Ripe Olives From Spain: Final Results of Antidumping Duty Administrative Review; 2019-2020, 73740-73741 [2021-28173]

Download as PDF 73740 Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Notices otherwise specified by Commerce.13 In general, an extension request will be considered untimely if it is filed after the time limit established under Part 351 expires. For submissions which are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. on the due date. Examples include, but are not limited to: (1) Case and rebuttal briefs, filed pursuant to 19 CFR 351.309; (2) factual information to value factors under 19 CFR 351.408(c), or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2), filed pursuant to 19 CFR 351.301(c)(3) and rebuttal, clarification and correction filed pursuant to 19 CFR 351.301(c)(3)(iv); (3) comments concerning the selection of a surrogate country and surrogate values and rebuttal; (4) comments concerning CBP data; and (5) Q&V questionnaires. Under certain circumstances, Commerce may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, Commerce will inform parties in the letter or memorandum setting forth the deadline (including a specified time) by which extension requests must be filed to be considered timely. This policy also requires that an extension request must be made in a separate, stand-alone submission, and clarifies the circumstances under which Commerce will grant untimely-filed requests for the extension of time limits. Please review the Final Rule, available at https:// www.gpo.gov/fdsys/pkg/FR-2013-09-20/ html/2013-22853.htm, prior to submitting factual information in these segments. These initiations and this notice are in accordance with section 751(a) of the Act (19 U.S.C. 1675(a)) and 19 CFR 351.221(c)(1)(i). Dated: December 21, 2021. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2021–28172 Filed 12–27–21; 8:45 am] khammond on DSKJM1Z7X2PROD with NOTICES BILLING CODE 3510–DS–P 13 See 19 CFR 351.302. VerDate Sep<11>2014 22:45 Dec 27, 2021 Jkt 256001 DEPARTMENT OF COMMERCE International Trade Administration [A–469–817] Ripe Olives From Spain: Final Results of Antidumping Duty Administrative Review; 2019–2020 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) August 1, 2019, through July 31, 2020. DATES: Applicable December 28, 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 and 202–482–5166, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On September 7, 2021, Commerce published the Preliminary Results of the 2019–2020 administrative review of the antidumping duty order on ripe olives from Spain.1 This administrative review covers five producers or exporters of the subject merchandise including the two mandatory respondents, Agro Sevilla Aceitunas S.Coop. And. (Agro Sevilla) and Angel Camacho Alimentacion S.L. (Angel Camacho). We invited interested parties to comment on the Preliminary Results. On October 8, 2021, we received case briefs from the domestic interested party, Musco Family Olive Company (Musco) and from the mandatory respondents, Agro Sevilla and Angel Camacho.2 On October 19, 2021, Musco, Agro Sevilla, and Angel Camacho submitted rebuttal briefs.3 1 See Ripe Olives from Spain: Preliminary Results of Antidumping Duty Administrative Review; 2019– 2020, 86 FR 50052 (September 7, 2021) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). 2 See Musco’s Letters, ‘‘Ripe Olives from Spain; 2nd Administrative Review Musco Case Brief Concerning Agro Sevilla,’’ dated October 8, 2021; and ‘‘Ripe Olives from Spain; 2nd Administrative Review Musco Case Brief Concerning Camacho,’’ dated October 8, 2021; see also Agro Sevilla’s Letter, ‘‘Agro Sevilla’s Case Brief: Ripe Olives from Spain (08/01/2019–07/31/2020),’’ dated October 8, 2021; and Angel Camacho’s Letter, ‘‘Camacho’s Case Brief: Ripe Olives from Spain (08/01/2019–07/ 31/2020),’’ dated October 8, 2021. 3 See Musco’s Letters, ‘‘Ripe Olives from Spain; 2nd Administrative Review Musco Rebuttal Brief PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 Commerce conducted this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). Scope of the Order The merchandise subject to the Order 4 are ripe olives. A full description of the scope of the order is contained in the Issues and Decision Memorandum.5 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 and are listed in the 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 at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Changes Since the Preliminary Results Based on the comments received from interested parties regarding our Preliminary Results, and for the reasons explained in in the Issues and Decision memorandum, we made certain changes for the final results of review. Final Results of the Administrative Review We determine that the following weighted-average dumping margins exist for the period August 1, 2019, through July 31, 2020: Concerning Agro Sevilla,’’ dated October 19, 2021; and ‘‘Ripe Olives from Spain; 2nd Administrative Review Musco Rebuttal Brief Concerning Camacho,’’ dated October 19, 2021; see also Agro Sevilla’s Letter, ‘‘Agro Sevilla’s Rebuttal Brief: Ripe Olives from Spain (08/01/2019–07/31/2020),’’ dated October 19, 2021; and Angel Camacho’s Letter, ‘‘Rebuttal Brief of Angel Camacho Alimentacion, S.L.: Ripe Olives from Spain (08/01/2019–07/31/ 2020),’’ dated October 19, 2021. 4 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). 5 See Memorandum, ‘‘Ripe Olives from Spain: Issues and Decision Memorandum for the Final Results of Antidumping Duty Administrative Review; 2019–2020,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). E:\FR\FM\28DEN1.SGM 28DEN1 Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Notices Weightedaverage dumping margin (percent) Producer/exporter Agro Sevilla Aceitunas S.Coop. And .... Angel Camacho Alimentacion S.L ........ 2.78 4.51 Review-Specific Weighted-Average Rate Applicable to the Following Companies Aceitunas Guadalquivir, S.L .................. Alimentary Group Dcoop S. Coop. And Internacional Olivarera, S.A .................. 3.56 3.56 3.56 Disclosure We intend to disclose the calculations performed in connection with these final results to parties in this proceeding within five days after public announcement 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 and Angel Camacho 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 importerspecific assessment rate is de minimis (i.e., less than 0.5 percent), the entries by that importer will be liquidated without regard to antidumping duties. For entries of subject merchandise during the POR produced by either of the individually examined respondents 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 allothers rate if there is no rate for the intermediate company(ies) involved in the transaction.7 For the companies identified above that were not selected for individual examination, we will instruct CBP to liquidate entries at the rates established in these 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 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 company-specific 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 companyspecific 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.8 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers khammond on DSKJM1Z7X2PROD with NOTICES 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). 7 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). VerDate Sep<11>2014 22:45 Dec 27, 2021 Jkt 256001 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 8 See Ripe Olives from Spain: Antidumping Duty Order, 83 FR 37465 (August 1, 2018). PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 73741 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 sactionable violation. 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: December 21, 2021. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. 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: Standard Cost Comment 2: Major-Input Rule Adjustment Comment 3: Indirect Selling Expenses Ratio Comment 4: Constructed Export Price Offset Angel Camacho Comment 5: Adjustment for Raw Material Purchases Comment 6: Indirect Selling Expenses Ratio Comment 7: U.S. Sales Rebates VI. Recommendation [FR Doc. 2021–28173 Filed 12–27–21; 8:45 am] BILLING CODE 3510–DS–P E:\FR\FM\28DEN1.SGM 28DEN1

Agencies

[Federal Register Volume 86, Number 246 (Tuesday, December 28, 2021)]
[Notices]
[Pages 73740-73741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28173]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-817]


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

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) August 1, 2019, through July 31, 2020.

DATES: Applicable December 28, 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 and 202-482-
5166, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 7, 2021, Commerce published the Preliminary Results of 
the 2019-2020 administrative review of the antidumping duty order on 
ripe olives from Spain.\1\ This administrative review covers five 
producers or exporters of the subject merchandise including the two 
mandatory respondents, Agro Sevilla Aceitunas S.Coop. And. (Agro 
Sevilla) and Angel Camacho Alimentacion S.L. (Angel Camacho). We 
invited interested parties to comment on the Preliminary Results. On 
October 8, 2021, we received case briefs from the domestic interested 
party, Musco Family Olive Company (Musco) and from the mandatory 
respondents, Agro Sevilla and Angel Camacho.\2\ On October 19, 2021, 
Musco, Agro Sevilla, and Angel Camacho submitted rebuttal briefs.\3\ 
Commerce conducted this review in accordance with section 751(a)(1)(B) 
of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------

    \1\ See Ripe Olives from Spain: Preliminary Results of 
Antidumping Duty Administrative Review; 2019-2020, 86 FR 50052 
(September 7, 2021) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ See Musco's Letters, ``Ripe Olives from Spain; 2nd 
Administrative Review Musco Case Brief Concerning Agro Sevilla,'' 
dated October 8, 2021; and ``Ripe Olives from Spain; 2nd 
Administrative Review Musco Case Brief Concerning Camacho,'' dated 
October 8, 2021; see also Agro Sevilla's Letter, ``Agro Sevilla's 
Case Brief: Ripe Olives from Spain (08/01/2019-07/31/2020),'' dated 
October 8, 2021; and Angel Camacho's Letter, ``Camacho's Case Brief: 
Ripe Olives from Spain (08/01/2019-07/31/2020),'' dated October 8, 
2021.
    \3\ See Musco's Letters, ``Ripe Olives from Spain; 2nd 
Administrative Review Musco Rebuttal Brief Concerning Agro 
Sevilla,'' dated October 19, 2021; and ``Ripe Olives from Spain; 2nd 
Administrative Review Musco Rebuttal Brief Concerning Camacho,'' 
dated October 19, 2021; see also Agro Sevilla's Letter, ``Agro 
Sevilla's Rebuttal Brief: Ripe Olives from Spain (08/01/2019-07/31/
2020),'' dated October 19, 2021; and Angel Camacho's Letter, 
``Rebuttal Brief of Angel Camacho Alimentacion, S.L.: Ripe Olives 
from Spain (08/01/2019-07/31/2020),'' dated October 19, 2021.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the Order 4 are ripe olives. 
A full description of the scope of the order is contained in the Issues 
and Decision Memorandum.\5\
---------------------------------------------------------------------------

    \4\ 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).
    \5\ See Memorandum, ``Ripe Olives from Spain: Issues and 
Decision Memorandum for the Final Results of Antidumping Duty 
Administrative Review; 2019-2020,'' dated concurrently with, and 
hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

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 and are listed in the 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 at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on the comments received from interested parties regarding 
our Preliminary Results, and for the reasons explained in in the Issues 
and Decision memorandum, we made certain changes for the final results 
of review.

Final Results of the Administrative Review

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

[[Page 73741]]



------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Agro Sevilla Aceitunas S.Coop. And..........................        2.78
Angel Camacho Alimentacion S.L..............................        4.51
------------------------------------------------------------------------
    Review-Specific Weighted-Average Rate Applicable to the Following
                                Companies
------------------------------------------------------------------------
Aceitunas Guadalquivir, S.L.................................        3.56
Alimentary Group Dcoop S. Coop. And.........................        3.56
Internacional Olivarera, S.A................................        3.56
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed in connection with 
these final results to parties in this proceeding within five days 
after public announcement 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 and Angel Camacho 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 without regard to antidumping duties.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    For entries of subject merchandise during the POR produced by 
either of the individually examined respondents 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\
---------------------------------------------------------------------------

    \7\ 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 in these 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 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 company-specific 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.\8\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

    \8\ See Ripe Olives from Spain: Antidumping Duty Order, 83 FR 
37465 (August 1, 2018).
---------------------------------------------------------------------------

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 sactionable violation.

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: December 21, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

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: Standard Cost
    Comment 2: Major-Input Rule Adjustment
    Comment 3: Indirect Selling Expenses Ratio
    Comment 4: Constructed Export Price Offset
    Angel Camacho
    Comment 5: Adjustment for Raw Material Purchases
    Comment 6: Indirect Selling Expenses Ratio
    Comment 7: U.S. Sales Rebates
VI. Recommendation

[FR Doc. 2021-28173 Filed 12-27-21; 8:45 am]
BILLING CODE 3510-DS-P