[Federal Register Volume 85, Number 248 (Monday, December 28, 2020)]
[Notices]
[Pages 84297-84299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28590]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-817]


Ripe Olives From Spain: Preliminary Results of Antidumping Duty 
Administrative Review; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
producers or exporters subject to this administrative review made sales 
of subject merchandise at less than normal value during the period of 
review (POR), January 26, 2018 through July 31, 2019. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable December 28, 2020.

FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Dmitry Vladimirov, 
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) 482-5760 or (202) 482-
0665, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 7, 2019, Commerce initiated the administrative review of 
the antidumping duty order on ripe olives (olives) from Spain.\1\ On 
April 24, 2020, Commerce tolled all deadlines in administrative reviews 
by 50 days,

[[Page 84298]]

thereby extending the deadline for these preliminary results until June 
22, 2020.\2\ On June 2, 2020, Commerce extended the time limit for 
these preliminary results to October 19, 2020, in accordance with 
section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the 
Act).\3\ On July 21, 2020, Commerce tolled all deadlines in 
administrative reviews by an additional 60 days, thereby extending the 
deadline for these preliminary results until December 18, 2020.\4\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 53411 (October 7, 2019).
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
    \3\ See Memorandum, ``Ripe Olives from Spain: Extension of 
Deadline for Preliminary Results of 2018-2019 Antidumping Duty 
Administrative Review,'' dated June 2, 2020.
    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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Scope of the Order

    The merchandise subject to the order are ripe olives. For a 
complete description of the scope of this administrative review, see 
the Preliminary Decision Memorandum.\5\
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    \5\ See Memorandum, ``Ripe Olives from Spain: Decision 
Memorandum for Preliminary Results of Antidumping Duty 
Administrative Review; 2018-2019,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(2) of the Act. Export price and constructed export price are 
calculated in accordance with section 772 of the Act. Normal value is 
calculated in accordance with section 773 of the Act. For a full 
description of the methodology underlying our conclusions, see 
Preliminary Decision Memorandum. 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 http://access.trade.gov. In addition, a complete version of 
the Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/index.html. A list of the topics discussed in 
the Preliminary Decision Memorandum is attached as an Appendix to this 
notice.

Preliminary Results of Review

    We preliminarily determine that the following weighted-average 
dumping margins exist for the period January 26, 2018 through July 31, 
2019.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Producer/Exporter                         dumping
                                                              margin
                                                             (Percent)
------------------------------------------------------------------------
Agro Sevilla Aceitunas S.COOP Andalusia.................           16.51
Angel Camacho Alimentacion S.L..........................           22.31
Alimentary Group Dcoop S. Coop. And.....................            7.66
------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose the calculations performed to parties in this 
administrative review within five days after public announcement of the 
preliminary results in accordance with 19 CFR 351.224(b).
    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs 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.\6\ Commerce has modified certain of its requirements for 
serving documents containing business proprietary information until 
further notice.\7\ 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.\8\
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    \6\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 (March 
26, 2020) (``To provide adequate time for release of case briefs via 
ACCESS, E&C intends to schedule the due date for all rebuttal briefs 
to be 7 days after case briefs are filed (while these modifications 
remain in effect).'')
    \7\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).
    \8\ See 19 CFR 351.303 (for general filing requirements).
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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. If a request for a hearing 
is made, Commerce intends to hold the hearing at a time and date to be 
determined. 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.\9\
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    \9\ See 19 CFR 351.310(c).
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    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, no later than 120 days after the date of 
publication of this notice, unless extended, pursuant to section 
751(a)(3)(A) of the Act.

Assessment Rates

    Upon completion of the final results, Commerce shall determine and 
U.S. Customs and Border Protection (CBP) shall assess antidumping 
duties on all appropriate entries. If the weighted-average dumping 
margin for either Agro Sevilla Aceitunas S.COOP Andalusia, Angel 
Camacho Alimentacion S.L., or Alimentary Group Dcoop S. Coop. And., is 
not zero or de minimis in the final results of this review, we will 
calculate, for each company, an importer-specific assessment rate on 
the basis of the ratio of the total amount of dumping calculated for 
each importer's examined sales and the total entered value of such 
sales in accordance with 19 CFR 351.212(b)(1).\10\ If any of these 
companies' weighted-average dumping margin is zero or de minimis in the 
final results of review, or if an importer-specific assessment rate for 
one of these companies is zero or de minimis, Commerce will instruct 
CBP to liquidate appropriate entries without regards to antidumping 
duties.\11\ For entries of subject merchandise during the POR produced 
by any of these companies for which it did not know its merchandise was 
destined for the United States, we will instruct CBP to liquidate 
unreviewed entries.\12\
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    \10\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
    \11\ Id. at 8102-03; see also 19 CFR 351.106(c)(2).
    \12\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    We intend to issue liquidation instructions to CBP fifteen days 
after publication of the final results of this review. The final 
results of this administrative review shall be the basis for the 
assessment of antidumping duties on entries of merchandise under review 
and for future cash deposits of estimated antidumping duties, where 
applicable.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon

[[Page 84299]]

publication in the Federal Register of the notice of final results of 
administrative review for all shipments of olives from Spain entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication as provided by section 751(a)(2) of the Act: (1) The cash 
deposit rate for companies subject to this review will be equal to the 
company-specific weighted-average dumping margin established in the 
final results of the review; (2) for merchandise exported by a company 
not covered in this review but covered in a prior segment of the 
proceeding, the cash deposit rate will continue to be the company-
specific rate published in the completed segment for the most recent 
period; (3) if the exporter is not a firm covered in this review, a 
prior review, or the original investigation but the producer is, the 
cash deposit rate will be the rate established in the completed segment 
for the most recent period for the producer of the merchandise; (4) the 
cash deposit rate for all other producers or exporters will be the all-
others rate established in the less-than-fair-value investigation for 
this proceeding, 19.98 percent.\13\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \13\ See Ripe Olives from Spain: Antidumping Duty Order, 83 FR 
37465 (August 1, 2018).
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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 duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

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 351.221.

    Dated: December 18, 2020.
Jeffrey I. Kessler,
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. Requests for Withdrawal of Administrative Review
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2020-28590 Filed 12-23-20; 8:45 am]
BILLING CODE 3510-DS-P