Ripe Olives From Spain; Determinations, 36966 [2018-16283]

Download as PDF 36966 Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Notices INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–582 and 731– TA–1377 (Final)] Ripe Olives From Spain; Determinations daltland on DSKBBV9HB2PROD with NOTICES On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that an industry in the United States is materially injured by reason of imports of ripe olives from Spain, provided for in subheadings 2005.70.02, 2005.70.04, 2005.70.50, 2005.70.60, 2005.70.70, and 2005.70.75 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (‘‘Commerce’’) to be sold in the United States at less than fair value (‘‘LTFV’’) and to be subsidized by the government of Spain.2 Background The Commission, pursuant to sections 705(b) and 735(b) of the Act (19 U.S.C. 1671d(b) and 19 U.S.C. 1673d(b)), instituted these investigations effective June 22, 2017, following receipt of a petition filed with the Commission and Commerce by the Coalition of Fair Trade in Ripe Olives, consisting of BellCarter Foods, Walnut Creek, CA, and Musco Family Olive Company, Tracy, CA. The final phase of the investigations was scheduled by the Commission following notification of preliminary determinations by Commerce that imports of ripe olives from Spain were subsidized within the meaning of section 703(b) of the Act (19 U.S.C. 1671b(b)) and sold at LTFV within the meaning of 733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the final phase of the Commission’s investigations and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register on February 22, 2018 (83 FR 7774). The hearing was held in Washington, DC, on May 24, 2018, and all persons who requested the opportunity were permitted to appear in person or by counsel. The Commission made these determinations pursuant to sections 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 Commissioner Meredith M. Broadbent dissenting. Commissioner Jason E. Kearns did not participate in these investigations. VerDate Sep<11>2014 18:30 Jul 30, 2018 Jkt 244001 705(b) and 735(b) of the Act (19 U.S.C. 1671d(b) and 19 U.S.C. 1673d(b)). It completed and filed its determinations in these investigations on July 25, 2018. The views of the Commission are contained in USITC Publication 4805 (July 2018), entitled Ripe Olives from Spain: Investigation Nos. 701–TA–582 and 731–TA–1377 (Final). or controlled substances registration revoked, suspended, denied, restricted or placed on probation, or is any such action pending?’ ’’ Id. at 2. The Order further alleged that, when he ‘‘submitted his applications to the DEA and provided a ‘no’ answer to Liability Question 3, [his] Nevada license to practice dentistry had been placed on probation and was currently By order of the Commission. suspended.’’ Id. Based on Respondent’s Issued: July 25, 2018. alleged ‘‘material falsification of [his] Lisa Barton, applications to the DEA,’’ the Order Secretary to the Commission. asserted that ‘‘DEA must revoke’’ his [FR Doc. 2018–16283 Filed 7–30–18; 8:45 am] registrations. Id. at 3. The Show Cause Order notified BILLING CODE 7020–02–P Respondent of his right to request a hearing on the allegations or to submit a written statement in lieu of a hearing, DEPARTMENT OF JUSTICE the procedure for electing either option, Drug Enforcement Administration and the consequence of failing to elect either option. Id. (citing 21 CFR Craig S. Morris, DDS; Dismissal of 1301.43). The Show Cause Order also Proceeding notified Respondent of his right to submit a corrective action plan. Id. at On November 13, 2017, the Acting 3–4 (citing 21 U.S.C. 824(c)(2)(C)). Assistant Administrator, Diversion The Government represents that on Control Division, Drug Enforcement November 20, 2017, a DEA Diversion Administration (DEA), issued an Order Investigator (DI) served a copy of the to Show Cause to Craig S. Morris, DDS Show Cause Order on Respondent by (Respondent), of Texas. The Show electronic mail to an email address that Cause Order proposed the revocation of the DI had previously used to Respondent’s Certificates of Registration correspond with Respondent in April FM5300582 and FM5293294 on the 2017 and that Respondent had provided ground that he ‘‘materially falsified [his] to DEA as a ‘‘contact email’’ in applications for [his] DEA Certificates of connection with his DEA Certificates of Registration.’’ Order to Show Cause, Registration. RFAA, at 3–4 (citing Government Exhibit (GX) A–8 to Declaration of DI, attached as GX A to Request for Final Agency Action RFAA, at 3). There is no dispute that (RFAA), at 1 (citing 21 U.S.C. 824(a)(1)). timely service occurred because the With respect to the Agency’s Government states that DEA’s Diversion jurisdiction, the Show Cause Order Control Division received Respondent’s alleged that Respondent was registered written submissions in connection with at that time in schedules II through V, the Show Cause Order on December 19, pursuant to DEA Certificates of 2017. RFAA, at 4 (citing the Diversion Registration Nos. FM5300582 and Control Division’s Acting Assistant FM5293294 at the addresses of 19121 Administrator’s December 20, 2017 West Lake Houston Parkway, Humble, letter to Respondent, attached as GX C TX, and 25130 Grogans Park Drive, The to RFAA, at 1). Woodlands, TX, respectively.1 Id. at 1–2. Although Respondent’s submissions The Order also alleged that these included a letter (dated December 12, registrations would each expire on 2017) entitled ‘‘Corrective Action Plan,’’ January 31, 2018. Id. the letter stated that it was ‘‘being As substantive grounds for the submitted in response to the Order to proceeding, the Show Cause Order Show Cause levied against me by your alleged that on February 9, 2015, office’’ and attached an affidavit in Respondent ‘‘submitted applications to support signed by Respondent and the DEA for the above-referenced notarized on December 15, 2017. Certificates of Registration’’ but Respondent’s Written Submissions materially falsified the application (hereinafter ‘‘Respondent’s Statement’’ when he ‘‘provided a ‘no’ response to or ‘‘Resp. Stat.’’), attached as GX B to Liability Question 3, which asked, ‘[h]as RFAA, at 1. Respondent did not, the applicant ever surrendered (for however, request a hearing. See cause) or had a state professional license generally id. Based on Respondent’s submission, I find that he waived his 1 The record establishes that Respondent was right to a hearing on the allegations. 21 registered as a ‘‘practitioner’’ with respect to each CFR 1301.43(c). However, pursuant to of the above DEA registrations. Certifications of 21 CFR 1301.43(c), I deem Respondent’s Registration History for FM5300582 and FM5293294, GXs A–1 at 1, 3; A–2, at 1, 3. submission to be his ‘‘written statement PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\31JYN1.SGM 31JYN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 83, Number 147 (Tuesday, July 31, 2018)]
[Notices]
[Page 36966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16283]



[[Page 36966]]

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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-582 and 731-TA-1377 (Final)]


Ripe Olives From Spain; Determinations

    On the basis of the record \1\ developed in the subject 
investigations, the United States International Trade Commission 
(``Commission'') determines, pursuant to the Tariff Act of 1930 (``the 
Act''), that an industry in the United States is materially injured by 
reason of imports of ripe olives from Spain, provided for in 
subheadings 2005.70.02, 2005.70.04, 2005.70.50, 2005.70.60, 2005.70.70, 
and 2005.70.75 of the Harmonized Tariff Schedule of the United States, 
that have been found by the U.S. Department of Commerce (``Commerce'') 
to be sold in the United States at less than fair value (``LTFV'') and 
to be subsidized by the government of Spain.\2\
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    \1\ The record is defined in sec. 207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR 207.2(f)).
    \2\ Commissioner Meredith M. Broadbent dissenting. Commissioner 
Jason E. Kearns did not participate in these investigations.
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Background

    The Commission, pursuant to sections 705(b) and 735(b) of the Act 
(19 U.S.C. 1671d(b) and 19 U.S.C. 1673d(b)), instituted these 
investigations effective June 22, 2017, following receipt of a petition 
filed with the Commission and Commerce by the Coalition of Fair Trade 
in Ripe Olives, consisting of Bell-Carter Foods, Walnut Creek, CA, and 
Musco Family Olive Company, Tracy, CA. The final phase of the 
investigations was scheduled by the Commission following notification 
of preliminary determinations by Commerce that imports of ripe olives 
from Spain were subsidized within the meaning of section 703(b) of the 
Act (19 U.S.C. 1671b(b)) and sold at LTFV within the meaning of 733(b) 
of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the final 
phase of the Commission's investigations and of a public hearing to be 
held in connection therewith was given by posting copies of the notice 
in the Office of the Secretary, U.S. International Trade Commission, 
Washington, DC, and by publishing the notice in the Federal Register on 
February 22, 2018 (83 FR 7774). The hearing was held in Washington, DC, 
on May 24, 2018, and all persons who requested the opportunity were 
permitted to appear in person or by counsel.
    The Commission made these determinations pursuant to sections 
705(b) and 735(b) of the Act (19 U.S.C. 1671d(b) and 19 U.S.C. 
1673d(b)). It completed and filed its determinations in these 
investigations on July 25, 2018. The views of the Commission are 
contained in USITC Publication 4805 (July 2018), entitled Ripe Olives 
from Spain: Investigation Nos. 701-TA-582 and 731-TA-1377 (Final).

    By order of the Commission.

    Issued: July 25, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-16283 Filed 7-30-18; 8:45 am]
 BILLING CODE 7020-02-P

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