Ripe Olives From Spain: Final Results of Countervailing Duty Administrative Review; 2021, 17385-17386 [2024-05112]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 89, Number 48 (Monday, March 11, 2024)]
[Notices]
[Pages 17385-17386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05112]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-469-818]


Ripe Olives From Spain: Final Results of Countervailing Duty 
Administrative Review; 2021

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
certain producer and exporters of ripe olives from Spain received 
countervailable subsidies during the period of review (POR) January 1, 
2021, through December 31, 2021.

DATES: Applicable March 11, 2024.

FOR FURTHER INFORMATION CONTACT: Dusten Hom 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) 482-5075 or (202) 482-2631, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 7, 2023, Commerce published the Preliminary Results of 
the 2021 administrative review of the countervailing duty order on ripe 
olives from Spain and invited comments from interested parties.\1\ On 
December 7, 2023, Commerce extended the deadline for issuing the final 
results until March 5, 2024.\2\ For a complete description of the 
events that occurred since the Preliminary Results, see the Issues and 
Decision Memorandum.\3\ Commerce conducted this review in accordance 
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the 
Act).
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    \1\ See Ripe Olives from Spain: Preliminary Results of 
Countervailing Duty Administrative Review, and Partial Rescission of 
Review; 2021, 88 FR 61517 (September 7, 2023) (Preliminary Results), 
and accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Extension of Deadline for Final Results of 
the Countervailing Duty Administrative Review,'' dated December 7, 
2023.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Countervailing Duty Administrative Review of 
Ripe Olives from Spain; 2021,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order

    The products covered by the Order are ripe olives from Spain. For a 
full description of the scope of the Order, see the Issues and Decision 
Memorandum.

Analysis of Comments Received

    All issues raised by the interested parties in their case and 
rebuttal briefs are addressed in the Issues and Decision Memorandum. 
The topics discussed and the issues raised by parties to which we 
responded in the Issues and Decision Memorandum are listed in the 
appendix to this notice. The Issues and Decision Memorandum is a public 
document and is on file electronically via Enforcement and Compliance's 
Antidumping and CVD Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on comments received from interested parties, we revised the 
calculation of the net countervailable subsidy rates for Agro Sevilla 
Aceitunas, S.Coop.And. (Agro Sevilla). 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 Act. For each of the subsidy programs found to 
be countervailable, we determine that there is a subsidy, i.e., a 
government-provided financial contribution that gives rise to a benefit 
to the recipient, and that the subsidy is specific.\4\ The Issues and 
Decision Memorandum contains a full description of the methodology 
underlying Commerce's conclusions, including our reliance, in part, on 
facts otherwise available, pursuant to sections 776 of the Act.
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    \4\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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Non-Selected Companies' Rate

    We made no changes to the methodology for determining a rate for 
Aceitunas Guadalquivir, S.L. (Guadalquivir), the only company not 
selected for individual examination from the Preliminary Results. 
However, due to changes in the benefit calculations for Agro Sevilla, 
the non-selected rate changed for Guadalquivir. For Guadalquivir, we 
are applying an ad valorem subsidy rate of 8.14 percent.

Final Results of the Administrative Review

    We find the following net countervailable subsidy rates for the POR 
January 1, 2021, through December 31, 2021:

[[Page 17386]]



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                                                           Subsidy rate
                    Producer/exporter                       (percent ad
                                                             valorem)
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Agro Sevilla Aceitunas, S.Coop.And......................            7.51
Angel Camacho Alimentaci[oacute]n, S.L. and its cross-              9.12
 owned affiliates \5\...................................
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  Review-Specific Average Rate Applicable to the Following Companies 6
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Aceitunas Guadalquivir, S.L.7...........................            8.14
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Disclosure
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    \5\ Commerce found the following companies to be cross-owned 
with Angel Camacho Alim entaci[oacute]n, S.L.: Grupo Angel Camacho, 
S.L., Cuarterola S.L., and Cucanoche S.L.
    \6\ 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.
    \7\ Commerce has previously found, and continues to treat, 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. See, e.g., Ripe 
Olives from Spain: Final Results of Countervailing Duty 
Administrative Review; 2020; Correction, 88 FR 21973 (April 12, 
2023).
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    We intend to disclose the 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 U.S. Customs and Border 
Protection (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 for the companies listed above for 
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 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 violation 
subject to sanction.

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 5, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the 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 Adverse Facts Available 
(AFA) to Camacho's Growers
    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 Determine Additional Growers 
To Be Uncooperative
    Comment 5: Whether Commerce Should Revise its Facts Available 
(FA) Methodology for Growers That Provided Insufficient Information
IX. Recommendation

[FR Doc. 2024-05112 Filed 3-8-24; 8:45 am]
BILLING CODE 3510-DS-P