62052 Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Notices 

1See Ripe Olives from Spain: Antidumping Duty 

Order, 83 FR 37465 (August 1, 2018); see also Ripe 

Olives from Spain: Notice of Correction to 

Antidumping Duty Order, 83 FR 39691 (August 10, 

2018). 

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) (Initiation Notice). 

4See Memorandum, ‘‘Respondent Selection,’’ 

dated November 10, 2022. 

5See Memorandum, ‘‘Extension of Deadline for 

Preliminary Results of Antidumping Duty 

Administrative Review,’’ dated April 11, 2023. 

6See Memorandum, ‘‘Decision Memorandum for 

Preliminary Results of Antidumping Duty 

Administrative Review: Ripe Olives from Spain; 

2021–2022,’’ dated concurrently with, and hereby 

adopted by, this notice (Preliminary Decision 

Memorandum). 

7See Plasoliva’s Letter, ‘‘Withdrawal Request for 

Administrative Review,’’ dated January 9, 2023. 

The meeting will be open to the 

public and will be accessible to people 

with disabilities. All guests are required 

to register in advance by the deadline 

identified under the DATE caption. 

Requests for auxiliary aids must be 

submitted by the registration deadline. 

Last minute requests will be accepted 

but may not be possible to fill. 

A limited amount of time before the 

close of the meeting will be available for 

oral comments from members of the 

public attending the meeting. Members 

of the public attending virtually who 

wish to speak during the public 

comment period must give the DFO 

advance notice in order to facilitate 

their access. To accommodate as many 

speakers as possible, the time for public 

comments will be limited to two to five 

minutes per person (depending on 

number of public participants). 

Individuals wishing to reserve speaking 

time during the meeting must contact 

Cora Dickson using the contact 

information above and submit a brief 

statement of the general nature of the 

comments, as well as the name and 

address of the proposed participant, by 

5:00 p.m. EDT on Monday, September 

18, 2023. If the number of registrants 

requesting to make statements is greater 

than can be reasonably accommodated 

during the meeting, the International 

Trade Administration may conduct a 

lottery to determine the speakers. 

Speakers are requested to submit a copy 

of their oral comments by email to Cora 

Dickson for distribution to the 

participants in advance of the meeting. 

Any member of the public may 

submit written comments concerning 

the REEEAC’s affairs at any time before 

or after the meeting. Comments may be 

submitted via email to the Renewable 

Energy and Energy Efficiency Advisory 

Committee, c/o: Cora Dickson, 

Designated Federal Officer, Office of 

Energy and Environmental Industries, 

U.S. Department of Commerce; 

Cora.Dickson@trade.gov. To be 

considered during the meeting, public 

comments must be transmitted to the 

REEEAC prior to the meeting. As such, 

written comments must be received no 

later than 5:00 p.m. EDT on Monday, 

September 18, 2023. Comments received 

after that date will be distributed to the 

members but may not be considered at 

the meeting. 

Copies of REEEAC meeting minutes 

will be available within 30 days 

following the meeting. 

Man K. Cho, 

Deputy Director, Office of Energy and 

Environmental Industries. 

[FR Doc. 2023–19379 Filed 9–7–23; 8:45 am] 

BILLING CODE 3510–DR–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–469–817] 

Ripe Olives From Spain: Preliminary 

Results of Antidumping Duty 

Administrative Review, and Partial 

Rescission of Review; 2021–2022 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 

finds that producers/exporters subject to 

this administrative review made sales of 

subject merchandise at less than normal 

value during the period of review (POR), 

August 1, 2021, through July 31, 2022. 

In addition, we are rescinding the 

administrative review with respect to 

one company. We invite interested 

parties to comment on these preliminary 

results. 

DATES: Applicable September 8, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Dusten Hom or Mary Kolberg, 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) 482–1785, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 1, 2018, Commerce 

published in the Federal Register the 

antidumping duty order on ripe olives 

(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 initiated the administrative 

review of seven companies.3 On 

November 10, 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 time limit for issuing the 

preliminary results of this review by 120 

days, to no later than August 31, 2023.5

For a complete description of the events 

between the initiation of this review and 

these preliminary results, see the 

Preliminary Decision Memorandum.6

A list of the 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 this Order 

are olives from Spain. For a full 

description of the scope of the Order, 

see the Preliminary Decision 

Memorandum. 

Methodology 

Commerce is conducting this review 

in accordance with section 751 of the 

Tariff Act of 1930, as amended (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 these 

preliminary results, see the Preliminary 

Decision Memorandum. 

Partial Rescission of Review 

Pursuant to 19 CFR 351.213(d)(1), 

Commerce will rescind an 

administrative review, in whole or in 

part, if the party that requested a review 

withdraws its request within 90 days of 

the date of publication of the notice of 

initiation. The request for an 

administrative review of Plasoliva, S.L 

(Plasoliva) was withdrawn within 90 

days of the date of publication of the 

Initiation Notice.7 No other party 

requested an administrative review of 

Plasoliva. As a result, Commerce is 

rescinding this review with respect to 


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Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Notices 62053 

8With two respondents under examination, 

Commerce normally calculates (A) a weightedaverage of the dumping margins calculated for the 

examined respondents; (B) a simple average of the 

dumping margins calculated for the examined 

respondents; and (C) a weighted-average of the 

dumping margins calculated for the examined 

respondent using each company’s publicly-ranged 

U.S. sales quantities 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., Ball Bearings and Parts thereof 

from France, Germany, Italy, Japan, and the United 

Kingdom’’ Final Results of Antidumping Duty 

Administrative Reviews, Final Results of ChangedCircumstances Review, and Revocation of an Order 

in Part, 75 FR 53661, 53663 (September 1, 2010). 

9See 19 CFR 351.224(b). 

10See 19 CFR 351.309(d). 

11See 19 CFR 351.309(c)(2) and (d)(2). 

12See 19 CFR 351.303. 

13See Temporary Rule Modifying AD/CVD 

Service Requirements Due to COVID–19; Extension 

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

14See 19 CFR 351.212(b)(1). 

15 In these preliminary results, Commerce applied 

the assessment rate calculation method adopted in 

Antidumping Proceedings: Calculation of the 

Weighted-Average Dumping Margin and 

Assessment Rate in Certain Antidumping Duty 

Proceedings; Final Modification, 77 FR 8101 

(February 14, 2012) (Final Modification for 

Reviews). 

16See Final Modification for Reviews, 77 FR at 

8103; see also 19 CFR 351.106(c)(2). 

this company, in accordance with 19 

CFR 351.213(d)(1). 

Rate for Non-Selected Companies 

The statute and Commerce’s 

regulations do not address the 

establishment of a rate to be applied to 

companies not selected for individual 

examination when Commerce limits its 

examination in an administrative review 

pursuant to section 777A(c)(2) of the 

Act. Generally, Commerce looks to 

section 735(c)(5) of the Act, which 

provides instructions for calculating the 

all-others rate in a market economy 

investigation, for guidance when 

calculating the rate for companies 

which were not selected for individual 

examination in an administrative 

review. Under section 735(c)(5)(A) of 

the Act, the all-others rate is normally 

‘‘an amount equal to the weightedaverage of the estimated weightedaverage dumping margins established 

for exporters and producers 

individually investigated excluding any 

zero or de minimis margins, and any 

margins determined entirely {on the 

basis of facts available.’’ In this review, 

we preliminarily calculated dumping 

margins for the two mandatory 

respondents, Agro Sevilla and Camacho, 

of 2.42 and 2.35 percent, respectively, 

and have assigned to the non-selected 

companies a rate of 2.39 percent, which 

is the weighted average dumping 

margins of Agro Sevilla and Camacho 

weighted by their publicly ranged U.S. 

sales values.8

Preliminary Results of Review 

We preliminarily determine that the 

following estimated weighted-average 

dumping margins exist for the period 

August 1, 2021, through July 31, 2022: 

Producer/exporter 

Weightedaverage 

dumping 

margin 

(percent) 

Agro Sevilla Aceitunas, S. Coop. And ................................................................................................................................................. 2.42 

Angel Camacho Alimentacion, S.L ...................................................................................................................................................... 2.35 

Aceitunas Guadalquivir, S.L.U ............................................................................................................................................................. 2.39 

Aceitunera del Norte de Ca ́ceres, S.Coop.Ltda. de 2 Grado ............................................................................................................. 2.39 

Alimentary Group DCOOP, S.Coop.And ............................................................................................................................................. 2.39 

Internacional Olivarera, S.A ................................................................................................................................................................. 2.39 

Disclosure 

We intend to disclose the calculations 

performed in connection with these 

preliminary results to interested parties 

within five days after public 

announcement of the preliminary 

results.9

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.10 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.11 Case and 

rebuttal briefs should be filed using 

ACCESS and must be served on 

interested parties.12 Note that 

Commerce has temporarily modified 

certain of its requirements for serving 

documents containing business 

proprietary information, until further 

notice.13

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 5:00 p.m. Eastern Time 

within 30 days after the date of 

publication of this notice. If a request 

for a hearing is made, Commerce 

intends to hold the hearing at a time and 

date to be determined. Parties should 

confirm by telephone the date, time, and 

location of the hearing two days before 

the scheduled date. 

Assessment Rates 

Upon completion of the final results, 

Commerce shall determine, and the U.S. 

Customs and Border Protection (CBP) 

shall assess, antidumping duties on all 

appropriate entries covered by this 

review.14 If a respondent’s weightedaverage dumping margin is not zero or 

de minimis (i.e., less than 0.5 percent) 

in the final results of this review, we 

intend to calculate an importer-specific 

assessment rate based on the ratio of the 

total amount of dumping calculated for 

each importer’s examined sales and the 

total entered value of those same sales 

in accordance with 19 CFR 

351.212(b)(1).15 If the respondent’s 

weighted-average dumping margin or an 

importer-specific assessment rate is zero 

or de minimis in the final results of this 

review, we intend to instruct CBP not to 

assess duties on any of its entries in 

accordance with the Final Modification 

for Reviews.16 The final results of this 

administrative review shall be the basis 

for the assessment of antidumping 

duties on entries of merchandise 

covered by the final results of this 


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62054 Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Notices 

17See section 751(a)(2)(C) of the Act. 

18For a full discussion of this practice, see 

Antidumping and Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 FR 23954 

(May 6, 2003). 

19See Ripe Olives from Spain: Antidumping Duty 

Order, 83 FR 37465 (August 1, 2018) (Order) at 

37466. 

1See Brass Rod from Brazil, India, Israel, Mexico, 

the Republic of Korea, and South Africa: Initiation 

of Less-Than-Fair-Value Investigations, 88 FR 

33579 (May 24, 2023) (Initiation Notice). 

review and for future deposits of 

estimated duties, where applicable.17

For entries of subject merchandise 

during the POR produced by either of 

the individually examined respondents 

for which they did not know that the 

merchandise was destined for the 

United States, we will instruct CBP to 

liquidate these entries at the all-others 

rate if there is no rate for the 

intermediate company(ies) involved in 

the transaction.18

For the companies identified above 

that were not selected for individual 

examination, we will instruct CBP to 

liquidate entries at the rates established 

after the completion of the final results 

of 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 

The following cash deposit 

requirements for estimated antidumping 

duties will be effective upon publication 

in the Federal Register of the notice of 

final results of this 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 weighted-average 

dumping margins established in the 

final results of the review; (2) for 

merchandise exported by companies not 

covered in this review but covered in a 

prior segment of this 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 less-than-fair-value 

(LTFV) investigation but the producer 

is, then the cash deposit rate will be the 

rate established in the completed 

segment for the most recent period for 

the producer of the merchandise; and 

(4) the cash deposit rate for all other 

producers or exporters will continue to 

be 19.98 percent,19 the all-others rate 

established in the LTFV investigation. 

These cash deposit requirements, when 

imposed, shall remain in effect until 

further notice. 

Final Results of Review 

Unless 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, 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: 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. Rescission of Review, In Part 

V. Rate for Non-Selected Companies 

VI. Discussion of the Methodology 

VII. Currency Conversion 

VIII. Recommendation 

[FR Doc. 2023–19384 Filed 9–7–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–351–859, A–533–915, A–508–814, A–201– 

858, A–580–916, A–791–828] 

Brass Rod From Brazil, India, Israel, 

Mexico, the Republic of Korea, and 

South Africa: Postponement of 

Preliminary Determinations in the 

Less-Than-Fair-Value Investigations 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable September 8, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Claudia Cott (Brazil), Christopher 

Williams (India), Andrew Hart (Israel), 

Frank Schmitt (Mexico), Drew Jackson 

(the Republic of Korea (Korea)), Dmitry 

Vladimirov (South Africa), AD/CVD 

Operations, Offices I, II, IV, VI, and IX, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–4270, 

(202) 482–5166, (202) 482–1058, (202) 

482–4880, (202) 482–4406, (202) 482– 

0665), respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 17, 2023, the U.S. 

Department of Commerce (Commerce) 

initiated less-than-fair-value (LTFV) 

investigations of imports of brass rod 

from Brazil, India, Israel, Mexico, Korea, 

and South Africa.1 Currently, the 

preliminary determinations are due no 

later than October 4, 2023. 

Postponement of Preliminary 

Determinations 

Section 733(b)(1)(A) of the Tariff Act 

of 1930, as amended (the Act), requires 

Commerce to issue the preliminary 

determination in a LTFV investigation 

within 140 days after the date on which 

Commerce initiated the investigation. 

However, section 733(c)(1)(A)(b)(1) of 

the Act permits Commerce to postpone 

the preliminary determination until no 

later than 190 days after the date on 

which Commerce initiated the 

investigation if: (A) the petitioner makes 

a timely request for a postponement; or 

(B) Commerce concludes that the parties 

concerned are cooperating, that the 

investigation is extraordinarily 

complicated, and that additional time is 

necessary to make a preliminary 

determination. Under 19 CFR 


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