Ripe Olives From Spain: Final Results of Antidumping Duty Administrative Review; 2018-2019, 35068-35069 [2021-14060]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 86, Number 124 (Thursday, July 1, 2021)]
[Notices]
[Pages 35068-35069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14060]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-817]


Ripe Olives From Spain: Final Results of Antidumping Duty 
Administrative Review; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) determines that the 
producers/exporters subject to this review made sales of subject 
merchandise in the United States at less than normal value during the 
period of review (POR) January 26, 2018, through July 31, 2019.

DATES: Applicable July 1, 2021.

FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, 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) 482-0665.

SUPPLEMENTARY INFORMATION:

Background

    On December 28, 2020, Commerce published the Preliminary Results of 
the 2018-2019 administrative review of the antidumping duty order on 
ripe olives from Spain.\1\ The administrative review covers three 
producers or exporters of the subject merchandise, Agro Sevilla 
Aceitunas S. Coop. And. (Agro Sevilla), Camacho Alimentacion S.L. 
(Angel Camacho), and Alimentary Group Dcoop S. Coop. And. (Dcoop). We 
invited interested parties to comment on the Preliminary Results. On 
February 1, 2021, we received case briefs from the domestic interested 
parties, Musco Family Olive Company (Musco) and Bell-Carter Foods, LLC 
(BCF), both members of the Coalition for Fair Trade in Ripe Olives, and 
from the mandatory respondents, Agro Sevilla, Angel Camacho, and 
Dcoop.\2\ On February 8, 2021, Musco, Agro Sevilla, Angel Camacho, and 
Dcoop submitted rebuttal briefs.\3\ On April 5, 2021, Commerce extended 
the deadline for the final results by 59 days to June 25, 2021.\4\ 
Commerce conducted this review in accordance with section 751(a)(1)(B) 
of the Tariff Act of 1930, as amended (the Act).
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    \1\ See Ripe Olives from Spain: Preliminary Results of 
Antidumping Duty Administrative Review; 2018-2019, 85 FR 84297 
(December 28, 2020) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ See Musco's Letters, ``Ripe Olives from Spain; 1st 
Administrative Review Musco Case Brief Concerning Agro Sevilla,'' 
dated February 1, 2021; ``Ripe Olives from Spain; 1st Administrative 
Review Musco Case Brief Concerning Camacho,'' dated February 1, 
2021; and ``Ripe Olives from Spain; 1st Administrative Review Musco 
Case Brief Concerning Dcoop,'' dated February 1, 2021; see also 
BCF's Letter, ``Ripe Olives from Spain: Case Brief,'' dated February 
1, 2021; Agro Sevilla's Letter, ``Case Brief of Agro Sevilla Ripe 
Olives from Spain (A-469-817) POR1,'' dated February 1, 2021; Angel 
Camacho's Letter, ``Case Brief of Camacho Alimentaci[oacute]n S.L. 
Ripe Olives from Spain (A-469-817) POR1,'' dated February 1, 2021; 
and Dcoop's Letter, ``Ripe Olives from Spain: Case Brief,'' dated 
February 1, 2021.
    \3\ See Musco's Letters, ``Ripe Olives from Spain; 1st 
Administrative Review Musco Rebuttal Brief Concerning Agro 
Sevilla,'' dated February 8, 2021; ``Ripe Olives from Spain; 1st 
Administrative Review Musco Rebuttal Brief Concerning Camacho,'' 
dated February 8, 2021; ``Ripe Olives from Spain; 1st Administrative 
Review Musco Rebuttal Brief Concerning Dcoop,'' dated February 8, 
2021; and ``Ripe Olives from Spain; 1st Administrative Review Musco 
Rebuttal Brief Concerning BCF,'' dated February 8, 2021; see also 
Agro Sevilla's Letter, ``Rebuttal Brief of Agro Sevilla Ripe Olives 
from Spain (A-469-817) POR1,'' dated February 8, 2021; Angel 
Camacho's Letter, ``Rebuttal Brief of Camacho Alimentaci[oacute]n 
S.L. Ripe Olives from Spain (A-469-817) POR1,'' dated February 8, 
2021; and Dcoop's Letter, ``Ripe Olives from Spain: Rebuttal 
Brief,'' dated February 8, 2021.
    \4\ See Memorandum, ``Ripe Olives from Spain: Extension of 
Deadline for Final Results of Antidumping Duty Administrative 
Review,'' dated April 5, 2021.
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Scope of the Order

    The merchandise subject to the order are ripe olives. A full 
description of the scope of the order is contained in the Issues and 
Decision Memorandum.\5\
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    \5\ See Memorandum, ``Ripe Olives from Spain: Issues and 
Decision Memorandum for the Final Results of Antidumping Duty 
Administrative Review; 2018-2019,'' dated concurrently with, and 
hereby adopted by this notice (Issues and Decision Memorandum).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs that were 
submitted by parties in this investigation are addressed in the Issues 
and Decision Memorandum. A list of the topics discussed in the Issues 
and Decision Memorandum is attached as an Appendix to this notice. The 
Issues and Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at https://enforcement.trade.gov/frn.

Changes Since the Preliminary Results

    Based on the comments received we made changes for these final 
results which are discussed in the Issues and Decision Memorandum.

Final Results of the Administrative Review

    We determine that the following weighted-average dumping margins 
exist for the period January 26, 2018, through July 31, 2019.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Producer/exporter                         dumping
                                                              margin
                                                             (percent)
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Agro Sevilla Aceitunas S.COOP Andalusia.................           15.65
Angel Camacho Alimentacion S.L..........................           22.41
Alimentary Group Dcoop S. Coop. And.....................            5.78
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Disclosure

    We intend to disclose the calculations performed in connection with 
these final results to parties in this proceeding within five days 
after the date of publication of the final results or, if there is no 
public announcement, within five days of the date of publication of the 
notice of final results in the Federal Register, in accordance with 19 
CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), Commerce will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review.
    For Agro Sevilla, Angel Camacho, and Dcoop, we calculated importer-
specific assessment rates on the basis of the ratio of the total amount 
of dumping calculated for each importer's examined sales and the total 
entered value of those sales in accordance with 19 CFR 
351.212(b)(1).\6\ Where an importer-specific assessment rate is de 
minimis (i.e., less than 0.5 percent), the entries by that importer 
will be liquidated

[[Page 35069]]

without reference to antidumping duties.
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    \6\ In these final results, Commerce applied the assessment rate 
calculation method adopted in Antidumping Proceedings: Calculation 
of the Weighted-Average Dumping Margin and Assessment Rate in 
Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 
(February 14, 2012).
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    For entries of subject merchandise during the POR produced by each 
respondent for which it did not know that its merchandise was destined 
for the United States, we will instruct CBP to liquidate unreviewed 
entries at the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.\7\
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    \7\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    Consistent with its recent notice,\8\ Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of the final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).
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    \8\ See Notice of Discontinuation of Policy to Issue Liquidation 
Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 884 (Jan.15, 
2021).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication in the Federal Register of this notice for all shipments of 
ripe olives entered, or withdrawn from warehouse, for consumption on or 
after the date of publication as provided by section 751(a)(2) of the 
Act: (1) The cash deposit rates for the companies subject to this 
review will be equal to the weighted-average dumping margin established 
in the final results of the review; (2) for merchandise exported by 
producers or exporters not covered in this review but covered in a 
prior completed segment of the proceeding, the cash deposit rate will 
continue to be the company-specific rate published in the completed 
segment for the most recent period; (3) if the exporter is not a firm 
covered in this review, a prior review, or the original investigation 
but the producer has been covered in a prior completed segment of this 
proceeding, then the cash deposit rate will be the rate established in 
the completed segment for the most recent period for the producer of 
the merchandise; (4) the cash deposit rate for all other producers or 
exporters will continue to be 19.98 percent, the all-others rate 
established in the less-than-fair-value investigation for this 
proceeding.\9\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \9\ See Ripe Olives from Spain: Antidumping Duty Order, 83 FR 
37465 (August 1, 2018).
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Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification Regarding Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return or 
destruction of APO materials, or conversion to judicial protective 
order, is hereby requested. Failure to comply with the regulations and 
terms of an APO is a violation subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these results of administrative 
review in accordance with sections 751(a) and 777(i) of the Act and 19 
CFR 351.221(b)(5).

    Dated: June 25, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Agro Sevilla
    Comment 1: Home-Market Database
    Comment 2: Constructed Export Price Offset
    Comment 3: Major-Input Rule Adjustment
    Angel Camacho
    Comment 4: Price Comparisons for a Certain Product Control 
Number Sold in the U.S. Market
    Comment 5: Cost Adjustment to Ending Inventory Value
    Comment 6: General and Administrative Expenses
    Comment 7: Certain Inland Freight Expenses
    Comment 8: Beginning Dates in Programs
    DCoop
    Comment 9: Whether Commerce Should Apply Adverse Facts Available 
to Dcoop's Cost Database
    Comment 10: Application of Adverse Facts Available to Dcoop's 
General and Administrative Expenses
    Comment 11: Early Payment and Quantity Discounts
    Comment 12: U.S. Freight and U.S. Indirect Selling Expenses
    Comment 13: Rescission of the Administrative Review of Dcoop
VI. Recommendation
[FR Doc. 2021-14060 Filed 6-30-21; 8:45 am]
BILLING CODE 3510-DS-P