Ripe Olives From Spain: Final Results of Countervailing Duty Administrative Review; 2019, 13970-13971 [2022-05212]
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Federal Register / Vol. 87, No. 48 / Friday, March 11, 2022 / Notices
have not received their own rate, the
cash deposit rate will be the rate
applicable to the China exporter that
supplied that non-China exporter. The
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers Regarding the
Reimbursement of Duties
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 POR entries.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
antidumping duties.
Notification Regarding Administrative
Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under an 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
sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i) of the Act and 19
CFR 351.221(b)(5).
Dated: March 7, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
lotter on DSK11XQN23PROD with NOTICES1
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
VI. Recommendation
[FR Doc. 2022–05210 Filed 3–10–22; 8:45 am]
BILLING CODE 3510–DS–P
VerDate Sep<11>2014
17:10 Mar 10, 2022
Jkt 256001
DEPARTMENT OF COMMERCE
International Trade Administration
[C–469–818]
Ripe Olives From Spain: Final Results
of Countervailing Duty Administrative
Review; 2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that certain
producers/exporters of ripe olives from
Spain received countervailable
subsidies during the period of review
(POR), January 1, 2019, through
December 31, 2019.
DATES: Applicable March 11, 2022.
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 and (202) 482–5075,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce published the Preliminary
Results of this review on September 7,
2021, and invited comments from
interested parties.1 On December 6,
2021, Commerce extended the deadline
for the final results of this
administrative review until March 4,
2022.2 For a complete description of the
events that occurred since the
Preliminary Results, see the Issues and
Decision Memorandum.3
Scope of the Order
The products covered by the order are
ripe olives from Spain. For a complete
description of the scope of this order,
see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised by the interested
parties in their case and rebuttal briefs
are addressed in the Issues and Decision
1 See Ripe Olives from Spain: Preliminary Results
of Countervailing Duty Administrative Review;
2019, 86 FR 50022 (September 7, 2021) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum.
2 See Memorandum, ‘‘Ripe Olives from Spain:
Extension of Deadline for Final Results of
Countervailing Duty Administrative Review; 2019,’’
dated December 6, 2021.
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Countervailing Duty Administrative Review of Ripe
Olives from Spain; 2017–2018,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
Memorandum. A list of these issues is
identified 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 CVD
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://access.trade.gov/public/
FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on the comments received from
interested parties, we revised the
calculation of the net countervailable
subsidy rates for the respondents: Agro
Sevilla Aceitunas S.COOP Andalusia
(Agro Sevilla) and Angel Camacho
Alimentacion S.L. (Camacho). For a
discussion of these issues, see the Issues
and Decision Memorandum.
Methodology
Commerce conducted this 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 to be countervailable, we
determine that there is a subsidy, i.e., a
government-provided financial
contribution that gives rise to a benefit
to the recipient, and that the subsidy is
specific.4 The Issues and Decision
Memorandum contains a full
description of the methodology
underlying Commerce’s conclusions,
including any determination that relied
upon the use of facts otherwise
available, including, adverse facts
available, pursuant to sections 776(a)
and (b) of the Act.
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
and Camacho, were above de minimis
and not based entirely on facts
available, we are applying to the nonselected 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
4 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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Federal Register / Vol. 87, No. 48 / Friday, March 11, 2022 / Notices
by Agro Sevilla and Camacho.5 This
methodology to establish the all-others
subsidy rate is consistent with our
practice and section 705(c)(5)(A) of the
Act.
Final Results of Review
We determine the following net
countervailable subsidy rates for the
POR January 1, 2019, through December
31, 2019:
earlier than 35 days after the date of this
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)(1)
Exporter/producer
of the Act, Commerce also intends to
instruct CBP to collect cash deposits of
estimated countervailing duties in the
Agro Sevilla Aceitunas
S.Coop And .......................
4.98 amounts shown above for the aboveAngel Camacho
listed companies with regard to
Alimentacion S.L. and its
shipments of subject merchandise
cross-owned affiliates 6 .....
2.43 entered, or withdrawn from warehouse,
for consumption on or after the date of
Review-Specific Average Rate Applicable
publication of these final results of
to the Following Companies 7
review. For all non-reviewed firms, CBP
Aceitunas Guadalquivir, S.L
3.76 will continue to collect cash deposits of
Alimentary Group Dcoop S.
estimated countervailing duties at the
Coop. And .........................
3.76 most recent company-specific or allInternacional Olivarera, S.A
3.76 others rate applicable to the company,
as appropriate. These cash deposit
Disclosure
requirements, when imposed, shall
remain in effect until further notice.
We intend to disclose to interested
parties the calculations and analysis
Administrative Protective Order
performed in the final results of this
This notice serves as a final reminder
review within five days of the date of
publication of this notice in accordance to parties subject to administrative
protective order (APO) of their
with 19 CFR 351.224(b).
responsibility concerning the
Assessment
destruction of proprietary information
disclosed under APO in accordance
In accordance with section
with 19 CFR 351.305(a)(3). Timely
751(a)(2)(C) of the Act and 19 CFR
written notification of return or
351.212(b)(2), Commerce shall
destruction of APO materials or
determine, and CBP shall assess,
countervailing duties on all appropriate conversion to judicial protective order is
hereby requested. Failure to comply
entries covered by this review.
with the regulations and the terms of an
Commerce intends to issue appropriate
assessment instructions to CBP no
APO is sanctionable violation.
lotter on DSK11XQN23PROD with NOTICES1
Subsidy rate
(percent
ad valorem)
5 With two respondents under examination,
Commerce normally calculates (A) a weightedaverage 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).
6 Commerce found the following companies to be
cross-owned with Angel Camacho Alimentacio´n,
S.L.: Grupo Angel Camacho, S.L., Cuarterola S.L.,
and Cucanoche S.L.
7 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.
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17:10 Mar 10, 2022
Jkt 256001
Notification to Interested Parties
These final results are issued and
published in accordance with sections
751(a)(1) and 777(i) of the Act and 19
CFR 351.221(b)(5).
Dated: March 4, 2022.
Lisa W. Wang,
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. Non-Selected Companies Under Review
V. Subsidies Valuation
VI. Use of Facts Otherwise Available and
Adverse Inferences
VII. Analysis of Programs
VIII. Analysis of Comments
Comment 1: Whether Commerce Properly
Interpreted and Applied the Standard
Established by Section 771B(1) of the Act
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13971
for Determining ‘‘Substantially
Dependent’’ Demand
Comment 2: Whether the EU CAP Pillar I—
BPS is De Jure Specific
Comment 3: Whether Loans From the
European Investment Bank (EIB) are
Countervailable
Comment 4: Whether Loans From the
European Investment Fund (EIF) are
Countervailable
Comment 5: Whether Commerce Should
Adjust its Calculations for Purchases of
Molinos
Comment 6: Whether Commerce Should
Base its Final Subsidy Rates for Camacho
and Agro Sevilla on Adverse Facts
Available (AFA)
Comment 7: Whether Commerce Should
Use Partial AFA in the Per-Kilogram
(KG) Benefit Calculation of Certain
Growers
Comment 8: Whether Commerce Should
Assign Dcoop its Company-Specific Rate
From the First Administrative Review as
the Rate for This Administrative Review
Comment 9: Whether Commerce Should
Correct Certain Errors in its Calculations
IX. Recommendation
[FR Doc. 2022–05212 Filed 3–10–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
[Docket No. ITA–2022–0001]
RIN 0605–XC047
Request for Comments on the IndoPacific Economic Framework
Department of Commerce.
Request for comments.
AGENCY:
ACTION:
On October 27, 2021,
President Joseph R. Biden announced
that the United States would explore the
development of an Indo-Pacific
Economic Framework to deepen
economic relations in the Indo-Pacific
region and coordinate approaches to
addressing global economic challenges.
The Secretary of Commerce and the
United States Trade Representative will
co-chair the U.S. team leading the
negotiations of the framework. The
United States Trade Representative will
lead the Framework’s pillar on fair and
resilient trade, and the Department of
Commerce will lead the Framework’s
pillars on: (1) Supply chain resilience;
(2) infrastructure, clean energy, and
decarbonization; and (3) tax and anticorruption. Accordingly, the
Department of Commerce is seeking
public comments on key areas of
interest, including: Digital and emerging
technologies; supply chain resilience;
infrastructure, decarbonization, and
clean energy; and tax and anticorruption. This notice requests
comments and information from the
public to assist the Secretary of
SUMMARY:
E:\FR\FM\11MRN1.SGM
11MRN1
]]>Agencies
[Federal Register Volume 87, Number 48 (Friday, March 11, 2022)]
[Notices]
[Pages 13970-13971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05212]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-469-818]
Ripe Olives From Spain: Final Results of Countervailing Duty
Administrative Review; 2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that certain
producers/exporters of ripe olives from Spain received countervailable
subsidies during the period of review (POR), January 1, 2019, through
December 31, 2019.
DATES: Applicable March 11, 2022.
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 and (202) 482-5075,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this review on
September 7, 2021, and invited comments from interested parties.\1\ On
December 6, 2021, Commerce extended the deadline for the final results
of this administrative review until March 4, 2022.\2\ For a complete
description of the events that occurred since the Preliminary Results,
see the Issues and Decision Memorandum.\3\
---------------------------------------------------------------------------
\1\ See Ripe Olives from Spain: Preliminary Results of
Countervailing Duty Administrative Review; 2019, 86 FR 50022
(September 7, 2021) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Ripe Olives from Spain: Extension of
Deadline for Final Results of Countervailing Duty Administrative
Review; 2019,'' dated December 6, 2021.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Ripe Olives from Spain; 2017-2018,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the order are ripe olives from Spain. For a
complete description of the scope of this order, see the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised by the interested parties in their case and
rebuttal briefs are addressed in the Issues and Decision Memorandum. A
list of these issues is identified 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 CVD
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://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on the comments received from interested parties, we revised
the calculation of the net countervailable subsidy rates for the
respondents: Agro Sevilla Aceitunas S.COOP Andalusia (Agro Sevilla) and
Angel Camacho Alimentacion S.L. (Camacho). For a discussion of these
issues, see the Issues and Decision Memorandum.
Methodology
Commerce conducted this 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 to be countervailable, we determine that
there is a subsidy, i.e., a government-provided financial contribution
that gives rise to a benefit to the recipient, and that the subsidy is
specific.\4\ The Issues and Decision Memorandum contains a full
description of the methodology underlying Commerce's conclusions,
including any determination that relied upon the use of facts otherwise
available, including, adverse facts available, pursuant to sections
776(a) and (b) of the Act.
---------------------------------------------------------------------------
\4\ 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.
---------------------------------------------------------------------------
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 and 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
[[Page 13971]]
by Agro Sevilla and Camacho.\5\ This methodology to establish the all-
others subsidy rate is consistent with our practice and section
705(c)(5)(A) of the Act.
---------------------------------------------------------------------------
\5\ 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).
---------------------------------------------------------------------------
Final Results of Review
We determine the following net countervailable subsidy rates for
the POR January 1, 2019, through December 31, 2019:
------------------------------------------------------------------------
Subsidy rate
Exporter/producer (percent ad
valorem)
------------------------------------------------------------------------
Agro Sevilla Aceitunas S.Coop And....................... 4.98
Angel Camacho Alimentacion S.L. and its cross-owned 2.43
affiliates \6\.........................................
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies \7\
------------------------------------------------------------------------
Aceitunas Guadalquivir, S.L............................. 3.76
Alimentary Group Dcoop S. Coop. And..................... 3.76
Internacional Olivarera, S.A............................ 3.76
------------------------------------------------------------------------
Disclosure
We intend to disclose to interested parties the calculations and
analysis performed in the final results of this review within five days
of the date of publication of this notice in accordance with 19 CFR
351.224(b).
---------------------------------------------------------------------------
\6\ 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.
\7\ 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.
---------------------------------------------------------------------------
Assessment
In accordance with section 751(a)(2)(C) 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 appropriate assessment instructions
to CBP no earlier than 35 days after the date of this 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)(1) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amounts shown above for the above-listed
companies with regard to shipments of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of these final results of review. For all non-reviewed
firms, CBP will continue to collect cash deposits of estimated
countervailing duties at the most recent company-specific or all-others
rate applicable to the company, as appropriate. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
Administrative Protective Order
This notice serves as a final reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is sanctionable violation.
Notification to Interested Parties
These final results are issued and published in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5).
Dated: March 4, 2022.
Lisa W. Wang,
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. Non-Selected Companies Under Review
V. Subsidies Valuation
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Analysis of Programs
VIII. Analysis of Comments
Comment 1: Whether Commerce Properly Interpreted and Applied the
Standard Established by Section 771B(1) of the Act for Determining
``Substantially Dependent'' Demand
Comment 2: Whether the EU CAP Pillar I--BPS is De Jure Specific
Comment 3: Whether Loans From the European Investment Bank (EIB)
are Countervailable
Comment 4: Whether Loans From the European Investment Fund (EIF)
are Countervailable
Comment 5: Whether Commerce Should Adjust its Calculations for
Purchases of Molinos
Comment 6: Whether Commerce Should Base its Final Subsidy Rates
for Camacho and Agro Sevilla on Adverse Facts Available (AFA)
Comment 7: Whether Commerce Should Use Partial AFA in the Per-
Kilogram (KG) Benefit Calculation of Certain Growers
Comment 8: Whether Commerce Should Assign Dcoop its Company-
Specific Rate From the First Administrative Review as the Rate for
This Administrative Review
Comment 9: Whether Commerce Should Correct Certain Errors in its
Calculations
IX. Recommendation
[FR Doc. 2022-05212 Filed 3-10-22; 8:45 am]
BILLING CODE 3510-DS-P
