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]
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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
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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.
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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]
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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
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).
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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 https://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.
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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).
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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.
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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
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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).
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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.
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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.
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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
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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.
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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:
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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
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—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
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]]>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 https://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
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\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).
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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.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
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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\
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\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.
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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
------------------------------------------------------------------------
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
