Federal Register / Vol. 88, No. 172 / Thursday, September 7, 2023 / Notices 61517 

6See Memorandum, ‘‘Notice of Intent to Rescind 

Review, In Part,’’ dated November 28, 2022. 

7See 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. 

8See 19 CFR 351.224(b). 

9See 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). 

10See 19 CFR 351.309(c)(2) and (d)(2). 

11See generally 19 CFR 351.303. 

12See 19 CFR 351.303(f). 

13See Temporary Rule. 

14See 19 CFR 351.310(c). 

15See 19 CFR 351.212(b)(1). 

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 

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 

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 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 

determines that countervailable 


ddrumheller on DSK120RN23PROD with NOTICES1
61518 Federal Register / Vol. 88, No. 172 / Thursday, September 7, 2023 / Notices 

1See Ripe Olives from Spain: Amended Final 

Affirmative Countervailing Duty Determination and 

Countervailing Duty Order, 83 FR 37469 (August 1, 

2018) (Order). 

2See Antidumping or Countervailing Duty Order, 

Finding, or Suspended Investigation; Opportunity 

to Request Administrative Review, 87 FR 47187 

(August 2, 2022). 

3See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 87 FR 

61278 (October 11, 2022). 

4See Memorandum, ‘‘Respondent Selection 

Memorandum; 2021,’’ dated December 14, 2022. 

5See Memorandum, ‘‘Extension of Deadline for 

Preliminary Results of Countervailing Duty 

Administrative Review,’’ dated April 11 2023. 

6See 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). 

7See, 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). 

8See 19 CFR 351.212(b)(2). 

9See 19 CFR 351.213(d)(3). 

10With 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). 

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 

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

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: 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 172 / Thursday, September 7, 2023 / Notices 61519 

11As discussed in the Preliminary Decision 

Memorandum, Commerce found the following 

companies to be cross-owned with Angel Camacho 

Alimentacio ́n, S.L.: Grupo Angel Camacho, S.L., 

Cuarterola S.L., and Cucanoche S.L. 

12This 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. 

13Commerce 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. 

14See 19 CFR 351.224(b). 

15See 19 CFR 351.309(d). 

16See 19 CFR 351.309(c)(2) and (d)(2). 

17See 19 CFR 351.303. 

18See Temporary Rule Modifying AD/CVD 

Service Requirements Due to COVID–19; Extension 

of Effective Period, 85 FR 41363 (July 10, 2020). 

Producer/exporter 

Subsidy rate 

(percent 

ad valorem) 

Agro Sevilla Aceitunas 

S.Coop. And ...................... 7.01 

Angel Camacho 

Alimentacio ́n, S.L. and its 

cross-owned affiliates 11 .... 9.12 

Review-Specific Average Rate Applicable 

to the Following Companies 12

Aceitunas Guadalquivir, 

S.L 13 ................................. 7.83 

Disclosure 

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

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

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 


ddrumheller on DSK120RN23PROD with NOTICES1