Ripe Olives From Spain: Preliminary Results of Countervailing Duty Administrative Review and Partial Rescission of Review; 2022, 74210-74212 [2024-20623]
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Federal Register / Vol. 89, No. 177 / Thursday, September 12, 2024 / Notices
in any written briefs, no 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 Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this POR. Failure
to comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping and/or
countervailing duties occurred and the
subsequent assessment of double
antidumping duties, and/or an increase
in the amount of antidumping duties by
the amount of countervailing duties.
Notification to Interested Parties
These preliminary results and notice
are issued and published in accordance
with sections 751(a)(1) and 777(i) of the
Act, 19 CFR 351.213(d)(4), 19 CFR
351.213(h) and 19 CFR 351.221(b)(4).
Dated: September 5, 2024.
Abdelali Elouaradia,
Deputy 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. Rescission of Review, In Part
V. Rate for Non-Selected Companies
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2024–20620 Filed 9–11–24; 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; 2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that certain producers/exporters of
producers and exporters of ripe olives
from Spain received countervailable
subsidies during the period of review
(POR), January 1, 2022, through
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December 31, 2022. In addition,
Commerce is rescinding the review, in
part, with respect to three companies.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable September 12, 2024.
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 October 18,
2023, Commerce published in the
Federal Register the notice of initiation
of an administrative review of the
Order.2 On November 15, 2023,
Commerce selected Agro Sevilla
Aceitunas S.Coop And. (Agro Sevilla)
and Angel Camacho Alimentación, S.L.
(Camacho) for individual examination
as the mandatory respondents in this
administrative review.3 On April 5,
2024, Commerce extended the deadline
for the preliminary results review until
August 29, 2024.4 On July 22, 2024,
Commerce tolled certain deadlines in
this administrative proceeding by seven
days.5 The deadline for the preliminary
results is now September 5, 2024.
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.6 A list of topics
discussed in the Preliminary Decision
Memorandum is included in the
Appendix I to this notice. The
Preliminary Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
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, 88 FR
71829 (October 18, 2023) (Initiation Notice).
3 See Memorandum, ‘‘Companies to be Reviewed;
2022,’’ dated November 15, 2023.
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review,’’ dated April 5, 2024.
5 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
Review of the Countervailing Duty Order on Ripe
Olives from Spain; 2022,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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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.
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.7
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 subsidy program found
countervailable, we preliminarily find
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).8 For a
full description of the methodology
underlying our conclusions, including
our reliance, in part, on facts otherwise
available pursuant to sections 776(a)
and (b) of the Act, see the Preliminary
Determination Memorandum.
Partial Recission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the parties that requested a
review withdraw the request within 90
days of the date of publication of the
notice of initiation. Commerce received
timely filed withdrawal requests with
respect to one company, Plasoliva, S.L
(Plasoliva), pursuant to 19 CFR
351.213(d)(1).9 Because the withdrawal
request was timely filed, and no other
parties requested a review of this
company, in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding
this review of the Order with respect to
Plasoliva.
Additionally, Commerce’s practice is
to rescind an administrative review of a
countervailing duty 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.10 Normally,
7 Id.
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.
9 See Preliminary Decision Memorandum at the
section titled ‘‘Partial Rescission of Administrative
Review.’’
10 See, e.g., Lightweight Thermal Paper from the
People’s Republic of China: Notice of Rescission of
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upon completion of an administrative
review, the suspended entries are
liquidated at the countervailing duty
assessment rate calculated for the
review period.11 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 countervailing duty assessment
rate calculated for the review period.12
On February 8, 2024, we issued a
memorandum notifying parties of our
intent to rescind this administrative
review with respect to: (1) Aceitunera
del Norte de Cáceres, S.Coop.Ltda. de 2°
Grado; and (2) Alimentary Group DCoop
S.Coop. And.13 We received no
comments from interested parties
regarding our intention to rescind the
review with respect to these two
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 two
companies, in accordance with 19
CFR351.213(d)(3).
notice.15 Case briefs or other written
comments may be submitted to the
Assistant Secretary for Enforcement and
Compliance. A timeline for the
submission of case briefs and written
comments will be notified to interested
parties at a later date. Rebuttal briefs,
limited to issues raised in the case
briefs, may be filed not later than five
days after the date for filing case
briefs.16 Interested parties who submit
case briefs or rebuttal briefs in this
proceeding must submit: (1) a table of
contents listing each issue; and (2) a
table of authorities.17
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their brief that
should be limited to five pages total,
including footnotes. In this review, we
instead request that interested parties
provide at the beginning of their briefs
a public, executive summary for each
issue raised in their briefs.18 Further, we
request that interested parties limit their
public executive summary of each issue
to no more than 450 words, not
including citations. We intend to use
Preliminary Results of Review
the public executive summaries as the
Commerce preliminary determines
basis of the comment summaries
that the following net countervailable
included in the issues and decision
subsidy rates exist for the period
memorandum that will accompany the
January 1, 2022, through December 31,
final results in this administrative
2022:
review. We request that interested
parties include footnotes for relevant
Subsidy rate
citations in the executive summary of
Company
(percent ad
each issue. Note that Commerce has
valorem)
amended certain of its requirements
pertaining to the service of documents
Agro Sevilla Aceitunas
S.Coop And .......................
6.59 in 19 CFR 351.303(f).19
Pursuant to 19 CFR 351.310(c),
Angel Camacho
Alimentación, S.L. and its
interested parties who wish to request a
cross-owned affiliates 14 ....
12.69 hearing must submit a written request to
the Assistant Secretary for Enforcement
Disclosure and Public Comment
and Compliance, filed electronically via
We intend to disclose the calculations ACCESS. Requests should contain: (1)
the party’s name, address, and
performed for these preliminary results
telephone number; (2) the number of
to interested parties within five days
participants; and (3) a list of issues to be
after the date of publication of this
discussed. Issues raised in the hearing
will be limited to those raised in the
Countervailing Duty Administrative Review; 2015,
respective case briefs. An electronically
82 FR 14349 (March 20, 2017); see also Circular
Welded Carbon Quality Steel Pipe from the People’s filed hearing request must be received
Republic of China: Rescission of Countervailing
successfully in its entirety by
Duty Administrative Review; 2017, 84 FR 14650
Commerce’s electronic records system,
(April 11, 2019).
ACCESS, by 5 p.m. Eastern Time within
11 See 19 CFR 351.212(b)(2).
12 See
19 CFR 351.213(d)(3).
Memorandum, ‘‘Notice of Intent to Rescind
Review, in Part,’’ dated February 8, 2024. In this
memorandum, Commerce also notified parties of its
intent to rescind the administrative review with
respect to Plasilova. However, as discussed above,
Commerce is rescinding the review with respect to
Plasilova pursuant to 19 CFR 351.213(d)(1).
14 As discussed in the Preliminary Decision
Memorandum, Commerce found the following
companies to be cross-owned with Angel Camacho
Alimentación, S.L.: Grupo Angel Camacho, S.L.,
Cuarterola S.L., and Cucanoche S.L.
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15 See
19 CFR 351.224(b).
19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Final Rule).
17 See 19 351.309(c)(2) and (d)(2)
18 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
19 See APO and Service Final Rule.
16 See
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74211
30 days after the date of publication of
this notice.
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).
Assessment Rates
In accordance with section
751(a)(2)(C) of the Act and 19 CFR
351.221(b)(4)(i), we preliminarily
determined subsidy rates in the
amounts shown above for the
producers/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, countervailing duties 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).
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, 2022, through
December 31, 2022, in accordance with
19 CFR 351.212(c)(l)(i). Commerce
intends to issue appropriate assessment
instructions to CBP no earlier than 35
days after the date of publication of this
notice in the Federal Register.
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 U.S. Customs and
Border Protection (CBP) to collect cash
deposits of the estimated countervailing
duties 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
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Federal Register / Vol. 89, No. 177 / Thursday, September 12, 2024 / Notices
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 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.
Notification to Interested Parties
These preliminary results of review
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.213 and
351.221(b)(4).
Dated: September 5, 2024.
Abdelali Elouaradia,
Deputy 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. Partial Rescission of Administrative
Review
V. Subsidies Valuation
VI. Use of Facts Otherwise Available
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2024–20623 Filed 9–11–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Notice of Scope Ruling Applications
Filed in Antidumping and
Countervailing Duty Proceedings
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) received scope
ruling applications, requesting that
scope inquiries be conducted to
determine whether identified products
are covered by the scope of antidumping
duty (AD) and/or countervailing duty
(CVD) orders and that Commerce issue
scope rulings pursuant to those
inquiries. In accordance with
Commerce’s regulations, we are
notifying the public of the filing of the
scope ruling applications listed below
in the month of July 2024.
DATES: Applicable September 12, 2024.
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FOR FURTHER INFORMATION CONTACT:
Terri Monroe, AD/CVD Operations,
Customs Liaison Unit, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, telephone:
(202) 482–1384.
SUPPLEMENTARY INFORMATION:
Notice of Scope Ruling Applications
In accordance with 19 CFR
351.225(d)(3), we are notifying the
public of the following scope ruling
applications related to AD and CVD
orders and findings filed in or around
the month of June 2024. This
notification includes, for each scope
application: (1) identification of the AD
and/or CVD orders at issue (19 CFR
351.225(c)(1)); (2) concise public
descriptions of the products at issue,
including the physical characteristics
(including chemical, dimensional and
technical characteristics) of the products
(19 CFR 351.225(c)(2)(ii)); (3) the
countries where the products are
produced and the countries from where
the products are exported (19 CFR
351.225(c)(2)(i)(B)); (4) the full names of
the applicants; and (5) the dates that the
scope applications were filed with
Commerce and the name of the ACCESS
scope segment where the scope
applications can be found.1 This notice
does not include applications which
have been rejected and not properly
resubmitted. The scope ruling
applications listed below are available
on Commerce’s online e-filing and
document management system,
Antidumping and Countervailing Duty
Electronic Service System (ACCESS), at
https://access.trade.gov.
Scope Ruling Applications
Ceramic Tile from the People’s
Republic of China (China) (A–570–108/
C–570–109); Ornamental roof tiles,
components, decorations and board
brick (Ornamental Roof Tiles); 2
produced in and exported from China;
submitted by Landscape Associates, Inc.
1 See Regulations to Improve Administration and
Enforcement of Antidumping and Countervailing
Duty Laws, 86 FR 52300, 52316 (September 20,
2021) (Final Rule) (‘‘It is our expectation that the
Federal Register list will include, where
appropriate, for each scope application the
following data: (1) identification of the AD and/or
CVD orders at issue; (2) a concise public summary
of the product’s description, including the physical
characteristics (including chemical, dimensional
and technical characteristics) of the product; (3) the
country(ies) where the product is produced and the
country from where the product is exported; (4) the
full name of the applicant; and (5) the date that the
scope application was filed with Commerce.’’)
2 The products are Chinese ornamental roof tiles,
components, decorations and board brick made of
Kaolin clay, bauxite and porcelain clay.
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(Landscape Associates); July 1, 2024;
ACCESS scope segment ‘‘Landscape
Assoc. Ornamental Roof Tiles.’’
Magnesium Metal from China (A–
570–896); Magnesium Alloy Chips; 3
produced in and exported from Japan;
submitted by Monko LLC (Monko); July
2, 2024; ACCESS scope segment
‘‘Magnesium Alloy Chips.’’
Certain Steel Racks and Parts thereof
from China (A–570–088/C–570–089);
Steel Pods with or without additional
support (Steel Pods); 4 produced in and
exported from China; submitted by
LEDVANCE LLC (LEDVANCE); July 17,
2024; ACCESS scope segment ‘‘AGV
Steel Pods.’’
Boltless Steel Shelving Units
Prepackaged for Sale from China (A–
570–018/C–570–019); Steel Pods with or
without additional support (Steel
Pods); 5 produced in and exported from
China; submitted by LEDVANCE; July
17, 2024; ACCESS scope segment
‘‘Ledvance Steel Pods.’’
Forged Steel Fittings from Italy (A–
475–839); PFT Hub and Cap System
(Hub and Cap); 6 produced in and
exported from Italy; submitted by
National Oilwell Varco, L.P. (NOV); July
3 The products are magnesium alloy chips
consisting of 9% by weight of aluminum, 1% by
weight of zinc, and the remaining balance pure
magnesium ingot from China. The chips are grated
in a rectangular shape approximately 4 mm long
with a thickness of 1∼2mm.
4 The products are steel pods entered with or
without additional supports. The steel pods can be
characterized as a horizontal and rectangular
surface, which is supported off the ground with
four legs; one in each corner of the rectangle. The
pod legs are welded to the horizontal frame. The
surface is created by the intersection of bars
running across the rectangle. There is one main bar
that runs the long way from one end to the other;
and four supporting bars, which run perpendicular
to the main bar. They are all welded at the
perimeter, and to each other in the middle of the
rectangle. This describes the base unit of the pod.
It is made of carbon steel with an epoxy powder
coating.
5 The products are steel pods entered with or
without additional supports. The steel pods can be
characterized as a horizontal and rectangular
surface, which is supported off the ground with
four legs; one in each corner of the rectangle. The
pod legs are welded to the horizontal frame. The
surface is created by the intersection of bars
running across the rectangle. There is one main bar
that runs the long way from one end to the other;
and four supporting bars, which run perpendicular
to the main bar. They are all welded at the
perimeter, and to each other in the middle of the
rectangle. This describes the base unit of the pod.
It is made of carbon steel with an epoxy powder
coating.
6 The product is a PFT Hub and Cap System,
otherwise known as threaded closure, where a hub
is butt welded to the end of a pipe and cap is
threaded to the end of the hub. The system is
available for installation vertically, horizontally, or
angled. The PFT Hub and Cap System is available
in sizes from 2″ to 12″, and larger sizes upon
request.
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]]>Agencies
[Federal Register Volume 89, Number 177 (Thursday, September 12, 2024)]
[Notices]
[Pages 74210-74212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20623]
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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; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that certain producers/exporters of producers and exporters of ripe
olives from Spain received countervailable subsidies during the period
of review (POR), January 1, 2022, through December 31, 2022. In
addition, Commerce is rescinding the review, in part, with respect to
three companies. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable September 12, 2024.
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
October 18, 2023, Commerce published in the Federal Register the notice
of initiation of an administrative review of the Order.\2\ On November
15, 2023, Commerce selected Agro Sevilla Aceitunas S.Coop And. (Agro
Sevilla) and Angel Camacho Alimentaci[oacute]n, S.L. (Camacho) for
individual examination as the mandatory respondents in this
administrative review.\3\ On April 5, 2024, Commerce extended the
deadline for the preliminary results review until August 29, 2024.\4\
On July 22, 2024, Commerce tolled certain deadlines in this
administrative proceeding by seven days.\5\ The deadline for the
preliminary results is now September 5, 2024.
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\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, 88 FR 71829 (October 18, 2023) (Initiation
Notice).
\3\ See Memorandum, ``Companies to be Reviewed; 2022,'' dated
November 15, 2023.
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated April
5, 2024.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\6\ A list of topics discussed in the Preliminary Decision
Memorandum is included in the Appendix I 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.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Countervailing Duty
Order on Ripe Olives from Spain; 2022,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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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.\7\
---------------------------------------------------------------------------
\7\ 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 subsidy program found countervailable, we preliminarily
find 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).\8\ For a full description of the methodology
underlying our conclusions, including our reliance, in part, on facts
otherwise available pursuant to sections 776(a) and (b) of the Act, see
the Preliminary Determination 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.
---------------------------------------------------------------------------
Partial Recission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. Commerce received timely filed
withdrawal requests with respect to one company, Plasoliva, S.L
(Plasoliva), pursuant to 19 CFR 351.213(d)(1).\9\ Because the
withdrawal request was timely filed, and no other parties requested a
review of this company, in accordance with 19 CFR 351.213(d)(1),
Commerce is rescinding this review of the Order with respect to
Plasoliva.
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\9\ See Preliminary Decision Memorandum at the section titled
``Partial Rescission of Administrative Review.''
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Additionally, Commerce's practice is to rescind an administrative
review of a countervailing duty 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.\10\
Normally,
[[Page 74211]]
upon completion of an administrative review, the suspended entries are
liquidated at the countervailing duty assessment rate calculated for
the review period.\11\ 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 countervailing duty assessment rate calculated for the
review period.\12\
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\10\ 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).
\11\ See 19 CFR 351.212(b)(2).
\12\ See 19 CFR 351.213(d)(3).
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On February 8, 2024, we issued a memorandum notifying parties of
our intent to rescind this administrative review with respect to: (1)
Aceitunera del Norte de C[aacute]ceres, S.Coop.Ltda. de 2[deg] Grado;
and (2) Alimentary Group DCoop S.Coop. And.\13\ We received no comments
from interested parties regarding our intention to rescind the review
with respect to these two 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 two
companies, in accordance with 19 CFR351.213(d)(3).
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\13\ See Memorandum, ``Notice of Intent to Rescind Review, in
Part,'' dated February 8, 2024. In this memorandum, Commerce also
notified parties of its intent to rescind the administrative review
with respect to Plasilova. However, as discussed above, Commerce is
rescinding the review with respect to Plasilova pursuant to 19 CFR
351.213(d)(1).
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Preliminary Results of Review
Commerce preliminary determines that the following net
countervailable subsidy rates exist for the period January 1, 2022,
through December 31, 2022:
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\14\ 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.
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Subsidy rate
Company (percent ad
valorem)
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Agro Sevilla Aceitunas S.Coop And....................... 6.59
Angel Camacho Alimentaci[oacute]n, S.L. and its cross- 12.69
owned affiliates \14\..................................
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Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results to interested parties within five days after the
date of publication of this notice.\15\ Case briefs or other written
comments may be submitted to the Assistant Secretary for Enforcement
and Compliance. A timeline for the submission of case briefs and
written comments will be notified to interested parties at a later
date. Rebuttal briefs, limited to issues raised in the case briefs, may
be filed not later than five days after the date for filing case
briefs.\16\ Interested parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.\17\
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\15\ See 19 CFR 351.224(b).
\16\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\17\ See 19 351.309(c)(2) and (d)(2)
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\18\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this administrative review. We
request that interested parties include footnotes for relevant
citations in the executive summary of each issue. Note that Commerce
has amended certain of its requirements pertaining to the service of
documents in 19 CFR 351.303(f).\19\
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\18\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\19\ See APO and Service Final Rule.
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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 (3) a list of
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 p.m. Eastern Time
within 30 days after the date of publication of this notice.
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).
Assessment Rates
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.221(b)(4)(i), we preliminarily determined subsidy rates in the
amounts shown above for the producers/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, countervailing duties 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).
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, 2022, through December 31, 2022, in accordance with 19 CFR
351.212(c)(l)(i). Commerce intends to issue appropriate assessment
instructions to CBP no earlier than 35 days after the date of
publication of this notice in the Federal Register.
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 U.S. Customs
and Border Protection (CBP) to collect cash deposits of the estimated
countervailing duties 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
[[Page 74212]]
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 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.
Notification to Interested Parties
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.213 and 351.221(b)(4).
Dated: September 5, 2024.
Abdelali Elouaradia,
Deputy 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. Partial Rescission of Administrative Review
V. Subsidies Valuation
VI. Use of Facts Otherwise Available
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2024-20623 Filed 9-11-24; 8:45 am]
BILLING CODE 3510-DS-P
