Ripe Olives From Spain: Preliminary Results of Countervailing Duty Administrative Review, and Partial Rescission of Review; 2021, 61517-61519 [2023-19336]
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Federal Register / Vol. 88, No. 172 / Thursday, September 7, 2023 / Notices
Malaysia Sdn. Bhd; Nordex SE; and
Siemens Gamesa Renewable Energy.6
On November 28, 2022, we notified
parties that we intended to rescind this
administrative review with respect to
these companies because there are no
reviewable suspended entries. No
parties commented on the notification
of intent to rescind the review, in part.
Therefore, in accordance with 19 CFR
351.213(d)(3), Commerce is rescinding
this review with respect to these
companies.
Methodology
We are conducting this review in
accordance with section 751(a)(1)(A) of
the Act. For each of the subsidy
programs found countervailable, we
preliminarily determine that there is a
subsidy, i.e., a financial contribution
from an ‘‘authority’’ that confers a
benefit to the recipient, and that the
subsidy is specific.7 For a full
description of the methodology
underlying these preliminary results,
see the Preliminary Decision
Memorandum.
Preliminary Results of Review
We preliminarily find the following
net countervailable subsidy rate exists
for the period March 25, 2021, through
December 31, 2021:
Producer/exporter
Subsidy rate
(percent
ad valorem)
CS Wind Malaysia Sdn. Bhd
10.96
Disclosure and Public Comment
We intend to disclose to interested
parties the calculations performed for
these preliminary results within five
days of the publication of this notice.8
Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
at a date to be determined. Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed no later than
seven days after the date for filing case
briefs.9 Parties who submit case briefs or
rebuttal briefs in this proceeding 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.10 Case and
ddrumheller on DSK120RN23PROD with NOTICES1
6 See
Memorandum, ‘‘Notice of Intent to Rescind
Review, In Part,’’ dated November 28, 2022.
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.
8 See 19 CFR 351.224(b).
9 See 19 CFR 351.309(d); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to
COVID–19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (Temporary Rule).
10 See 19 CFR 351.309(c)(2) and (d)(2).
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19:19 Sep 06, 2023
Jkt 259001
rebuttal briefs should be filed using
ACCESS 11 and must be served on
interested parties.12 Executive
summaries should be limited to five
pages total, including footnotes. Note
that Commerce has modified certain of
its requirements for serving documents
containing business proprietary
information, until further notice.13
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.14 Requests
should contain: (1) the party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
issues to be discussed. Issues raised in
the hearing will be limited to those
raised in the respective case and
rebuttal briefs. If a request for a hearing
is made, Commerce intends to hold the
hearing at a time and date to be
determined. A hearing request must be
filed electronically using ACCESS and
received in its entirety by 5:00 p.m.
Eastern Time within 30 days after
publication of this notice.
Assessment Rates
Pursuant to section 751(a)(1) of the
Act, Commerce shall determine, and
CBP shall assess, countervailing duties
on all appropriate entries of subject
merchandise covered by this review.15
For the companies for which this review
is rescinded, we intend to issue
appropriate assessment instructions to
CBP no earlier than 35 days after the
date of publication of this notice in the
Federal Register.
For CS Wind, Commerce will instruct
CBP to assess countervailing duties on
all appropriate entries at the subsidy
rates calculated in the final results of
this review. Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
In accordance with section 751(a)(1)
of the Act, Commerce intends, upon
publication of the final results, to
instruct CBP to collect cash deposits of
11 See
generally 19 CFR 351.303.
19 CFR 351.303(f).
13 See Temporary Rule.
14 See 19 CFR 351.310(c).
15 See 19 CFR 351.212(b)(1).
12 See
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61517
estimated countervailing duties in the
amounts shown for the company listed
above on shipments of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of the final
results of this administrative review. For
all non-reviewed firms, we will instruct
CBP to continue to collect cash deposits
at the most recent company-specific or
all-others rate applicable to the
company. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Final Results of Review
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any written briefs,
not later than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213 and 19 CFR 351.221(b)(4).
Dated: August 30, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Partial Rescission of Administrative
Review
V. Scope of the Order
VI. Subsidies Valuation Information
VII. Use of Facts Otherwise Available
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2023–19207 Filed 9–6–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–469–818]
Ripe Olives From Spain: Preliminary
Results of Countervailing Duty
Administrative Review, and Partial
Rescission of Review; 2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
AGENCY:
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07SEN1
61518
Federal Register / Vol. 88, No. 172 / Thursday, September 7, 2023 / Notices
subsidies are being provided to
producers/exporters of ripe olives from
Spain during the period of review,
January 1, 2021, through December 31,
2021. In addition, we are rescinding the
administrative review with respect to
four companies. Interested parties are
invited to comment on these
preliminary results.
DATES: Applicable September 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Dusten Hom 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) 482–5075 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 August 2, 2022,
we published in the Federal Register a
notice of opportunity to request an
administrative review of the Order.2 On
October 11, 2022, based on timely
requests for an administrative review,
Commerce published the notice of
initiation of an administrative review of
the Order for seven companies.3 On
December 14, 2022, Commerce selected
Agro Sevilla Aceitunas S.Coop And.
(Agro Sevilla) and Angel Camacho
Alimentacion, S.L. (Camacho) as the
mandatory respondents in this
administrative review.4
On April 11, 2023, Commerce
extended the deadline for the
preliminary results of this review until
August 31, 2023.5 For a complete
description of the events that followed
the initiation of this review, see the
Preliminary Decision Memorandum.6
A list of topics discussed in the
Preliminary Decision Memorandum is
ddrumheller on DSK120RN23PROD with NOTICES1
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 Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 87 FR 47187
(August 2, 2022).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
61278 (October 11, 2022).
4 See Memorandum, ‘‘Respondent Selection
Memorandum; 2021,’’ dated December 14, 2022.
5 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review,’’ dated April 11 2023.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Countervailing Duty
Administrative Review: Ripe Olives from Spain;
2021,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
VerDate Sep<11>2014
19:19 Sep 06, 2023
Jkt 259001
attached as the appendix to this notice.
The Preliminary Decision Memorandum
is a public document and is made
available to the public 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 is available at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
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.
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). 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.
Partial Rescission of Administrative
Review
Commerce’s practice is to rescind an
administrative review of a CVD order,
pursuant to 19 CFR 351.213(d)(3), when
there are no reviewable entries of
subject merchandise during the POR for
which liquidation is suspended.7
Normally, upon completion of an
administrative review, the suspended
entries are liquidated at the CVD
assessment rate calculated for the
review period.8 Therefore, for an
administrative review of a company to
be conducted, there must be a
reviewable, suspended entry that
Commerce can instruct U.S. Customs
and Border Protection (CBP) to liquidate
at the calculated CVD assessment rate
calculated for the review period.9
7 See, e.g., Lightweight Thermal Paper from the
People’s Republic of China: Notice of Rescission of
Countervailing Duty Administrative Review; 2015,
82 FR 14349 (March 20, 2017); see also Circular
Welded Carbon Quality Steel Pipe from the People’s
Republic of China: Rescission of Countervailing
Duty Administrative Review; 2017, 84 FR 14650
(April 11, 2019).
8 See 19 CFR 351.212(b)(2).
9 See 19 CFR 351.213(d)(3).
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Sfmt 4703
On December 20, 2022, we issued a
memorandum notifying parties of our
intent to rescind this administrative
review with respect to four companies:
(1) Aceitunera del Norte de Ca´ceres,
S.Coop.Ltda. de 2° Grado; (2)
Alimentary Group Dcoop S.Coop. And.;
(3) Internacional Olivarera, S.A.; and (4)
Plasoliva, S.L. We received no
comments from interested parties
regarding our intention to rescind the
review with respect to the four
companies. Accordingly, in the absence
of reviewable, suspended entries of
subject merchandise during the POR, we
are rescinding this administrative
review with respect to these four
companies, in accordance with 19
CFR351.213(d)(3).
Preliminary Rate for Non-Selected
Companies Under Review
There is one company (i.e., Aceitunas
Guadalquivir, S.L.) for which a review
was requested and not rescinded, and
which was not selected as mandatory
respondents or found to be cross-owned
with a mandatory respondent. For this
company, 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 company 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.10 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.’’
Preliminary Results of Review
We preliminarily find the following
net countervailable subsidy rates exist
for the period January 1, 2021, through
December 31, 2021:
10 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 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).
E:\FR\FM\07SEN1.SGM
07SEN1
Federal Register / Vol. 88, No. 172 / Thursday, September 7, 2023 / Notices
Producer/exporter
Subsidy rate
(percent
ad valorem)
ddrumheller on DSK120RN23PROD with NOTICES1
Agro Sevilla Aceitunas
S.Coop. And ......................
Angel Camacho
Alimentacio´n, S.L. and its
cross-owned affiliates 11 ....
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
9.12 751(a)(2)(C) of the Act, Commerce also
intends upon publication of the final
results, to instruct CBP to collect cash
Review-Specific Average Rate Applicable
to the Following Companies 12
deposits of estimated CVDs in the
amounts calculated in the final results
Aceitunas Guadalquivir,
of this review for the respective
13
S.L
.................................
7.83 companies listed above with regard to
shipments of subject merchandise
Disclosure
entered, or withdrawn from warehouse,
Commerce intends to disclose its
for consumption on or after the date of
calculations and analysis performed for
publication of the final results of this
these preliminary results within five
review. If the rate calculated in the final
days of the date of publication of these
results is zero or de minimis, no cash
preliminary results, in accordance with
deposit will be required on shipments of
19 CFR 351.224(b).14
the subject merchandise entered or
withdrawn from warehouse, for
Assessment Rates
consumption on or after the date of
In accordance with 19 CFR
publication of the final results of this
351.221(b)(4)(i), we preliminarily
review.
determined subsidy rates in the
For all non-reviewed firms, CBP will
amounts shown above for the producer/ continue to collect cash deposits of
exporters shown above. Upon
estimated CVDs at the all-others rate or
completion of the administrative
the most recent company-specific rate
review, consistent with section 751(a)(1) applicable to the company, as
of the Act and 19 CFR 351.212(b)(2),
appropriate. These cash deposit
Commerce shall determine, and CBP
requirements, when imposed, shall
shall assess, CVDs on all appropriate
remain in effect until further notice.
entries covered by this review.
Public Comment
For the companies for which this
review is rescinded with these
Pursuant to 19 CFR 351.309(c),
preliminary results, we will instruct
interested parties may submit case briefs
CBP to assess countervailing duties on
to the Assistant Secretary for
all appropriate entries at a rate equal to
Enforcement and Compliance no later
the cash deposit of estimated
than 30 days after the date of
countervailing duties required at the
publication of this notice. Rebuttal
time of entry, or withdrawal from
briefs, limited to issues raised in the
warehouse, for consumption, during the case briefs, may be filed not later than
period January 1, 2021, through
seven days after the date for filing case
December 31, 2021, in accordance with
briefs.15 Parties who submit case briefs
19 CFR 351.212(c)(l)(i). For the
or rebuttal briefs in this proceeding are
companies remaining in the review, we
encouraged to submit with each
intend to issue assessment instructions
argument: (1) a statement of the issue;
to CBP no earlier than 35 days after the
(2) a brief summary of the argument;
date of publication of the final results of and (3) a table of authorities.16 All briefs
this review in the Federal Register.
must be filed electronically using
If a timely summons is filed at the
ACCESS and must be served on
U.S. Court of International Trade, the
interested parties.17 Note that
assessment instructions will direct CBP
Commerce has temporarily modified
certain of its requirements for serving
11 As discussed in the Preliminary Decision
documents containing business
Memorandum, Commerce found the following
proprietary information, until further
companies to be cross-owned with Angel Camacho
notice.18
´
Alimentacion, S.L.: Grupo Angel Camacho, S.L.,
Pursuant to 19 CFR 351.310(c),
Cuarterola S.L., and Cucanoche S.L.
12 This rate is based on the rates for the
interested parties who wish to request a
respondents that were selected for individual
hearing must submit a written request to
review, excluding rates that are zero, de minimis,
the Assistant Secretary for Enforcement
or based entirely on facts available. See section
7.01
705(c)(5)(A) of the Act.
13 Commerce found the following companies to be
cross-owned with Aceitunas Guadalquivir, S.L.U.:
Coromar Inversiones, S.L., AG Explotaciones
Agricolas, S.L.U., and Grupo Aceitunas
Guadalquivir, S.L.
14 See 19 CFR 351.224(b).
VerDate Sep<11>2014
19:19 Sep 06, 2023
Jkt 259001
and Compliance, filed electronically via
ACCESS. Requests should contain: (1)
the party’s name, address, and
telephone number; (2) the number of
participants and whether any
participant is a foreign national; and (3)
a list of the issues to be discussed.
Issues raised in the hearing will be
limited to those raised in the respective
case briefs. An electronically filed
hearing request must be received
successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by 5:00 p.m. Eastern Time
within 30 days after the date of
publication of this notice. If a request
for a hearing is made, parties will be
notified of the date and time for the
hearing to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
Final Results of Review
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, within 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).
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, 19 CFR 351.213(d)(4), 19 CR
351.213(h) and 19 CFR 351.221(b)(4).
Dated: August 31, 2023.
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. Partial Rescission of Administrative
Review
VI. Subsidies Valuation
VII. Use of Facts Otherwise Available
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2023–19336 Filed 9–6–23; 8:45 am]
BILLING CODE 3510–DS–P
15 See
19 CFR 351.309(d).
16 See 19 CFR 351.309(c)(2) and (d)(2).
17 See 19 CFR 351.303.
18 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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]]>Agencies
[Federal Register Volume 88, Number 172 (Thursday, September 7, 2023)]
[Notices]
[Pages 61517-61519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19336]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-469-818]
Ripe Olives From Spain: Preliminary Results of Countervailing
Duty Administrative Review, and Partial Rescission of Review; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable
[[Page 61518]]
subsidies are being provided to producers/exporters of ripe olives from
Spain during the period of review, January 1, 2021, through December
31, 2021. In addition, we are rescinding the administrative review with
respect to four companies. Interested parties are invited to comment on
these preliminary results.
DATES: Applicable September 7, 2023.
FOR FURTHER INFORMATION CONTACT: Dusten Hom 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) 482-5075 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 August
2, 2022, we published in the Federal Register a notice of opportunity
to request an administrative review of the Order.\2\ On October 11,
2022, based on timely requests for an administrative review, Commerce
published the notice of initiation of an administrative review of the
Order for seven companies.\3\ On December 14, 2022, Commerce selected
Agro Sevilla Aceitunas S.Coop And. (Agro Sevilla) and Angel Camacho
Alimentacion, S.L. (Camacho) as the mandatory respondents in this
administrative review.\4\
---------------------------------------------------------------------------
\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 Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 87 FR 47187 (August 2, 2022).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 61278 (October 11, 2022).
\4\ See Memorandum, ``Respondent Selection Memorandum; 2021,''
dated December 14, 2022.
---------------------------------------------------------------------------
On April 11, 2023, Commerce extended the deadline for the
preliminary results of this review until August 31, 2023.\5\ For a
complete description of the events that followed the initiation of this
review, see the Preliminary Decision Memorandum.\6\
---------------------------------------------------------------------------
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated April
11 2023.
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review: Ripe
Olives from Spain; 2021,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
A list of topics discussed in the Preliminary Decision Memorandum
is attached as the appendix to this notice. The Preliminary Decision
Memorandum is a public document and is made available to the public 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 is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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.
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). 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.
Partial Rescission of Administrative Review
Commerce's practice is to rescind an administrative review of a CVD
order, pursuant to 19 CFR 351.213(d)(3), when there are no reviewable
entries of subject merchandise during the POR for which liquidation is
suspended.\7\ Normally, upon completion of an administrative review,
the suspended entries are liquidated at the CVD assessment rate
calculated for the review period.\8\ Therefore, for an administrative
review of a company to be conducted, there must be a reviewable,
suspended entry that Commerce can instruct U.S. Customs and Border
Protection (CBP) to liquidate at the calculated CVD assessment rate
calculated for the review period.\9\
---------------------------------------------------------------------------
\7\ See, e.g., Lightweight Thermal Paper from the People's
Republic of China: Notice of Rescission of Countervailing Duty
Administrative Review; 2015, 82 FR 14349 (March 20, 2017); see also
Circular Welded Carbon Quality Steel Pipe from the People's Republic
of China: Rescission of Countervailing Duty Administrative Review;
2017, 84 FR 14650 (April 11, 2019).
\8\ See 19 CFR 351.212(b)(2).
\9\ See 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------
On December 20, 2022, we issued a memorandum notifying parties of
our intent to rescind this administrative review with respect to four
companies: (1) Aceitunera del Norte de C[aacute]ceres, S.Coop.Ltda. de
2[deg] Grado; (2) Alimentary Group Dcoop S.Coop. And.; (3)
Internacional Olivarera, S.A.; and (4) Plasoliva, S.L. We received no
comments from interested parties regarding our intention to rescind the
review with respect to the four companies. Accordingly, in the absence
of reviewable, suspended entries of subject merchandise during the POR,
we are rescinding this administrative review with respect to these four
companies, in accordance with 19 CFR351.213(d)(3).
Preliminary Rate for Non-Selected Companies Under Review
There is one company (i.e., Aceitunas Guadalquivir, S.L.) for which
a review was requested and not rescinded, and which was not selected as
mandatory respondents or found to be cross-owned with a mandatory
respondent. For this company, 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 company 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.\10\
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.''
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\10\ 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).
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Preliminary Results of Review
We preliminarily find the following net countervailable subsidy
rates exist for the period January 1, 2021, through December 31, 2021:
[[Page 61519]]
------------------------------------------------------------------------
Subsidy rate
Producer/exporter (percent ad
valorem)
------------------------------------------------------------------------
Agro Sevilla Aceitunas S.Coop. And...................... 7.01
Angel Camacho Alimentaci[oacute]n, S.L. and its cross- 9.12
owned affiliates \11\..................................
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies \12\
------------------------------------------------------------------------
Aceitunas Guadalquivir, S.L \13\........................ 7.83
------------------------------------------------------------------------
Disclosure
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\11\ 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.
\12\ 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.
\13\ Commerce found the following companies to be cross-owned
with Aceitunas Guadalquivir, S.L.U.: Coromar Inversiones, S.L., AG
Explotaciones Agricolas, S.L.U., and Grupo Aceitunas Guadalquivir,
S.L.
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Commerce intends to disclose its calculations and analysis
performed for these preliminary results within five days of the date of
publication of these preliminary results, in accordance with 19 CFR
351.224(b).\14\
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\14\ See 19 CFR 351.224(b).
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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.
For the companies for which this review is rescinded with these
preliminary results, we will instruct CBP to assess countervailing
duties on all appropriate entries at a rate equal to the cash deposit
of estimated countervailing duties required at the time of entry, or
withdrawal from warehouse, for consumption, during the period January
1, 2021, through December 31, 2021, in accordance with 19 CFR
351.212(c)(l)(i). For the companies remaining in the 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.
Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to the Assistant Secretary for Enforcement and Compliance no
later than 30 days after the date of publication of this notice.
Rebuttal briefs, limited to issues raised in the case briefs, may be
filed not later than seven days after the date for filing case
briefs.\15\ Parties who submit case briefs or rebuttal briefs in this
proceeding 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.\16\ All briefs must be filed electronically using ACCESS
and must be served on interested parties.\17\ Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\18\
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\15\ See 19 CFR 351.309(d).
\16\ See 19 CFR 351.309(c)(2) and (d)(2).
\17\ See 19 CFR 351.303.
\18\ 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. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants and whether any
participant is a foreign national; and (3) a list of the issues to be
discussed. Issues raised in the hearing will be limited to those raised
in the respective case briefs. An electronically filed hearing request
must be received successfully in its entirety by Commerce's electronic
records system, ACCESS, by 5:00 p.m. Eastern Time within 30 days after
the date of publication of this notice. If a request for a hearing is
made, parties will be notified of the date and time for the hearing to
be determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
Final Results of Review
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, within 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).
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, 19 CFR
351.213(d)(4), 19 CR 351.213(h) and 19 CFR 351.221(b)(4).
Dated: August 31, 2023.
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. Partial Rescission of Administrative Review
VI. Subsidies Valuation
VII. Use of Facts Otherwise Available
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2023-19336 Filed 9-6-23; 8:45 am]
BILLING CODE 3510-DS-P
