statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
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    \7\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date

[[Page 3679]]

of publication of this notice. Requests should contain the party's 
name, address, and telephone number, the number of participants, 
whether any participant is a foreign national, and a list of the issues 
to be discussed. If a request for a hearing is made, Commerce intends 
to hold the hearing at the U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230, at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. Section 351.210(e)(2) of Commerce's regulations 
requires that a request by exporters for postponement of the final 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to a period not more than six months 
in duration.
    On December 14, 2017, pursuant to 19 CFR 351.210(e), certain 
exporters of subject merchandise requested that Commerce postpone the 
final determination and that provisional measures be extended to a 
period not to exceed six months.\8\ In accordance with section 
735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) The 
preliminary determination is affirmative; (2) the requesting exporters 
account for a significant proportion of exports of the subject 
merchandise; and (3) no compelling reasons for denial exist, Commerce 
is postponing the final determination and extending the provisional 
measures from a four-month period to a period not greater than six 
months. Accordingly, Commerce will make its final determination no 
later than 135 days after the date of publication of this preliminary 
determination.
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    \8\ See Letter from Asociaci[oacute]n de Exportadores e 
Industriales de Aceitunas de Mesa (ASEMESA), Industria Aceiyunera 
Marciense, S.A., DCOOP, S. COOP. AND., Agro Sevilla Aceitunas, SOC. 
COOP. AND., Plasoliva, S.L., GOYA en Espana, S.A.U., Aceitunas 
Guadalquivir, S.L., Angel Camacho Alimentaci[oacute]n, S.L., 
Internacional Olivarera S.A., F.J. Sanchez Sucesores, S.A.U., and 
Aceitunas Sevillanas S.A., ``Request to Postpone the Final 
Antidumping Determination: Ripe Olives from Spain,'' dated December 
14, 2017.
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International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, the ITC will 
determine before the later of 120 days after the date of this 
preliminary determination or 45 days after the final determination 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: January 18, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The products covered by this investigation 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, multi-layered 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 investigation 
if performed in Spain.
    Excluded from the scope are: (1) Specialty olives \9\ (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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    \9\ 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 4 to 9 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 olive 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 4 to 9 months in a salt 
brine.
     Other specialty olives in a full range of colors, 
sizes, and origins, typically fermented in a salt brine for 3 months 
or more.
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    The merchandise subject to this investigation 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 US Customs purposes, they do not define the scope of 
the investigation; rather, the written description of the subject 
merchandise is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Product Characteristics
VI. Discussion of the Methodology
    A. Determination of the Comparison Method
    B. Results of the Differential Pricing Analysis
VII. Date of Sale
VIII. Product Comparisons
IX. Export Price and Constructed Export Price

[[Page 3680]]

X. Normal Value
    A. Comparison Market Viability
    B. Affiliated Party Transactions and Arm's-Length Test
    C. Level of Trade
    D. Cost of Production Analysis
    1. Calculation of COP
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    E. Calculation of NV Based on Comparison Market Prices
    F. Calculation of NV Based on Constructed Value
XI. Currency Conversion
XII. Conclusion

[FR Doc. 2018-01447 Filed 1-25-18; 8:45 am]
 BILLING CODE 3510-DS-P