Ripe Olives From Spain: Preliminary Results of Countervailing Duty Administrative Review; 2019, 50022-50023 [2021-19257]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)]
[Notices]
[Pages 50022-50023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19257]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-469-818]


Ripe Olives From Spain: Preliminary Results of Countervailing 
Duty Administrative Review; 2019

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that countervailable subsidies are being provided to producers/
exporters of ripe olives from Spain during the period of review, 
January 1, 2019, through December 31, 2019. Interested parties are 
invited to comment on these preliminary results.

DATES: Applicable September 7, 2021.

FOR FURTHER INFORMATION CONTACT: Mary Kolberg or Dusten Hom, 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) 482-1785 or (202) 482-5075, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 6, 2020, Commerce published the notice of initiation of 
an administrative review of the countervailing duty order on ripe 
olives from Spain.\1\ On April 5, 2021, Commerce extended the deadline 
for the preliminary results of this review by 120 days until August 31, 
2021.\2\ For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\3\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 63081 (October 6, 2020).
    \2\ See Memorandum, ``Ripe Olives from Spain: Extension of 
Deadline for Preliminary Results of 2019 Countervailing Duty 
Administrative Review,'' dated April 5, 2021.
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2019 Countervailing Duty Administrative Review of 
Ripe Olives from Spain,'' dated concurrently with, and hereby 
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The products covered by the order are ripe olives from Spain. For a 
complete description of the scope of this administrative review, see 
the Preliminary Decision Memorandum.\4\
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    \4\ See Preliminary Decision Memorandum.
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Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the 
Act). For each of the subsidy programs found countervailable, Commerce 
preliminarily determines that there is a subsidy, i.e., a financial 
contribution by an ``authority'' that gives rise to a benefit to the 
recipient, and that the subsidy is specific.\5\ For a full description 
of the methodology underlying our conclusions, including our reliance, 
in part, on facts otherwise available pursuant to section 776(a) of the 
Act, see the Preliminary Decision Memorandum.
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    \5\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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    The Preliminary 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 Preliminary Decision Memorandum can 
be accessed directly at https://enforcement.trade.gov/frn/. A 
list of topics discussed in the Preliminary Decision Memorandum is 
included as Appendix I to this notice.

Preliminary Rate for Non-Selected Companies Under Review

    There are three companies for which a review was requested and not 
rescinded, and which were not selected as mandatory respondents or 
found to be cross-owned with a mandatory respondent. For these 
companies, because the rates calculated for the mandatory respondents, 
Agro Sevilla Aceitunas S.Coop. And. (Agro Sevilla) and Angel Camacho 
Alimentaci[oacute]n, S.L. (Camacho), were above de minimis and not 
based entirely on facts available, we are applying to the non-selected 
companies the weighted average of the net subsidy rates calculated for 
Agro Sevilla and Camacho, which we calculated using the publicly ranged 
sales data submitted by Agro Sevilla and Camacho.\6\ This methodology 
to establish the all-others subsidy rate is consistent with our 
practice and section 705(c)(5)(A) of the Act. For further information 
on the calculation of the non-selected respondent rate, refer to the 
section in the Preliminary Decision Memorandum entitled ``Non-Selected 
Company Rate.''
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    \6\ With two respondents under examination, Commerce normally 
calculates (A) a weighted-average of the estimated subsidy rates 
calculated for the examined respondents; (B) a simple average of the 
estimated subsidy rates calculated for the examined respondents; and 
(C) a weighted-average of the estimated subsidy rates calculated for 
the examined respondents using each company's publicly-ranged U.S. 
sale quantities for the merchandise under consideration. Commerce 
then compares (B) and (C) to (A) and selects the rate closest to (A) 
as the most appropriate rate for all other producers and exporters. 
See, e.g., Ball Bearings and Parts Thereof from France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53663 
(September 1, 2010).
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Preliminary Results of Review

    We preliminarily determine the following net countervailable 
subsidy rates for the period January 1, 2019, through December 31, 
2019:

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                                                           Subsidy rate
                    Producer/exporter                        (percent)
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Agro Sevilla Aceitunas S.Coop. And......................            4.96

[[Page 50023]]

 
Angel Camacho Alimentaci[oacute]n, S.L. and its cross-              1.07
 owned affiliates \7\...................................
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   Review-Specific Average Rate Applicable to the Following Companies
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Aceitunas Guadalquivir, S.L.............................            3.09
Alimentary Group Dcoop S. Coop. And.....................            3.09
Internacional Olivarera, S.A............................            3.09
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Disclosure and Public Comment

    We will disclose to parties in this review the calculations 
performed for these preliminary results within five days of the date of 
publication of this notice.\9\ Commerce also intends to issue a post-
preliminary analysis memorandum after the publication of this notice. 
Commerce will notify the parties to this proceeding of the deadlines 
for the submission of case and rebuttal briefs after the issuance of a 
post-preliminary memorandum.
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    \7\ As discussed in the Preliminary Decision Memorandum, 
Commerce found the following companies to be cross-owned with Angel 
Camacho Alimentaci[oacute]n, S.L.: Grupo Angel Camacho, S.L., 
Cuarterola S.L., and Cucanoche S.L.
    \8\ This rate is based on the rates for the respondents that 
were selected for individual review, excluding rates that are zero, 
de minimis, or based entirely on facts available. See section 
735(c)(5)(A) of the Act.
    \9\ See 19 CFR 351.224(b).
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    Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit 
case briefs or rebuttal briefs in this review 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. All briefs must be 
filed electronically using ACCESS.
    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS by 5 p.m. Eastern Time within 30 days after the date 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, parties will be notified 
of the date and time for the hearing to be determined.
    Unless extended, Commerce intends to issue the final results of 
this administrative review, which will include the results of our 
analysis of the issues raised in the case briefs, no later than 120 
days of publication of these preliminary results in the Federal 
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 
351.213(h)(1).

Assessment Rates

    In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily 
determined subsidy rates in the amounts shown above for the producer/
exporters shown above. Upon completion of the administrative review, 
consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), 
Commerce shall determine, and CBP shall assess, countervailing duties 
on all appropriate entries covered by this review. 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).

Cash Deposit Requirements

    In accordance with section 751(a)(2)(C) of the Act, Commerce also 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties in the amounts calculated in the final results of 
this review for the respective companies listed above with regard to 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of the final 
results of this review. For all non-reviewed firms, CBP will continue 
to collect cash deposits of estimated countervailing duties at the all-
others rate or the most recent company-specific rate applicable to the 
company, as appropriate. These cash deposit requirements, when imposed, 
shall remain in effect until further notice.

Notification to Interested Parties

    These preliminary results and notice are issued and published in 
accordance with sections 751(a) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(4).

    Dated: August 31, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Non-Selected Company Rate
V. Subsidies Valuation Information
VI. Use of Facts Otherwise Available
VII. Analysis of Programs
VIII. Recommendation

[FR Doc. 2021-19257 Filed 9-3-21; 8:45 am]
BILLING CODE 3510-DS-P