Ripe Olives From Spain: Implementation of Determination Under Section 129 of the Uruguay Round Agreements Act, 3384-3385 [2023-00930]
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Federal Register / Vol. 88, No. 12 / Thursday, January 19, 2023 / Notices
under a specific segment type called
‘‘AISL-Annual Inquiry Service List.’’ 9
Interested parties who wish to be
added to the annual inquiry service list
for an order must submit an entry of
appearance to the annual inquiry
service list segment for the order in
ACCESS within 30 days after the date of
publication of the order. For ease of
administration, Commerce requests that
law firms with more than one attorney
representing interested parties in an
order designate a lead attorney to be
included on the annual inquiry service
list. Commerce will finalize the annual
inquiry service list within five business
days thereafter. As mentioned in the
Procedural Guidance, the new annual
inquiry service list will be in place until
the following year, when the
Opportunity Notice for the anniversary
month of the order is published.
Commerce may update an annual
inquiry service list at any time as
needed based on interested parties’
amendments to their entries of
appearance to remove or otherwise
modify their list of members and
representatives, or to update contact
information. Any changes or
announcements pertaining to these
procedures will be posted to the
ACCESS website at https://
access.trade.gov.
khammond on DSKJM1Z7X2PROD with NOTICES
Special Instructions for Petitioners and
Foreign Governments
In the Final Rule, Commerce stated
that, ‘‘after an initial request and
placement on the annual inquiry service
list, both petitioners and foreign
governments will automatically be
placed on the annual inquiry service list
in the years that follow.’’ 10
Accordingly, as stated above, the
petitioners and foreign governments
should submit their initial entry of
appearance after publication of this
notice in order to appear in the first
annual inquiry service list. Pursuant to
19 CFR 351.225(n)(3), the petitioners
and foreign governments will not need
to resubmit their entries of appearance
each year to continue to be included on
the annual inquiry service list.
However, the petitioners and foreign
9 This segment will be combined with the
ACCESS Segment Specific Information (SSI) field,
which will display the month in which the notice
of the order or suspended investigation was
published in the Federal Register, also known as
the anniversary month. For example, for an order
under case number A–000–000 that published in
the Federal Register in January, the relevant
segment and SSI combination will appear in
ACCESS as ‘‘AISL-January Anniversary.’’ Note that
there will be only one annual inquiry service list
segment per case number, and the anniversary
month will be pre-populated in ACCESS.
10 See Final Rule, 86 FR at 52335.
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17:49 Jan 18, 2023
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governments are responsible for making
amendments to their entries of
appearance during the annual update to
the annual inquiry service list in
accordance with the procedures
described above.
Notification to Interested Parties
This notice constitutes the
antidumping duty order with respect to
preserved mushrooms from France
pursuant to section 736(a) of the Act.
Interested parties can find a list of
antidumping duty orders currently in
effect at https://www.trade.gov/datavisualization/adcvd-proceedings.
This order is published in accordance
with section 736(a) of the Act and 19
CFR 351.211(b).
Dated: January 12, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Scope of the Order
The merchandise covered by this order is
certain preserved mushrooms, whether
imported whole, sliced, diced, or as stems
and pieces. The preserved mushrooms
covered under this order are the genus
Agaricus. ‘‘Preserved mushrooms’’ refer to
mushrooms that have been prepared or
preserved by cleaning, blanching, and
sometimes slicing or cutting. These
mushrooms are then packed and heat
sterilized in containers each holding a net
drained weight of not more than 12 ounces
(340.2 grams), including but not limited to
cans or glass jars, in a suitable liquid
medium, including but not limited to water,
brine, butter, or butter sauce. Preserved
mushrooms may be imported whole, sliced,
diced, or as stems and pieces.
Excluded from the scope are ‘‘marinated,’’
‘‘acidified,’’ or ‘‘pickled’’ mushrooms, which
are prepared or preserved by means of
vinegar or acetic acid, but may contain oil or
other additives. To be prepared or preserved
by means of vinegar or acetic acid, the
merchandise must be a minimum 0.5 percent
by weight acetic acid.
The merchandise subject to this order is
classifiable under subheadings 2003.10.0127,
2003.10.0131, and 2003.10.0137 of the
Harmonized Tariff Schedule of the United
States (HTSUS). The subject merchandise
may also be classified under HTSUS
subheadings 2003.10.0143, 2003.10.0147,
and 2003.10.0153. Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the scope is dispositive.
[FR Doc. 2023–00931 Filed 1–18–23; 8:45 am]
DEPARTMENT OF COMMERCE
International Trade Administration
[C–469–818]
Ripe Olives From Spain:
Implementation of Determination
Under Section 129 of the Uruguay
Round Agreements Act
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 20, 2022, the
U.S. Department of Commerce
(Commerce) issued its final
determination under section 129 of the
Uruguay Round Agreements Act
(URAA), regarding the countervailing
duty (CVD) investigation of ripe olives
from Spain. On January 12, 2023, the
U.S. Trade Representative (USTR)
directed Commerce to implement the
section 129 final determination, which
renders Commerce’s determinations in
the CVD investigation not inconsistent
with the World Trade Organization
(WTO) dispute settlement findings in
United States—Antidumping and
Countervailing Duties on Ripe Olives
from Spain, WT/DS577 (December 20,
2021) (DS577). As a result, Commerce is
now implementing the section 129 final
determination.
DATES: Applicable January 12, 2023.
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.
AGENCY:
SUPPLEMENTARY INFORMATION:
Nature of the Proceeding
Section 129 of the URAA governs the
nature and effect of determinations
issued by Commerce to implement
findings by WTO dispute settlement
panels and the Appellate Body.
Specifically, section 129(b)(2) of the
URAA provides that ‘‘notwithstanding
any provision of the Tariff Act of 1930,’’
upon a written request from USTR,
Commerce shall issue a determination
that would render its actions not
inconsistent with an adverse finding of
a WTO panel or the Appellate Body.1
The Statement of Administrative Action
Accompanying the URAA, H.R. Doc.
103–316, Vol. 1 (1994) (SAA), variously
refers to such a determination by
Commerce as a ‘‘new,’’ ‘‘second,’’ and
BILLING CODE 3510–DS–P
PO 00000
1 See
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19 U.S.C. 3538(b)(2).
19JAN1
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Federal Register / Vol. 88, No. 12 / Thursday, January 19, 2023 / Notices
‘‘different’’ determination.2 After
consulting with Commerce and the
appropriate congressional committees,
USTR may direct Commerce to
implement, in whole or in part, the new
determination made under section 129
of the URAA.3 Pursuant to section
129(c) of the URAA, the new
determination shall apply with respect
to unliquidated entries of the subject
merchandise that are entered or
withdrawn from warehouse, for
consumption, on or after the date on
which USTR directs Commerce to
implement the new determination.4 The
new determination is subject to judicial
review, separate and apart from judicial
review of Commerce’s original
determination.5
Background
On July 11, 2022, Commerce informed
interested parties that it was initiating
administrative action under section 129
of the URAA to comply with the
recommendations and rulings of the
WTO Dispute Settlement Body in
DS577.6 On September 23, 2022,
Commerce addressed each of the issues
and conclusions of the panel in DS577
through a preliminary determination
memorandum.7 We invited interested
parties to comment on the Preliminary
Determination.8 After receiving case
briefs and rebuttal comments from the
interested parties, Commerce issued its
final determination for the section 129
determination on December 20, 2022.9
On January 12, 2023, USTR notified
Commerce that, consistent with section
129(b)(3) of the URAA, consultations
with Commerce and the appropriate
congressional committees with respect
to the December 20, 2022 determination
have been completed and USTR
directed Commerce to implement the
determination in accordance with
section 129(b)(4) if the URAA.
Final Determination: Analysis of
Comments Received
The issues raised in the comments
and rebuttal comments submitted by the
interested parties to this proceeding are
addressed in the Final Determination.
The Final Determination 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 Final
Determination can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Final Determination: Recalculating
Countervailing Duty Rates
The recalculated countervailable
subsidy rates, as included in the Final
Determination and which remain
unchanged from the Preliminary
Determination in this section 129
proceeding for each company, are as
follows:
Investigation
subsidy rate
(percent ad
valorem)
Exporter/producer
Aceitunas Guadalquivir S.L.U.10 .............................................................................................................................
All Others .................................................................................................................................................................
Implementation of the Revised Cash
Deposit Requirements
khammond on DSKJM1Z7X2PROD with NOTICES
As noted above, on January 12, 2023,
in accordance with sections 129(b)(4)
and 129(c)(l)(B) of the URAA, USTR
directed Commerce to implement this
final determination. With respect to the
investigation, Commerce will instruct
U.S. Customs and Border Protection
(CBP) to continue to suspend
liquidation of entries of subject
merchandise that were entered, or
withdrawn from warehouse, for
consumption on or after the date of such
implementation. In the final section 129
determination, the rates for Agro Sevilla
Aceitunas S.Coop And. and Angel
Camacho Alimentacion, S.L. remained
unchanged from the investigation.
However, these companies have a
superseding cash deposit rate (i.e., there
have been final results published in a
2 See
SAA at 1025, 1027.
19 U.S.C. 3538(b)(4).
4 See 19 U.S.C. 3538(c).
5 See 19 U.S.C. 1516a(a)(2)(B)(vii).
6 See Notice of Commencement of a Compliance
Proceeding Pursuant to Section 129 of the Uruguay
Round Agreements Act, 87 FR 41109 (July 11,
2022).
3 See
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17:49 Jan 18, 2023
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subsequent administrative review), and
thus, we will not issue revised cash
deposit instructions to CBP for these
companies. Similarly, while the rate for
Aceitunas Guadalquivir S.L.U. changed
in the final section 129 determination,
because this company has a superseding
cash deposit rate, we will not issue
revised cash deposit instructions to CBP
for this company. For all other
producers or exporters that do not have
their own rate, we will direct CBP to
require a cash deposit equal to the
revised all-others rate above. This notice
of implementation of this section 129
final determination is published in
accordance with section 129(c)(2)(A) of
the URAA.
Revised
subsidy rate
(percent ad
valorem)
27.02
14.97
11.63
11.08
Dated: January 12, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2023–00930 Filed 1–18–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Advisory Committee on Earthquake
Hazards Reduction Meeting
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice of open meeting.
AGENCY:
The Advisory Committee on
Earthquake Hazards Reduction (ACEHR
or Committee) will hold an open virtual
SUMMARY:
7 See Memorandum, ‘‘Ripe Olives from Spain:
Preliminary Section 129 Determination Regarding
the Countervailing Duty Investigation,’’ dated
September 23, 2022 (Preliminary Determination).
8 Id. at 22–23; see also Commerce’s Letter, ‘‘Ripe
Olives from Spain: Deadline for Submission of
Factual Information and Extension of Deadline for
Case and Rebuttal Brief,’’ dated October 17, 2022.
9 See Memorandum, ‘‘Ripe Olives from Spain:
Final Section 129 Determination Regarding the
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Frm 00010
Fmt 4703
Sfmt 4703
Countervailing Duty Investigation,’’ dated
December 20, 2022 (Final Determination).
10 Commerce found the following companies to be
cross-owned with Aceitunas Guadalquivir S.L.U.:
Coromar Inv., S.L.; AG Explotaciones Agricolas,
S.L.U.; and Grupo Aceitunas Guadalquivir, S.L. See
Ripe Olives from Spain: Amended Final Affirmative
Countervailing Duty Determination and
Countervailing Duty Order, 83 FR 37469 (August 1,
2018).
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]]>Agencies
[Federal Register Volume 88, Number 12 (Thursday, January 19, 2023)]
[Notices]
[Pages 3384-3385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00930]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-469-818]
Ripe Olives From Spain: Implementation of Determination Under
Section 129 of the Uruguay Round Agreements Act
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On December 20, 2022, the U.S. Department of Commerce
(Commerce) issued its final determination under section 129 of the
Uruguay Round Agreements Act (URAA), regarding the countervailing duty
(CVD) investigation of ripe olives from Spain. On January 12, 2023, the
U.S. Trade Representative (USTR) directed Commerce to implement the
section 129 final determination, which renders Commerce's
determinations in the CVD investigation not inconsistent with the World
Trade Organization (WTO) dispute settlement findings in United States--
Antidumping and Countervailing Duties on Ripe Olives from Spain, WT/
DS577 (December 20, 2021) (DS577). As a result, Commerce is now
implementing the section 129 final determination.
DATES: Applicable January 12, 2023.
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:
Nature of the Proceeding
Section 129 of the URAA governs the nature and effect of
determinations issued by Commerce to implement findings by WTO dispute
settlement panels and the Appellate Body. Specifically, section
129(b)(2) of the URAA provides that ``notwithstanding any provision of
the Tariff Act of 1930,'' upon a written request from USTR, Commerce
shall issue a determination that would render its actions not
inconsistent with an adverse finding of a WTO panel or the Appellate
Body.\1\ The Statement of Administrative Action Accompanying the URAA,
H.R. Doc. 103-316, Vol. 1 (1994) (SAA), variously refers to such a
determination by Commerce as a ``new,'' ``second,'' and
[[Page 3385]]
``different'' determination.\2\ After consulting with Commerce and the
appropriate congressional committees, USTR may direct Commerce to
implement, in whole or in part, the new determination made under
section 129 of the URAA.\3\ Pursuant to section 129(c) of the URAA, the
new determination shall apply with respect to unliquidated entries of
the subject merchandise that are entered or withdrawn from warehouse,
for consumption, on or after the date on which USTR directs Commerce to
implement the new determination.\4\ The new determination is subject to
judicial review, separate and apart from judicial review of Commerce's
original determination.\5\
---------------------------------------------------------------------------
\1\ See 19 U.S.C. 3538(b)(2).
\2\ See SAA at 1025, 1027.
\3\ See 19 U.S.C. 3538(b)(4).
\4\ See 19 U.S.C. 3538(c).
\5\ See 19 U.S.C. 1516a(a)(2)(B)(vii).
---------------------------------------------------------------------------
Background
On July 11, 2022, Commerce informed interested parties that it was
initiating administrative action under section 129 of the URAA to
comply with the recommendations and rulings of the WTO Dispute
Settlement Body in DS577.\6\ On September 23, 2022, Commerce addressed
each of the issues and conclusions of the panel in DS577 through a
preliminary determination memorandum.\7\ We invited interested parties
to comment on the Preliminary Determination.\8\ After receiving case
briefs and rebuttal comments from the interested parties, Commerce
issued its final determination for the section 129 determination on
December 20, 2022.\9\ On January 12, 2023, USTR notified Commerce that,
consistent with section 129(b)(3) of the URAA, consultations with
Commerce and the appropriate congressional committees with respect to
the December 20, 2022 determination have been completed and USTR
directed Commerce to implement the determination in accordance with
section 129(b)(4) if the URAA.
---------------------------------------------------------------------------
\6\ See Notice of Commencement of a Compliance Proceeding
Pursuant to Section 129 of the Uruguay Round Agreements Act, 87 FR
41109 (July 11, 2022).
\7\ See Memorandum, ``Ripe Olives from Spain: Preliminary
Section 129 Determination Regarding the Countervailing Duty
Investigation,'' dated September 23, 2022 (Preliminary
Determination).
\8\ Id. at 22-23; see also Commerce's Letter, ``Ripe Olives from
Spain: Deadline for Submission of Factual Information and Extension
of Deadline for Case and Rebuttal Brief,'' dated October 17, 2022.
\9\ See Memorandum, ``Ripe Olives from Spain: Final Section 129
Determination Regarding the Countervailing Duty Investigation,''
dated December 20, 2022 (Final Determination).
---------------------------------------------------------------------------
Final Determination: Analysis of Comments Received
The issues raised in the comments and rebuttal comments submitted
by the interested parties to this proceeding are addressed in the Final
Determination. The Final Determination 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 Final Determination can be accessed directly at
https://access.trade.gov/public/FRNoticesListLayout.aspx.
Final Determination: Recalculating Countervailing Duty Rates
The recalculated countervailable subsidy rates, as included in the
Final Determination and which remain unchanged from the Preliminary
Determination in this section 129 proceeding for each company, are as
follows:
---------------------------------------------------------------------------
\10\ Commerce found the following companies to be cross-owned
with Aceitunas Guadalquivir S.L.U.: Coromar Inv., S.L.; AG
Explotaciones Agricolas, S.L.U.; and Grupo Aceitunas Guadalquivir,
S.L. See Ripe Olives from Spain: Amended Final Affirmative
Countervailing Duty Determination and Countervailing Duty Order, 83
FR 37469 (August 1, 2018).
------------------------------------------------------------------------
Investigation Revised
subsidy rate subsidy rate
Exporter/producer (percent ad (percent ad
valorem) valorem)
------------------------------------------------------------------------
Aceitunas Guadalquivir S.L.U.\10\....... 27.02 11.63
All Others.............................. 14.97 11.08
------------------------------------------------------------------------
Implementation of the Revised Cash Deposit Requirements
As noted above, on January 12, 2023, in accordance with sections
129(b)(4) and 129(c)(l)(B) of the URAA, USTR directed Commerce to
implement this final determination. With respect to the investigation,
Commerce will instruct U.S. Customs and Border Protection (CBP) to
continue to suspend liquidation of entries of subject merchandise that
were entered, or withdrawn from warehouse, for consumption on or after
the date of such implementation. In the final section 129
determination, the rates for Agro Sevilla Aceitunas S.Coop And. and
Angel Camacho Alimentacion, S.L. remained unchanged from the
investigation. However, these companies have a superseding cash deposit
rate (i.e., there have been final results published in a subsequent
administrative review), and thus, we will not issue revised cash
deposit instructions to CBP for these companies. Similarly, while the
rate for Aceitunas Guadalquivir S.L.U. changed in the final section 129
determination, because this company has a superseding cash deposit
rate, we will not issue revised cash deposit instructions to CBP for
this company. For all other producers or exporters that do not have
their own rate, we will direct CBP to require a cash deposit equal to
the revised all-others rate above. This notice of implementation of
this section 129 final determination is published in accordance with
section 129(c)(2)(A) of the URAA.
Dated: January 12, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-00930 Filed 1-18-23; 8:45 am]
BILLING CODE 3510-DS-P
