Ripe Olives From Spain: Final Results of Countervailing Duty Administrative Review; 2020, 14605-14606 [2023-04851]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 88, Number 46 (Thursday, March 9, 2023)]
[Notices]
[Pages 14605-14606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04851]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-469-818]


Ripe Olives From Spain: Final 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) determines that 
certain exporters/producers of ripe olives from Spain received 
countervailable subsidies during the period of review (POR) January 1, 
2020, through December 31, 2020.

DATES: Applicable March 9, 2023.

FOR FURTHER INFORMATION CONTACT: Mary Kolberg or Theodore Pearson, AD/
CVD Operations, 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

    Commerce published the Preliminary Results on September 6, 2022.\1\ 
On November 7, 2022, we released the final verification reports,\2\ 
and, on November 14, 2022, we invited parties to comment on the 
Preliminary Results.\3\ For a complete description of the events that 
occurred since the Preliminary Results, see the Issues and Decision 
Memorandum.\4\ On December 15, 2022, in accordance with section 
751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), Commerce 
extended the deadline for issuing the final results until March 3, 
2023.\5\
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    \1\ See Ripe Olives from Spain: Preliminary Results of 
Countervailing Duty Administrative Review; 2020, 87 FR 54460 
(September 6, 2022) (Preliminary Results).
    \2\ See Memorandum, ``Verification of the Questionnaire 
Responses of Agro Sevilla Aceitunas S.Coop. And.,'' dated November 
{7{time} , 2022; see also Memorandum, ``Verification of the 
Questionnaire Responses of Angel Camacho Alimentacion, S.L. and Its 
Suppliers,'' dated November {7{time} , 2022.
    \3\ See Commerce's Letter, ``Briefing Schedule,'' dated November 
14, 2022.
    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Countervailing Duty Administrative Review of 
Ripe Olives from Spain,'' concurrently with, and hereby adopted by, 
this notice.
    \5\ See Memorandum, ``Extension of Deadline for Final Results of 
the Countervailing Duty Administrative Review 2020,'' dated December 
15, 2022.
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Scope of the Order \6\
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    \6\ 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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    The products covered by the Order are ripe olives. A full 
description of the scope of the Order is contained in 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 provided 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.

Verification

    As provided in section 782(i)(3) of the Act, in September 2022, 
Commerce verified the subsidy information reported by Agro Sevilla 
Aceitunas

[[Page 14606]]

S.Coop. And. (Agro Sevilla), Angel Camacho Alimentaci[oacute]n, S.L. 
(Camacho) and certain suppliers to both companies. We used standard 
verification procedures, including an examination of relevant 
accounting and production records, and original source documents 
provided by Agro Sevilla, Camacho, and their suppliers.

Changes Since the Preliminary Results

    Based on comments received from interested parties and issues 
originating from verification, we revised the calculation of the net 
countervailable subsidy rates for Agro Sevilla and Camacho. For a 
discussion of the issues, see the Issues and Decision Memorandum.

Methodology

    Commerce conducted this administrative review in accordance with 
section 751(a)(1)(A) of the Act of 1930. For each of the subsidy 
programs found countervailable, we find 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.\7\ For a 
full description of the methodology underlying all of Commerce's 
conclusions, including our reliance, in part, on facts otherwise 
available, including adverse facts available (AFA), pursuant to 
sections 776(a) and (b) of the Act, see the Issues and Decision 
Memorandum.
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    \7\ 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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Non-Selected Companies' Rate

    We made no changes to the methodology for determining a rate for 
companies not selected for individual examination from the Preliminary 
Results. However, due to changes in calculations for Agro Sevilla and 
Camacho, the non-selected rate changed for each of the three non-
selected companies for which a review was requested and not rescinded. 
For these companies, we are applying an ad valorem subsidy rate of 8.50 
percent.

Final Results of the Administrative Review

    We find the following net countervailable subsidy rates for the POR 
January 1, 2020, through December 31, 2020:

------------------------------------------------------------------------
                                                               Subsidy
                                                                 rate
                     Producer/exporter                       (percent ad
                                                               valorem)
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Agro Sevilla Aceitunas S.Coop. And.........................         8.83
Angel Camacho Alimentaci[oacute]n, S.L. and its cross-owned         8.08
 affiliates \8\............................................
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 Review-Specific Average Rate Applicable to the Following Companies \9\
------------------------------------------------------------------------
Aceitunas Guadalquivir, S.L................................         8.50
Alimentary Group Dcoop S.Coop. And.........................         8.50
Aceitunas Torrent, S.L.....................................         8.50
------------------------------------------------------------------------

Disclosure
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    \8\ 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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    We intend to disclose calculations and analysis performed for these 
final results of review within five days after the date of publication 
of this notice in the Federal Register in accordance with 19 CFR 
351.224(b).

Assessment Requirements

    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 assessment instructions to CBP no 
earlier than 35 days after 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, we also intend 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 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.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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

    The final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: March 3, 2023.
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. Subsidies Valuation
V. Use of Facts Otherwise Available and Adverse Inferences
VI. Non-Selected Rate
VII. Analysis of Programs
VIII. Analysis of Comments
    Comment 1: Whether Commerce's Substantial Dependence Finding is 
Lawful and Supported by Substantial Evidence
    Comment 2: Whether Commerce Should Apply AFA to All of Camacho's 
Growers Because Two Growers Failed Verification
    Comment 3: Whether Agro Sevilla's Non-Responsive Growers Should 
Receive an AFA Rate Because They Are Affiliated with Agro Sevilla
    Comment 4: Whether Commerce Should Include Two of Camacho's 
Suppliers in the BPS Program Calculation Since They Were Primarily 
Suppliers and Only Grew a Small Portion of Their Olives
    Comment 5: Whether Commerce Should Correct a Ministerial Error 
Regarding One of Agro Sevilla's First-Tier Suppliers
IX. Recommendation

[FR Doc. 2023-04851 Filed 3-8-23; 8:45 am]
BILLING CODE 3510-DS-P