Ripe Olives From Spain: Preliminary Results of Countervailing Duty Administrative Review; 2020, 54460-54462 [2022-19198]
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54460
Federal Register / Vol. 87, No. 171 / Tuesday, September 6, 2022 / Notices
argument; and (3) a table of authorities.
Note that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information, until further
notice.17
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain: (1) the party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
the issues to be discussed. If a request
for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. Parties should
confirm by telephone the date and time
of the hearing two days before the
scheduled date.
Notification to Interested Parties
This determination is issued and
published in accordance with section
781(c) of the Act and 19 CFR 351.225(i).
U.S. International Trade Commission
Notification
DEPARTMENT OF COMMERCE
Scope of the Order
International Trade Administration
Consistent with section 781(e) of the
Act, Commerce has notified the U.S.
International Trade Commission (ITC) of
this preliminary determination to
include the merchandise subject to
these circumvention inquiries within
the Orders. Pursuant to section 781(e) of
the Act, the ITC may request
consultations concerning Commerce’s
proposed inclusion of the inquiry
merchandise. If, after consultations, the
ITC believes that a significant injury
issue is presented by the proposed
inclusion, it will have 60 days from the
date of notification by Commerce to
provide written advice.
[C–469–818]
The products covered by the Order
are ripe olives from Spain. For a
complete description of the scope of the
Order, see the Preliminary Decision
Memorandum.5
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Final Determinations
According to section 781(f) of the Act,
Commerce shall, to the maximum extent
practicable, make its anti-circumvention
determination within 300 days from the
date of the initiation of the inquiry.18
Due to the complicated nature of these
anti-circumvention inquiries, we are
hereby extending the deadline for the
final determinations of these anticircumvention inquiries by 73 days.
Therefore, Commerce intends to issue
the final determinations of these anticircumvention inquiries to December 2,
2022.
17 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
18 See also 19 CFR 351.225(f)(iii)(5) (explaining
that Commerce will issue a final anticircumvention
ruling ‘‘normally within 300 days from the date of
the initiation of the . . . inquiry’’).
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Dated: August 26, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the
Circumvention Inquiries
V. Statutory and Regulatory Framework
VI. Use of Facts Available and Adverse
Inferences
VII. Circumvention Determinations
VIII. Country-Wide Determination
IX. Recommendation
[FR Doc. 2022–19124 Filed 9–2–22; 8:45 am]
BILLING CODE 3510–DS–P
Ripe Olives From Spain: Preliminary
Results of Countervailing Duty
Administrative Review; 2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. 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, 2020, through December 31,
2020. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable September 6, 2022.
FOR FURTHER INFORMATION CONTACT:
Mary Kolberg or Theodore Pearson, 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) 482–2631,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 1, 2018, Commerce
published in the Federal Register the
countervailing duty (CVD) order on ripe
olives from Spain.1 On October 7, 2021,
1 See Ripe Olives from Spain: Amended Final
Affirmative Countervailing Duty Determination and
Countervailing Duty Order, 83 FR 37469 (August 1,
2018) (Order).
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Sfmt 4703
Commerce published the notice of
initiation of an administrative review of
the Order.2 On March 29, 2022,
Commerce extended the deadline for the
preliminary results of this review by 120
days until August 31, 2022.3 For a
complete description of the events that
followed the initiation of this review,
see the Preliminary Decision
Memorandum.4 A list of topics
discussed in the Preliminary Decision
Memorandum is included as the
appendix to this notice. 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://access.trade.gov/public/
FRNoticesListLayout.aspx.
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 to
be 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).6 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.
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
55811 (October 7, 2021).
3 See Memorandum, ‘‘Ripe Olives from Spain:
Extension of Deadline for Preliminary Results of
Countervailing Duty Administrative Review; 2020,’’
dated March 29, 2022.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2020 Countervailing
Duty Administrative Review of Ripe Olives from
Spain,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
5 Id.
6 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. 171 / Tuesday, September 6, 2022 / Notices
Preliminary Rate for Non-Selected
Companies Under Review
Producer/exporter
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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 Alimentacio´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.7 This methodology to
establish the all-others subsidy rate is
consistent with our practice and section
705(c)(5)(A) of the Act which governs
the calculation of the all-others rate in
an investigation. For further information
on the calculation of the non-selected
respondent rate, see the section in the
Preliminary Decision Memorandum
entitled ‘‘Non-Selected Company Rate.’’
Subsidy rate
(percent
ad valorem)
54461
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
Assessment Rates
Review-Specific Average Rate Applicable
to the Following Companies 9
In accordance with 19 CFR
351.221(b)(4)(i), we preliminarily
Aceitunas Guadalquivir, S.L
6.68 determined subsidy rates in the
Alimentary Group Dcoop S.
amounts shown above for the producer/
Coop. And .........................
6.68
Aceitunas Torrent, S.L ..........
6.68 exporters shown above. Upon
completion of the administrative
review, consistent with section 751(a)(1)
Verification
of the Act and 19 CFR 351.212(b)(2),
As provided in section 782(i)(3) of the
Commerce shall determine, and CBP
Act, Commerce intends to verify the
shall assess, CVDs on all appropriate
information relied upon in its final
entries covered by this review. We
results of review.
intend to issue assessment instructions
Disclosure and Public Comment
to CBP no earlier than 35 days after the
date of publication of the final results of
We will disclose to parties in this
this review in the Federal Register. If a
review the calculations performed for
timely summons is filed at the U.S.
these preliminary results within five
days of the date of publication of this
Court of International Trade, the
notice.10 A timeline for the submission
assessment instructions will direct CBP
of case and rebuttal briefs and written
not to liquidate relevant entries until the
comments will be provided to interested time for parties to file a request for a
parties at a later date.11 Pursuant to 19
statutory injunction has expired (i.e.,
CFR 351.309(c)(2) and (d)(2), parties
within 90 days of publication).
who submit case briefs or rebuttal briefs
Cash Deposit Requirements
in this review are encouraged to submit
with each argument: (1) a statement of
In accordance with section
the issue; (2) a brief summary of the
751(a)(2)(C)
of the Act, Commerce also
Preliminary Results of Review
argument; and (3) a table of authorities.
intends upon publication of the final
All
briefs
must
be
filed
electronically
We preliminarily find the following
using ACCESS. Note that Commerce has results, to instruct CBP to collect cash
net countervailable subsidy rates exist
deposits of estimated CVDs in the
temporarily modified certain of its
for the period January 1, 2020, through
amounts calculated in the final results
requirements for serving documents
December 31, 2020:
of this review for the respective
containing business proprietary
companies listed above with regard to
information, until further notice.12
Subsidy rate
shipments of subject merchandise
Pursuant to 19 CFR 351.310(c),
Producer/exporter
(percent
ad valorem)
interested parties who wish to request a entered, or withdrawn from warehouse,
hearing must submit a written request to for consumption on or after the date of
Agro Sevilla Aceitunas
the Assistant Secretary for Enforcement
publication of the final results of this
S.Coop. And ......................
8.32
and Compliance, filed electronically via review. If the rate calculated in the final
Angel Camacho
ACCESS by 5 p.m. eastern time within
results is zero or de minimis, no cash
Alimentacio´n, S.L. and its
8
deposit will be required on shipments of
cross-owned affiliates .....
4.58 30 days after the date of publication of
this notice. Requests should contain the the subject merchandise entered or
party’s name, address, and telephone
withdrawn from warehouse, for
7 With two respondents under examination,
number, the number of participants,
consumption on or after the date of
Commerce normally calculates (A) a weightedwhether any participant is a foreign
publication of the final results of this
average of the estimated subsidy rates calculated for national, and a list of the issues to be
review.
the examined respondents; (B) a simple average of
discussed. Oral presentations at the
the estimated subsidy rates calculated for the
For all non-reviewed firms, CBP will
hearing will be limited to issues raised
examined respondents; and (C) a weighted-average
continue to collect cash deposits of
of the estimated subsidy rates calculated for the
in the briefs. If a request for a hearing
examined respondents using each company’s
estimated CVDs at the all-others rate or
is made, parties will be notified of the
publicly-ranged U.S. sale values for the
the most recent company-specific rate
date
and
time
for
the
hearing
to
be
merchandise under consideration. Commerce then
applicable to the company, as
determined.
compares (B) and (C) to (A) and selects the rate
appropriate. These cash deposit
closest to (A) as the most appropriate rate for all
Unless extended, we intend to issue
other producers and exporters. See, e.g., Ripe Olives the final results of this administrative
requirements, when imposed, shall
from Spain: Final Results of Countervailing Duty
review,
which
will
include
the
results
of
remain in effect until further notice.
Administrative Review; 2019, 48 FR 13970 (March
our analysis of the issues raised in the
11, 2022).
Notification to Interested Parties
8 As discussed in the Preliminary Decision
case briefs, no later than 120 days of
Memorandum, Commerce found the following
publication of these preliminary results
These preliminary results and notice
companies to be cross-owned with Angel Camacho
in the Federal Register, pursuant to
are issued and published in accordance
´
Alimentacion, S.L.: Grupo Angel Camacho, S.L.,
Cuarterola S.L., and Cucanoche S.L.
9 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
705(c)(5)(A) of the Act.
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20:04 Sep 02, 2022
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10 See
19 CFR 351.224(b).
11 See 19 CFR 351.309(c) and (d).
12 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
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Fmt 4703
Sfmt 4703
with sections 751(a) and 777(i)(1) of the
Act and 19 CFR 351.221(b)(4).
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54462
Federal Register / Vol. 87, No. 171 / Tuesday, September 6, 2022 / Notices
Dated: August 30, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
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. 2022–19198 Filed 9–2–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–074]
Common Alloy Aluminum Sheet From
the People’s Republic of China: Final
Results of Countervailing Duty
Administrative Review; 2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
common alloy aluminum sheet
(aluminum sheet), from the People’s
Republic of China (China) during the
period of review (POR) January 1, 2020,
through December 31, 2020.
DATES: Applicable September 6, 2022.
FOR FURTHER INFORMATION CONTACT:
Natasia Harrison or Harrison Tanchuck,
AD/CVD Operations, Office VI,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1240 or
(202) 482–7421, respectively.
SUPPLEMENTARY INFORMATION:
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AGENCY:
Background
Commerce published the Preliminary
Results of this administrative review in
the Federal Register on March 4, 2022,
and we invited comments from
interested parties.1 On April 8, 2022, we
received timely case briefs from the
following interested parties: Jiangsu
Alcha Aluminium Co., Ltd. (Jiangsu
1 See Common Alloy Aluminum Sheet from the
People’s Republic of China: Preliminary Results of
Countervailing Duty Administrative Review; 2020,
87 FR 12429 (March 4, 2022) (Preliminary Results),
and accompanying Preliminary Decision
Memorandum.
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20:04 Sep 02, 2022
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Alcha) and its affiliated trading
company Alcha International Holdings
Limited (Alcha International); 2 Yinbang
Clad Material Co., Ltd. (Yinbang Clad); 3
and the domestic industry.4 Jiangsu
Alcha and Alcha International, jointly,
and the domestic industry submitted
timely filed rebuttal briefs on April 22,
2022.5
On June 24, 2022, Commerce
extended the deadline for issuing these
final results to 180 days after the
publication date of the Preliminary
Results, until August 31, 2022.6
2 See Jiangsu Alcha and Alcha International’s
Letter, ‘‘Common Alloy Aluminum Sheet from the
People’s Republic of China: Case Brief,’’ dated April
8, 2022. The ‘‘Alcha Group’’ companies include
Jiangsu Alcha, Alcha International and Jiangsu
Alcha’s cross-owned affiliates Baotou Alcha
Aluminium Co., Ltd. (Baotou Alcha) and Jiangsu
Alcha New Energy Materials Co., Ltd. (Alcha
Materials). Jiangsu Alcha reported that, in 2018,
Jiangsu Alcha changed its name from ‘‘Jiangsu
Alcha Aluminium Co., Ltd.’’ to ‘‘Jiangsu Alcha
Aluminium Group Co., Ltd.’’ See Alcha Group’s
Letter, ‘‘Common Alloy Aluminum Sheet from the
People’s Republic of China: Alcha Group’s Initial
Questionnaire Response,’’ dated July 8, 2021, at 4.
See also Alcha Group’s Letter, ‘‘Common Alloy
Aluminum Sheet from the People’s Republic of
China: Alcha Group’s Sixth Supplemental
Questionnaire Response,’’ dated March 23, 2022
(Alcha Group 6SQR), at 1–4. After the Preliminary
Results, the Alcha Group explained the spelling
inconsistencies in Jiangsu Alcha and Baotou
Alcha’s company names throughout the record. For
example, the narrative portions of Alcha Group
responses and corresponding English translations of
Chinese-language exhibits referred to Jiangsu Alcha
as ‘‘Jiangsu Alcha Aluminium Co., Ltd.’’ and
‘‘Jiangsu Alcha Aluminium Group Co., Ltd.’’
interchangeably. These responses also referred to
Baotou Alcha as ‘‘Baotou Alcha Aluminum Co.,
Ltd.’’ and ‘‘Baotou Alcha Aluminium Co., Ltd.’’
interchangeably. According to Alcha Group 6SQR,
the official English company names are Jiangsu
Alcha Aluminium Group Co., Ltd., Alcha
International Holdings Limited, Baotou Alcha
Aluminium Co., Ltd. and Jiangsu Alcha New Energy
Materials Co., Ltd.
3 See Yinbang Clad’s Letter, ‘‘Common Alloy
Aluminum Sheet from the People’s Republic of
China: Yinbang’s Case Brief,’’ dated April 8, 2022.
4 See Domestic Industry’s Letter, ‘‘Common Alloy
Aluminum Sheet from the People’s Republic of
China: Domestic Industry’s Case Brief,’’ dated April
8, 2022. The domestic industry includes the
Aluminum Association Common Alloy Aluminum
Sheet Trade Enforcement Working Group and its
individual members (collectively, the domestic
industry). The individual members of the
Aluminum Association Common Alloy Aluminum
Sheet Trade Enforcement Working Group are:
Arconic Corporation; Commonwealth Rolled
Products, Inc.; Constellium Rolled Products
Ravenswood, LLC; Jupiter Aluminum Corporation;
JW Aluminum Company; and Novelis Corporation.
5 See Jiangsu Alcha and Alcha International’s
Letter, ‘‘Common Alloy Aluminum Sheet from the
People’s Republic of China: Rebuttal Brief,’’ dated
April 22, 2022; see also the Domestic Industry’s
Letter, ‘‘Common Alloy Aluminum Sheet from the
People’s Republic of China: Domestic Industry’s
Rebuttal Brief,’’ dated April 22, 2022.
6 See Memorandum, ‘‘Common Alloy Aluminum
Sheet from the People’s Republic of China:
Extension of Deadline for Final Results of
Countervailing Duty Administrative Review; 2020,’’
dated June 24, 2022.
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Scope of the Order
The product covered by the Order is
aluminum sheet from China. A full
description of the scope of the Order is
contained in the Issues and Decision
Memorandum.7
Analysis of Comments Received
All issues raised in interested parties’
briefs are addressed in the Issues and
Decision Memorandum accompanying
this notice. A list of topics discussed in
the Issues and Decision Memorandum is
provided in Appendix I 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://access.trade.gov/
public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on comments in case and
rebuttal briefs and record evidence,
Commerce made certain changes with
respect to the methodology used in the
Preliminary Results to calculate Alcha
Group’s program rate for the
Government Provision of Primary
Aluminum for Less than Adequate
Remuneration program. We made no
changes for Yinbang Clad. These
changes are discussed in the Issues and
Decision Memorandum.
Methodology
Commerce conducted this
administrative review in accordance
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act). For
each subsidy program found to be
countervailable, Commerce finds that
there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
confers benefit to the recipient, and that
the subsidy is specific.8 For a full
description of the methodology
underlying our conclusions, including
our reliance, in part on adverse facts
available (AFA) pursuant to section
776(a) and (b) of the Act, see the Issues
and Decision Memorandum.
7 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Countervailing Duty Administrative Review of
Common Alloy Aluminum Sheet from the People’s
Republic of China; 2018–2019,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
8 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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]]>Agencies
[Federal Register Volume 87, Number 171 (Tuesday, September 6, 2022)]
[Notices]
[Pages 54460-54462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19198]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-469-818]
Ripe Olives From Spain: Preliminary Results of Countervailing
Duty Administrative Review; 2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. 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, 2020, through December 31, 2020. Interested parties
are invited to comment on these preliminary results.
DATES: Applicable September 6, 2022.
FOR FURTHER INFORMATION CONTACT: Mary Kolberg or Theodore Pearson, 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)
482-2631, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2018, Commerce published in the Federal Register the
countervailing duty (CVD) order on ripe olives from Spain.\1\ On
October 7, 2021, Commerce published the notice of initiation of an
administrative review of the Order.\2\ On March 29, 2022, Commerce
extended the deadline for the preliminary results of this review by 120
days until August 31, 2022.\3\ For a complete description of the events
that followed the initiation of this review, see the Preliminary
Decision Memorandum.\4\ A list of topics discussed in the Preliminary
Decision Memorandum is included as the appendix to this notice. 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://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\1\ See Ripe Olives from Spain: Amended Final Affirmative
Countervailing Duty Determination and Countervailing Duty Order, 83
FR 37469 (August 1, 2018) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 55811 (October 7, 2021).
\3\ See Memorandum, ``Ripe Olives from Spain: Extension of
Deadline for Preliminary Results of Countervailing Duty
Administrative Review; 2020,'' dated March 29, 2022.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2020 Countervailing Duty Administrative Review of
Ripe Olives from Spain,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary 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 the Order, see the Preliminary
Decision Memorandum.\5\
---------------------------------------------------------------------------
\5\ Id.
---------------------------------------------------------------------------
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 to be 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).\6\ 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.
---------------------------------------------------------------------------
\6\ 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.
---------------------------------------------------------------------------
[[Page 54461]]
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.\7\ This methodology
to establish the all-others subsidy rate is consistent with our
practice and section 705(c)(5)(A) of the Act which governs the
calculation of the all-others rate in an investigation. For further
information on the calculation of the non-selected respondent rate, see
the section in the Preliminary Decision Memorandum entitled ``Non-
Selected Company Rate.''
---------------------------------------------------------------------------
\7\ 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 values 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., Ripe Olives from Spain: Final Results of Countervailing
Duty Administrative Review; 2019, 48 FR 13970 (March 11, 2022).
---------------------------------------------------------------------------
Preliminary Results of Review
We preliminarily find the following net countervailable subsidy
rates exist for the period January 1, 2020, through December 31, 2020:
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\8\ 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.
\9\ 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
705(c)(5)(A) of the Act.
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Subsidy rate
Producer/exporter (percent ad
valorem)
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Agro Sevilla Aceitunas S.Coop. And...................... 8.32
Angel Camacho Alimentaci[oacute]n, S.L. and its cross- 4.58
owned affiliates \8\...................................
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Review-Specific Average Rate Applicable to the Following Companies \9\
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Aceitunas Guadalquivir, S.L............................. 6.68
Alimentary Group Dcoop S. Coop. And..................... 6.68
Aceitunas Torrent, S.L.................................. 6.68
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Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information relied upon in its final results of review.
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.\10\ A timeline for the submission of case
and rebuttal briefs and written comments will be provided to interested
parties at a later date.\11\ 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. Note
that Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\12\
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\10\ See 19 CFR 351.224(b).
\11\ See 19 CFR 351.309(c) and (d).
\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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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. Oral presentations at the hearing will be limited to issues
raised in the briefs. 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, we intend 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, CVDs on all appropriate
entries covered by this review. We intend 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 upon publication of the final results, to instruct CBP to
collect cash deposits of estimated CVDs 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. If the rate calculated
in the final results is zero or de minimis, no cash deposit will be
required on shipments of the 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 CVDs 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).
[[Page 54462]]
Dated: August 30, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
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. 2022-19198 Filed 9-2-22; 8:45 am]
BILLING CODE 3510-DS-P
