Ripe Olives From Spain: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 37469-37471 [2018-16449]
Download as PDF
<![CDATA[
Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Notices
Exporter/producer
Weighted-average
dumping margins
(percent)
Shanxi Guanjiaying
Flange Forging Group
Co., Ltd .....................
China-wide Entity ..........
257.11
257.11
Notification to Interested Parties
This notice constitutes the
antidumping duty order with respect to
stainless steel flanges from China,
pursuant to section 736(a) of the Act.
Interested parties can find a list of
antidumping duty orders currently in
effect at https://enforcement.trade.gov/
stats/iastats1.html.
This order is issued and published in
accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
Dated: July 25, 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.
sradovich on DSK3GMQ082PROD with NOTICES
Appendix
[FR Doc. 2018–16348 Filed 7–31–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Scope of the Order
The products covered by this order are
certain forged stainless steel flanges, whether
unfinished, semi-finished, or finished
(certain forged stainless steel flanges). Certain
forged stainless steel flanges are generally
manufactured to, but not limited to, the
material specification of ASTM/ASME A/
SA182 or comparable domestic or foreign
specifications. Certain forged stainless steel
flanges are made in various grades such as,
but not limited to, 304, 304L, 316, and 316L
(or combinations thereof). The term
‘‘stainless steel’’ used in this scope refers to
an alloy steel containing, by actual weight,
1.2 percent or less of carbon and 10.5 percent
or more of chromium, with or without other
elements.
Unfinished stainless steel flanges possess
the approximate shape of finished stainless
steel flanges and have not yet been machined
to final specification after the initial forging
or like operations. These machining
processes may include, but are not limited to,
boring, facing, spot facing, drilling, tapering,
threading, beveling, heating, or compressing.
Semi-finished stainless steel flanges are
unfinished stainless steel flanges that have
undergone some machining processes.
The scope includes six general types of
flanges. They are: (1) Weld neck, generally
used in butt-weld line connection; (2)
threaded, generally used for threaded line
connections; (3) slip-on, generally used to
slide over pipe; (4) lap joint, generally used
with stub-ends/butt-weld line connections;
(5) socket weld, generally used to fit pipe
into a machine recession; and (6) blind,
generally used to seal off a line. The sizes
and descriptions of the flanges within the
scope include all pressure classes of ASME
VerDate Sep<11>2014
B16.5 and range from one-half inch to
twenty-four inches nominal pipe size.
Specifically excluded from the scope of this
order are cast stainless steel flanges. Cast
stainless steel flanges generally are
manufactured to specification ASTM A351.
The country of origin for certain forged
stainless steel flanges, whether unfinished,
semi-finished, or finished is the country
where the flange was forged. Subject
merchandise includes stainless steel flanges
as defined above that have been further
processed in a third country. The processing
includes, but is not limited to, boring, facing,
spot facing, drilling, tapering, threading,
beveling, heating, or compressing, and/or any
other processing that would not otherwise
remove the merchandise from the scope of
the investigation if performed in the country
of manufacture of the stainless steel flanges.
Merchandise subject to the order is
typically imported under headings
7307.21.1000 and 7307.21.5000 of the
Harmonized Tariff Schedule of the United
States (HTSUS). While HTSUS subheadings
and ASTM specifications are provided for
convenience and customs purposes, the
written description of the scope is
dispositive.
20:07 Jul 31, 2018
Jkt 244001
International Trade Administration
Ripe Olives From Spain: Amended
Final Affirmative Countervailing Duty
Determination and Countervailing Duty
Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
Based on affirmative final
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (the
ITC), Commerce is issuing a
countervailing duty (CVD) order on ripe
olives from Spain. In addition,
Commerce is amending its final CVD
determination with respect to ripe
olives from Spain to correct ministerial
errors.
SUMMARY:
Applicable August 1, 2018.
FOR FURTHER INFORMATION CONTACT:
Mary Kolberg or Lana Nigro, AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1785 or (202) 482–1779,
respectively.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00011
Background
In accordance with sections 705(a),
705(d), and 777(i)(1) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.210(c), on June 18, 2018, Commerce
published in the Federal Register an
affirmative final determination in the
CVD investigation of ripe olives from
Spain.1 Interested parties submitted
timely filed allegations that Commerce
made certain ministerial errors in the
final CVD determination of ripe olives
from Spain. Section 705(e) of the Act
and 19 CFR 351.224(f) define ministerial
errors as errors in addition, subtraction,
or other arithmetic function, clerical
errors resulting from inaccurate
copying, duplication, or the like, and
any other type of unintentional error
which the Commerce considers
ministerial. We reviewed the allegations
and determined that we made certain
ministerial errors. See ‘‘Amendment to
the Final Determination’’ section below
for further discussion.
On July 25, 2018, the ITC notified
Commerce of its affirmative
determination pursuant to sections
705(b)(1)(A)(i) and 705(d) of the Act,
that an industry in the United States is
materially injured by reason of
subsidized imports of ripe olives from
Spain.2
Scope of the Order
[C–469–818]
DATES:
37469
Fmt 4703
Sfmt 4703
The merchandise covered by this
order is ripe olives from Spain. For a
complete description of the scope of this
order, see the Appendix to this notice.
Amendment to the Final Determination
On June 19, 2018, the petitioner,3
Aceitunas Guadalquivir S.L.U.
(Aceitunas Guadalquivir), and Angel
´
Camacho Alimentacion, S.L. (Angel
Camacho) timely alleged that the Final
Determination contained certain
ministerial errors and requested that
Commerce correct such errors. On June
25, 2018, the petitioner filed rebuttal
comments.
Commerce reviewed the record and,
on July 12, 2018, agreed that certain
errors referenced in the petitioner’s and
Angel Camacho’s allegations constitute
ministerial errors within the meaning of
section 705(e) of the Act and 19 CFR
1 See Ripe Olives from Spain: Final Affirmative
Countervailing Duty Determination, 83 FR 28186
(June 18, 2018) (Final Determination) and
accompanying Issues and Decision Memorandum.
2 See Letter from the ITC to Commerce, dated July
25, 2018; see also Ripe Olives from Spain
(Investigation Nos. 701–TA–582 and 731–TA–1377
(Final), USITC Publication 4805, July 2018).
3 The petitioner to this investigation is the
Coalition for Fair Trade in Ripe Olives, whose
individual member are BellCarter Foods, Inc. and
Musco Family Olive Co.
E:\FR\FM\01AUN1.SGM
01AUN1
37470
Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Notices
351.224(f).4 Commerce did not agree
that the error alleged in Aceitunas
Guadalquivir’s submission constituted a
ministerial error. Commerce found that
it made errors in calculating Angel
Camacho’s benefit under the European
Union Common Agricultural Policy
Pillar I: Basic Payment Scheme—
Greening program, and in attributing to
Angel Camacho subsidies received by
its cross-owned input suppliers.5
Pursuant to 19 CFR 351.224(e),
Commerce is amending the Final
Determination to reflect the correction
of the ministerial errors described
above. Based on our correction of the
ministerial errors in Angel Camacho’s
calculation, the subsidy rate for Angel
Camacho increased from 13.22 percent
ad valorem to 13.76 percent ad
valorem.6 Because in the Final
Determination we based the ‘‘all-others’’
rate, in part, on Angel Camacho’s ad
valorem subsidy rate,7 the correction
described above also required that we
recalculate the ‘‘all-others’’ rate. This
recalculation increases the ‘‘all-others’’
rate determined in the Final
Determination from 14.75 percent ad
valorem to 14.97 percent ad valorem.8
Countervailing Duty Order
On July 25, 2018, in accordance with
sections 705(b)(1)(A)(i) and 705(d) of the
Act, the ITC notified Commerce of its
final determination in this investigation,
in which it found that an industry in the
United States is materially injured by
reason of subsidized imports of ripe
olives from Spain. Therefore, in
accordance with section 705(c)(2) of the
Act, we are issuing this CVD order.
Because the ITC determined that
imports of ripe olives from Spain are
materially injuring a U.S. industry,
unliquidated entries of such
merchandise from Spain, entered or
withdrawn from warehouse for
consumption, are subject to the
assessment of countervailing duties.
Therefore, in accordance with section
706(a) of the Act, Commerce will direct
United States Customs and Border
Protection (CBP) to assess, upon further
instruction by Commerce,
countervailing duties equal to the net
countervailable subsidy rates, for all
relevant entries of ripe olives from
Spain. Upon further instruction by
Commerce, countervailing duties will be
assessed on unliquidated entries of ripe
olives from Spain entered, or withdrawn
from warehouse, for consumption on or
after November 28, 2017, the date of
publication of the Preliminary
Determination.9
Cash Deposits and Suspension of
Liquidation
In accordance with section 706 of the
Act, we will instruct CBP to suspend
liquidation on all relevant entries of ripe
olives from Spain, as further described
below. These instructions suspending
liquidation will remain in effect until
further notice. Commerce will also
instruct CBP to require cash deposits
equal to the amounts as indicated
below. Accordingly, effective on the
date of publication of the ITC’s final
affirmative injury determination, CBP
will require, at the same time as
importers would normally deposit
estimated duties on this subject
merchandise, a cash deposit equal to the
subsidy rates listed below.10 The allothers rate applies to all producers or
exporters not specifically listed, as
appropriate.
Subsidy rate
(%)
Company
Aceitunas Guadalquivir S.L.U 11 ..........................................................................................................................................................
Agro Sevilla Aceitunas S.Coop.And ....................................................................................................................................................
´
Angel Camacho Alimentacion, S.L 12 ..................................................................................................................................................
All-Others .............................................................................................................................................................................................
Provisional Measures
sradovich on DSK3GMQ082PROD with NOTICES
Section 703(d) of the Act states that
the suspension of liquidation pursuant
to an affirmative preliminary CVD
determination may not remain in effect
for more than four months. In the
underlying investigation, Commerce
published the Preliminary
Determination on November 28, 2017.
Therefore, the four-month period
beginning on the date of the publication
of the Preliminary Determination ended
on March 27, 2018, the final day on
which provisional measures were in
effect. Furthermore, section 707(b) of
the Act states that definitive duties are
to begin on the date of publication of the
4 See Memorandum, ‘‘Ripe Olives from Spain:
Amended Final Determination of Countervailing
Duty Investigation Pursuant to Ministerial Error
Allegation,’’ dated July 12, 2018 (Ministerial Error
Memorandum).
5 Id.
6 Id.
7 Final Determination, 83 FR at 28187.
8 See Ministerial Error Memorandum.
9 See Ripe Olives from Spain: Preliminary
Affirmative Countervailing Duty Determination, and
Alignment of Final Determination with Final
VerDate Sep<11>2014
20:07 Jul 31, 2018
Jkt 244001
ITC’s final injury determination.
Therefore, in accordance with section
703(d) of the Act and our practice, we
instructed CBP to terminate the
suspension of liquidation of and to
liquidate, without regard to duties,
unliquidated entries of ripe olives from
Spain made on or after March 28, 2018.
Suspension of liquidation will resume
on the date of publication of the ITC’s
final determination in the Federal
Register.
27.02
7.52
13.76
14.97
Interested parties can find a list of CVD
orders currently in effect at https://
enforcement.trade.gov/stats/
iastats1.html.
This order and amended final
determination are published in
accordance with section 705(d)–(e),
706(a), and 777(i)(1) of the Act and 19
CFR 351.211(b).
Notification to Interested Parties
This notice constitutes the CVD order
with respect to ripe olives from Spain
pursuant to section 706(a) of the Act.
Antidumping Duty Determination, 82 FR 56218
(November 28, 2017) (Preliminary Determination)
and accompanying Preliminary Decision
Memorandum (Preliminary Decision
Memorandum). However, as described further
below, entries that occurred after the final day on
which provisional measures were in effect, until
and through the day preceding the date of
publication of the ITC’s final injury determination
in the Federal Register, are not subject to
countervailing duties.
10 See section 706(a)(3) of the Act.
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
11 Commerce found the following companies to be
cross-owned with Aceitunas Guadalquivir S.L.U.:
Coromar Inv., S.L., AG Explotaciones Agricolas,
S.L.U., and Grupo Aceitunas Guadalquivir, S.L. See
Preliminary Decision Memorandum at 9,
unchanged in Final Determination.
12 Commerce found the following companies to be
´
cross-owned with Angel Camacho Alimentacion,
´
S.L.: Grupo Angel Camacho Alimentacıon,
Cuarterola S.L., and Cucanoche S.L. See
Preliminary Decision Memorandum at 11,
unchanged in Final Determination.
E:\FR\FM\01AUN1.SGM
01AUN1
Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Notices
Dated: July 25, 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
sradovich on DSK3GMQ082PROD with NOTICES
Scope of the Order
The products covered by this order 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 order if
performed in Spain.
Subject merchandise includes ripe olives
that otherwise meet the definition above that
are packaged together with non-subject
products, where the smallest individual
packaging unit (e.g., can, pouch, jar, etc.) of
any such product—regardless of whether the
smallest unit of packaging is included in a
larger packaging unit (e.g., display case,
etc.)—contains a majority (i.e., more than 50
percent) of ripe olives by net drained weight.
The scope does not include the non-subject
components of such product.
Excluded from the scope are: (1) Specialty
olives 13 (including ‘‘Spanish-style,’’
13 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
VerDate Sep<11>2014
20:07 Jul 31, 2018
Jkt 244001
‘‘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)).
The merchandise subject to this order 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 U.S. Customs purposes, they do not
define the scope of the order; rather, the
written description of the subject
merchandise is dispositive.
[FR Doc. 2018–16449 Filed 7–31–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–839]
Polyester Staple Fiber From the
Republic of Korea: Rescission of
Antidumping Duty Administrative
Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is rescinding the
administrative review of the
antidumping duty order on polyester
staple fiber (PSF) from the Republic of
Korea (Korea), based on the timely
withdrawal of requests for review. The
period of review (POR) is May 1, 2017,
through April 30, 2018.
DATES: Applicable August 1, 2018.
FOR FURTHER INFORMATION CONTACT:
Robert Brown, AD/CVD Operations,
Office I, Enforcement and Compliance,
AGENCY:
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.
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
37471
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3702.
SUPPLEMENTARY INFORMATION:
Background
On May 1, 2018, Commerce published
a notice of opportunity to request an
administrative review of the
antidumping duty order on PSF from
Korea for the POR of May 1, 2017,
through April 30, 2018.1 On May 31,
2018, pursuant to 19 CFR 351.213,
Commerce received a timely-filed
request from DAK Americas LLC and
Auriga Polymers, Inc. (collectively, the
petitioners) for an administrative review
of, among others, Huvis Corporation
(Huvis).2 Also on May 31, 2018, Huvis
Corporation (Huvis) requested an
administrative review of its POR sales.3
On July 12, 2018, in accordance with 19
CFR 351.221(c)(1)(i), Commerce
published a notice of initiation of an
administrative review of Huvis.4 On
July 17 and 18, 2018, respectively,
pursuant to 19 CFR 351.213(d)(1), both
the petitioners and Huvis timely
withdrew their requests for an
administrative review of Huvis.5
Rescission of Review
Pursuant to 19 CFR 351.213(d)(l),
Commerce will rescind an
administrative review, in whole or in
part, if the party, or parties, that
requested a review withdraw(s) the
request(s) within 90 days of the
publication date of the notice of
initiation of the requested review. As
noted above, both the petitioners and
Huvis withdrew their requests for
review of Huvis within 90 days of the
publication date of the notice of
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 83 FR 19047
(May 1, 2018).
2 See Letter from the petitioners, ‘‘Polyester
Staple Fiber from Korea—Request for Annual
Administrative Review’’ (May 31, 2018). The
petitioners also requested an administrative review
of Toray Chemical Korea, Inc. (Toray). However, the
petitioners withdrew their request for Toray before
the review was initiated. See Letter from the
petitioners, ‘‘Polyester Staple Fiber from Korea—
Withdrawal of Review Request for Toray Chemical
Korea’’ (June 26, 2018). Thus, a review was not
initiated for Toray.
3 See Letter from Huvis, ‘‘Certain Polyester Staple
Fiber from Korea; Request for Administrative
Review for 2017–2018 Period’’ (May 31, 2018).
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
32270 (July 12, 2018) (Notice of Initiation).
5 See Letter from the petitioners, ‘‘Polyester
Staple Fiber from Korea—Withdrawal of Review
Request for Huvis Corporation’’ (July 17, 2018); see
also Letter from Huvis, ‘‘Certain Polyester Staple
Fiber from Korea; Withdrawal of Request for
Administrative Review for 2017–2018 Period’’ (July
18, 2018).
E:\FR\FM\01AUN1.SGM
01AUN1
]]>Agencies
[Federal Register Volume 83, Number 148 (Wednesday, August 1, 2018)]
[Notices]
[Pages 37469-37471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16449]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-469-818]
Ripe Olives From Spain: Amended Final Affirmative Countervailing
Duty Determination and Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (the ITC),
Commerce is issuing a countervailing duty (CVD) order on ripe olives
from Spain. In addition, Commerce is amending its final CVD
determination with respect to ripe olives from Spain to correct
ministerial errors.
DATES: Applicable August 1, 2018.
FOR FURTHER INFORMATION CONTACT: Mary Kolberg or Lana Nigro, AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1785 or (202) 482-1779,
respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(a), 705(d), and 777(i)(1) of the
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(c), on
June 18, 2018, Commerce published in the Federal Register an
affirmative final determination in the CVD investigation of ripe olives
from Spain.\1\ Interested parties submitted timely filed allegations
that Commerce made certain ministerial errors in the final CVD
determination of ripe olives from Spain. Section 705(e) of the Act and
19 CFR 351.224(f) define ministerial errors as errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other type
of unintentional error which the Commerce considers ministerial. We
reviewed the allegations and determined that we made certain
ministerial errors. See ``Amendment to the Final Determination''
section below for further discussion.
---------------------------------------------------------------------------
\1\ See Ripe Olives from Spain: Final Affirmative Countervailing
Duty Determination, 83 FR 28186 (June 18, 2018) (Final
Determination) and accompanying Issues and Decision Memorandum.
---------------------------------------------------------------------------
On July 25, 2018, the ITC notified Commerce of its affirmative
determination pursuant to sections 705(b)(1)(A)(i) and 705(d) of the
Act, that an industry in the United States is materially injured by
reason of subsidized imports of ripe olives from Spain.\2\
---------------------------------------------------------------------------
\2\ See Letter from the ITC to Commerce, dated July 25, 2018;
see also Ripe Olives from Spain (Investigation Nos. 701-TA-582 and
731-TA-1377 (Final), USITC Publication 4805, July 2018).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this order is ripe olives from Spain.
For a complete description of the scope of this order, see the Appendix
to this notice.
Amendment to the Final Determination
On June 19, 2018, the petitioner,\3\ Aceitunas Guadalquivir S.L.U.
(Aceitunas Guadalquivir), and Angel Camacho Alimentaci[oacute]n, S.L.
(Angel Camacho) timely alleged that the Final Determination contained
certain ministerial errors and requested that Commerce correct such
errors. On June 25, 2018, the petitioner filed rebuttal comments.
---------------------------------------------------------------------------
\3\ The petitioner to this investigation is the Coalition for
Fair Trade in Ripe Olives, whose individual member are BellCarter
Foods, Inc. and Musco Family Olive Co.
---------------------------------------------------------------------------
Commerce reviewed the record and, on July 12, 2018, agreed that
certain errors referenced in the petitioner's and Angel Camacho's
allegations constitute ministerial errors within the meaning of section
705(e) of the Act and 19 CFR
[[Page 37470]]
351.224(f).\4\ Commerce did not agree that the error alleged in
Aceitunas Guadalquivir's submission constituted a ministerial error.
Commerce found that it made errors in calculating Angel Camacho's
benefit under the European Union Common Agricultural Policy Pillar I:
Basic Payment Scheme--Greening program, and in attributing to Angel
Camacho subsidies received by its cross-owned input suppliers.\5\
Pursuant to 19 CFR 351.224(e), Commerce is amending the Final
Determination to reflect the correction of the ministerial errors
described above. Based on our correction of the ministerial errors in
Angel Camacho's calculation, the subsidy rate for Angel Camacho
increased from 13.22 percent ad valorem to 13.76 percent ad valorem.\6\
Because in the Final Determination we based the ``all-others'' rate, in
part, on Angel Camacho's ad valorem subsidy rate,\7\ the correction
described above also required that we recalculate the ``all-others''
rate. This recalculation increases the ``all-others'' rate determined
in the Final Determination from 14.75 percent ad valorem to 14.97
percent ad valorem.\8\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Ripe Olives from Spain: Amended Final
Determination of Countervailing Duty Investigation Pursuant to
Ministerial Error Allegation,'' dated July 12, 2018 (Ministerial
Error Memorandum).
\5\ Id.
\6\ Id.
\7\ Final Determination, 83 FR at 28187.
\8\ See Ministerial Error Memorandum.
---------------------------------------------------------------------------
Countervailing Duty Order
On July 25, 2018, in accordance with sections 705(b)(1)(A)(i) and
705(d) of the Act, the ITC notified Commerce of its final determination
in this investigation, in which it found that an industry in the United
States is materially injured by reason of subsidized imports of ripe
olives from Spain. Therefore, in accordance with section 705(c)(2) of
the Act, we are issuing this CVD order. Because the ITC determined that
imports of ripe olives from Spain are materially injuring a U.S.
industry, unliquidated entries of such merchandise from Spain, entered
or withdrawn from warehouse for consumption, are subject to the
assessment of countervailing duties.
Therefore, in accordance with section 706(a) of the Act, Commerce
will direct United States Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, countervailing duties
equal to the net countervailable subsidy rates, for all relevant
entries of ripe olives from Spain. Upon further instruction by
Commerce, countervailing duties will be assessed on unliquidated
entries of ripe olives from Spain entered, or withdrawn from warehouse,
for consumption on or after November 28, 2017, the date of publication
of the Preliminary Determination.\9\
---------------------------------------------------------------------------
\9\ See Ripe Olives from Spain: Preliminary Affirmative
Countervailing Duty Determination, and Alignment of Final
Determination with Final Antidumping Duty Determination, 82 FR 56218
(November 28, 2017) (Preliminary Determination) and accompanying
Preliminary Decision Memorandum (Preliminary Decision Memorandum).
However, as described further below, entries that occurred after the
final day on which provisional measures were in effect, until and
through the day preceding the date of publication of the ITC's final
injury determination in the Federal Register, are not subject to
countervailing duties.
---------------------------------------------------------------------------
Cash Deposits and Suspension of Liquidation
In accordance with section 706 of the Act, we will instruct CBP to
suspend liquidation on all relevant entries of ripe olives from Spain,
as further described below. These instructions suspending liquidation
will remain in effect until further notice. Commerce will also instruct
CBP to require cash deposits equal to the amounts as indicated below.
Accordingly, effective on the date of publication of the ITC's final
affirmative injury determination, CBP will require, at the same time as
importers would normally deposit estimated duties on this subject
merchandise, a cash deposit equal to the subsidy rates listed
below.\10\ The all-others rate applies to all producers or exporters
not specifically listed, as appropriate.
---------------------------------------------------------------------------
\10\ See section 706(a)(3) of the Act.
------------------------------------------------------------------------
Subsidy rate
Company (%)
------------------------------------------------------------------------
Aceitunas Guadalquivir S.L.U \11\....................... 27.02
Agro Sevilla Aceitunas S.Coop.And....................... 7.52
Angel Camacho Alimentaci[oacute]n, S.L \12\............. 13.76
All-Others.............................................. 14.97
------------------------------------------------------------------------
Provisional Measures
---------------------------------------------------------------------------
\11\ Commerce found the following companies to be cross-owned
with Aceitunas Guadalquivir S.L.U.: Coromar Inv., S.L., AG
Explotaciones Agricolas, S.L.U., and Grupo Aceitunas Guadalquivir,
S.L. See Preliminary Decision Memorandum at 9, unchanged in Final
Determination.
\12\ Commerce found the following companies to be cross-owned
with Angel Camacho Alimentaci[oacute]n, S.L.: Grupo Angel Camacho
Alimentac[iacute]on, Cuarterola S.L., and Cucanoche S.L. See
Preliminary Decision Memorandum at 11, unchanged in Final
Determination.
---------------------------------------------------------------------------
Section 703(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary CVD determination may not remain
in effect for more than four months. In the underlying investigation,
Commerce published the Preliminary Determination on November 28, 2017.
Therefore, the four-month period beginning on the date of the
publication of the Preliminary Determination ended on March 27, 2018,
the final day on which provisional measures were in effect.
Furthermore, section 707(b) of the Act states that definitive duties
are to begin on the date of publication of the ITC's final injury
determination. Therefore, in accordance with section 703(d) of the Act
and our practice, we instructed CBP to terminate the suspension of
liquidation of and to liquidate, without regard to duties, unliquidated
entries of ripe olives from Spain made on or after March 28, 2018.
Suspension of liquidation will resume on the date of publication of the
ITC's final determination in the Federal Register.
Notification to Interested Parties
This notice constitutes the CVD order with respect to ripe olives
from Spain pursuant to section 706(a) of the Act. Interested parties
can find a list of CVD orders currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
This order and amended final determination are published in
accordance with section 705(d)-(e), 706(a), and 777(i)(1) of the Act
and 19 CFR 351.211(b).
[[Page 37471]]
Dated: July 25, 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
Scope of the Order
The products covered by this order 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 order if
performed in Spain.
Subject merchandise includes ripe olives that otherwise meet the
definition above that are packaged together with non-subject
products, where the smallest individual packaging unit (e.g., can,
pouch, jar, etc.) of any such product--regardless of whether the
smallest unit of packaging is included in a larger packaging unit
(e.g., display case, etc.)--contains a majority (i.e., more than 50
percent) of ripe olives by net drained weight. The scope does not
include the non-subject components of such product.
Excluded from the scope are: (1) Specialty olives \13\
(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)).
---------------------------------------------------------------------------
\13\ 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.
---------------------------------------------------------------------------
The merchandise subject to this order 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 U.S. Customs purposes,
they do not define the scope of the order; rather, the written
description of the subject merchandise is dispositive.
[FR Doc. 2018-16449 Filed 7-31-18; 8:45 am]
BILLING CODE 3510-DS-P
