Ripe Olives From Spain: Preliminary Results of Antidumping Duty Administrative Review; 2019-2020, 50052-50053 [2021-19258]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)]
[Notices]
[Pages 50052-50053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19258]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-817]


Ripe Olives From Spain: Preliminary Results of Antidumping Duty 
Administrative Review; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
producers or exporters subject to this administrative review made sales 
of subject merchandise at less than normal value during the period of 
review (POR), August 1, 2019, through July 31, 2020. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable September 7, 2021.

FOR FURTHER INFORMATION CONTACT: Jacob Keller or Christopher Williams, 
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) 482-4849 or (202) 482-
5166, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On August 1, 2018, Commerce published in the Federal Register the 
antidumping duty order on ripe olives from Spain.\1\ On October 6, 
2020, Commerce initiated the administrative review of the Order for the 
period of August 1, 2019, to July 31, 2020.\2\ On November 23, 2020, 
Commerce selected Angel Camacho Alimentacion, S.L. (Angel Camacho) and 
Agro Sevilla Aceitunas S.Coop. Andalusia (Agro Sevilla) as the 
mandatory respondents in the administrative review.\3\ On April 5, 
2021, Commerce extended the deadline for issuance of the preliminary 
results of this review by 120 days, until August 31, 2021, in 
accordance with 19 CFR 351.213(h)(2).\4\
---------------------------------------------------------------------------

    \1\ See Ripe Olives from Spain: Antidumping Duty Order, 83 FR 
37465 (August 1, 2018) (Order); see also Ripe Olives from Spain: 
Notice of Correction to Antidumping Duty Order, 83 FR 39691 (August 
10, 2018) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 63081 (October 6, 2020).
    \3\ See Memorandum, ``Ripe Olives from Spain: Respondent 
Selection,'' dated November 23, 2020.
    \4\ See Memorandum, ``Ripe Olives from Spain: Extension of 
Deadline for Preliminary Results of Antidumping Duty Administrative 
Review; 2019-2020,'' dated April 5, 2021.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the Order are ripe olives. For a 
complete description of the scope of this Order, see the Preliminary 
Decision Memorandum.\5\
---------------------------------------------------------------------------

    \5\ See Memorandum, ``Ripe Olives from Spain: Decision 
Memorandum for Preliminary Results of Antidumping Duty 
Administrative Review; 2019-2020,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(2) of the Act. Export price and constructed export price are 
calculated in accordance with section 772 of the Act. Normal value is 
calculated in accordance with section 773 of the Act. For a full 
description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum. The Preliminary Decision Memorandum is 
a public document and is made available to the public 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 found at https://enforcement.trade.gov/frn/. A list of the topics discussed in 
the Preliminary Decision Memorandum is attached as an appendix to this 
notice.

Rates for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
examination when Commerce limits its examination in an administrative 
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce 
looks to section 735(c)(5) of the Act, which provides instructions for 
calculating the all-others rate in a market economy investigation, for 
guidance when calculating the rate for companies which were not 
selected for individual examination in an administrative review. Under 
section 735(c)(5)(A) of the Act, the all-others rate is normally ``an 
amount equal to the weighted average of the estimated weighted-average 
dumping margins established for exporters and producers individually 
investigated, excluding any zero or de minimis margins, and any margins 
determined entirely {on the basis of facts available{time} .'' In this 
review, we preliminarily calculated weighted-average dumping margins 
for the two mandatory respondents, Angel Camacho and Agro Sevilla, that 
are not zero, de minimis, or determined entirely on the basis of facts 
available. Accordingly, Commerce preliminarily assigned to the 
companies not individually examined, listed in the chart below, a 
margin of 2.75 percent which is the weighted average of Angel Camacho's 
and Agro Sevilla's calculated weighted-average margins.\6\
---------------------------------------------------------------------------

    \6\ For more information regarding the calculation of this 
margin, see Memorandum, ``Ripe Olives from Spain: Calculation of the 
Preliminary Margin for Respondents Not Selected for Individual 
Examination,'' dated concurrently with this notice. As the weighting 
factor, we relied on the publicly ranged sales data reported in the 
quantity and value charts submitted by Angel Camacho and Agro 
Sevilla.
---------------------------------------------------------------------------

Preliminary Results of Review

    We preliminarily determine that the following weighted-average 
dumping margins exist for the period August 1, 2019, through July 31, 
2020:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Agro Sevilla Aceitunas S.COOP Andalusia.....................        1.48
Angel Camacho Alimentacion S.L..............................        4.31
------------------------------------------------------------------------

    Review-Specific Weighted-Average Rate Applicable to the Following 
Companies:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Aceitunas Guadalquivir, S.L.................................        2.75
Alimentary Group Dcoop S. Coop. And.........................        2.75
Internacional Olivarera, S.A................................        2.75
------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose the calculations performed to parties within 
five days after public announcement of the preliminary results.\7\ 
Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs no later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed not later than seven days after the date

[[Page 50053]]

for filing case briefs.\8\ Commerce modified certain of its 
requirements for serving documents containing business proprietary 
information until further notice.\9\ Parties who submit case briefs or 
rebuttal briefs in this proceeding 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.\10\
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.224(b).
    \8\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 (March 
26, 2020) (``To provide adequate time for release of case briefs via 
ACCESS, E&C intends to schedule the due date for all rebuttal briefs 
to be 7 days after case briefs are filed (while these modifications 
remain in effect).'').
    \9\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).
    \10\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    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. Requests should contain: (1) The party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs. An electronically filed 
hearing request must be received successfully in its entirety by 
Commerce's electronic records system, ACCESS, by 5:00 p.m. Eastern Time 
within 30 days after the date of publication of this notice.
    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of the issues raised in 
any written briefs, not later than 120 days after the date of 
publication of this notice, unless extended, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Assessment Rates

    Upon completion of the final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries. If either of the respondents' 
weighted-average dumping margin is not zero or de minimis (i.e., less 
than 0.50 percent) in the final results of this review, we intend to 
calculate an importer-specific assessment rate based on the ratio of 
the total amount of dumping calculated for each importer's examined 
sales and the total entered value of those same sales in accordance 
with 19 CFR 351.212(b)(1).\11\ If either of the respondents' weighted-
average dumping margin or an importer-specific assessment rate is zero 
or de minimis in the final results of review, we intend to instruct CBP 
not to assess duties on any entries in accordance with the Final 
Modification for Reviews.\12\ The final results of this administrative 
review shall be the basis for the assessment of antidumping duties on 
entries of merchandise covered by the final results of this review and 
for future deposits of estimated duties, where applicable.\13\
---------------------------------------------------------------------------

    \11\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
    \12\ Id. at 8102-03; see also 19 CFR 351.106(c)(2).
    \13\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------

    For entries of subject merchandise during the POR produced by 
either of the individually examined respondents for which they did not 
know that the merchandise was destined to 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.\14\
---------------------------------------------------------------------------

    \14\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    For the companies identified above that were not selected for 
individual examination, we will instruct CBP to liquidate entries at 
the rates established after the completion of the final results of 
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

    The following cash deposit requirements will be effective upon 
publication in the Federal Register of the notice of final results of 
administrative review for all shipments of olives from Spain 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 rate for companies subject to this review will be equal to the 
company-specific weighted-average dumping margin established in the 
final results of the review; (2) for merchandise exported by a company 
not covered in this review but covered in a prior 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 is, 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 be the all-
others rate established in the less-than-fair-value investigation for 
this proceeding, 19.98 percent.\15\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

    \15\ See Ripe Olives from Spain: Final Affirmative Determination 
of Sales at Less Than Fair Value, 83 FR 28193 (June 18, 2018).
---------------------------------------------------------------------------

Notification to Importers

    This notice serves as a preliminary 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 review period. 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 to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221.

    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. Rate for the Respondents Not Selected for Individual Examination
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2021-19258 Filed 9-3-21; 8:45 am]
 BILLING CODE 3510-DS-P