Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices 28193 

1See Ripe Olives from Spain: Preliminary 

Affirmative Determination of Sales at Less Than 

Fair Value, Postponement of Final Determination, 

and Extension of Provisional Measures, 83 FR 3677 

(January 26, 2018) and accompanying Preliminary 

Decision Memorandum (Preliminary Decision 

Memorandum) (collectively, Preliminary 

Determination). 

2See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Affirmative 

Determination in the Less than Fair Value 

Investigation of Ripe Olives from Spain,’’ dated 

concurrently with, and hereby adopted by, this 

notice (Issues and Decision Memorandum). 

3See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997). 

4See Ripe Olives from Spain: Initiation of LessThan-Fair-Value Investigation, 82 FR 33054 (July 

19, 2017) (Initiation Notice). 

5The Coalition for Fair Trade on Ripe Olives. 

6See Memorandum, ‘‘Ripe Olives from Spain: 

Post-Preliminary Scope Clarification Decision 

Memorandum,’’ dated April 3, 2018. 

7See Issues and Decision Memorandum at 

Comment 1. 

8 In the Preliminary Determination the company 

name was spelled incorrectly as Agro Sevilla 

Aceitunas S.COOP Anndalusia. The correct spelling 

of the company name is Agro Sevilla Aceitunas 

S.COOP Andalusia. 

9See the ‘‘Discussion of the Issues’’ section of the 

Issues and Decision Memorandum and the 

company-specific analysis memoranda dated 

concurrently with, and hereby incorporated by, this 

notice. 

containing at least 10.5 percent chromium by 

weight and less than 1.2 percent carbon by 

weight), aluminum, or composite fiber 

material. Composite fiber material is material 

consisting of the mechanical combination of 

two components: fiber (typically glass, 

carbon, or aramid (synthetic polymer)) and a 

matrix material (typically polymer resin, 

ceramic, or metallic). 

The merchandise subject to this 

investigation is properly classified under 

statistical reporting numbers 7311.00.0060 

and 7311.00.0090 of the Harmonized Tariff 

Schedule of the United States (HTSUS). 

Although the HTSUS statistical reporting 

numbers are provided for convenience and 

customs purposes, the written description of 

the merchandise is dispositive. 

[FR Doc. 2018–12998 Filed 6–15–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–469–817] 

Ripe Olives From Spain: Final 

Affirmative Determination of Sales at 

Less Than Fair Value 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) determines that ripe olives 

from Spain are being, or are likely to be, 

sold in the United States at less than fair 

value (LTFV). The period of 

investigation (POI) is April 1, 2016, 

through March 31, 2017. 

DATES: Applicable June 18, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Catherine Cartsos, Bryan Hansen or 

Peter Zukowski, 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) 482–1757, 

(202) 482–3683 or (202) 482–0189, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On January 26, 2018, Commerce 

published the Preliminary 

Determination of this LTFV 

investigation in which Commerce found 

that ripe olives from Spain were sold at 

LTFV.1 For a summary of the events that 

have occurred since Commerce 

published the Preliminary 

Determination, as well as a full 

discussion of the issues raised by parties 

for this final determination, see the 

Issues and Decision Memorandum.2

Scope of the Investigation 

The product covered by this 

investigation is ripe olives from Spain. 

For a complete description of the scope 

of this investigation, see Appendix I. 

Scope Comments 

In accordance with the preamble to 

Commerce’s regulations,3 the Initiation 

Notice set aside a period of time for 

parties to raise issues regarding product 

coverage (i.e., scope). No interested 

party commented on the scope of the 

investigation as it appeared in the 

Initiation Notice during the scope 

comment period.4 In the context of 

supplemental questionnaire responses, 

two of the three mandatory respondents 

in the LTFV investigation reported sales 

of cocktail mixes but stated that they 

believe cocktail mixes are not within the 

scope of the investigation. In response, 

the petitioner 5 commented that the 

respondents cannot unilaterally 

determine whether cocktail mixes are 

outside the scope. For the Preliminary 

Determination, we did not modify the 

scope language as it appeared in the 

Initiation Notice. We included all sales 

of cocktail mixes and their associated 

costs in our margin calculations, and 

solicited further information from 

parties concerning cocktail mixes for 

purposes of the final determination. In 

the April 3, 2018, post-preliminary 

analysis we issued with respect to the 

scope of the investigation, we found 

that: (i) Ripe olives contained in cocktail 

mixes are in the scope, but that the 

remaining ingredients are not in the 

scope, and (ii) we clarified the scope by 

adding language concerning ripe olives 

contained in cocktail mixes.6 As a result 

of our analysis of comments received in 

response to this post-preliminary 

analysis, we have modified the scope of 

this investigation for this final 

determination. For a summary of the 

product coverage comments and 

rebuttal responses submitted to the 

record for this final determination, and 

accompanying discussion and analysis 

of all comments timely received, see the 

Issues and Decision Memorandum.7

Verification 

As provided in section 782(i) of the 

Act, in February and March 2018, we 

conducted verification of the 

information reported by the mandatory 

respondents Aceitunas Guadalquivir 

S.L. (AG), Agro Sevilla Aceitunas 

S.COOP Andalusia (Agro Sevilla),8 and 

Angel Camacho Alimentacion S.L. 

(Camacho) for use in our final 

determination. We used standard 

verification procedures, including an 

examination of relevant accounting and 

production records and original source 

documents provided by the 

respondents. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs that were submitted by 

parties in this investigation are 

addressed in the Issues and Decision 

Memorandum. A list of these issues is 

attached to this notice as Appendix II. 

The Issues and 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, and to all 

parties in the Central Records Unit, 

room B8024 of the main Department of 

Commerce building. In addition, a 

complete version of the Issues and 

Decision Memorandum can be accessed 

directly at http://enforcement.trade.gov/ 

frn/. 

Changes Since the Preliminary 

Determination and Use of Partial 

Adverse Facts Available 

Based on our analysis of the 

comments received and our findings at 

verification, we made certain changes to 

the margin calculations for AG, Agro 

Sevilla and Camacho.9 In addition, we 

revised the margin calculations for 

Camacho to reflect the application of 

partial facts available with an adverse 

inference pursuant to section 776(b) of 


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28194 Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices 

10For a complete analysis of the data, see 

Memorandum, ‘‘Less-Than-Fair-Value Investigation 

of Ripe Olives from Spain: Calculation of the AllOthers Rate in the Final Determination,’’ dated 

concurrently with this notice. 

11The cash deposit rate is equal to the calculated 

estimated weighted-average dumping margin 

adjusted for the appropriate export subsidy offset(s). 

See final countervailing duty (CVD) determination, 

‘‘Ripe Olives from Spain: Final Affirmative 

Countervailing Duty Determination,’’ signed 

concurrently with this notice. 

12 In the companion CVD investigation, this 

company’s name is spelled as Aceitunas 

Guadalquivir S.L.U. 

13See Memorandum, ‘‘Final Determination 

Calculations for Aceitunas Guadalquivir, S.L.U.,’’ 

dated concurrently with this notice. 

14 In the companion CVD investigation, this 

company’s name is spelled as Agro Sevilla 

Aceitunas S.Coop.And. 

15See Memorandum, ‘‘Final Determination 

Calculations for Agro Sevilla Aceitunas 

S.Coop.And.,’’ dated concurrently with this notice. 

16See Memorandum, ‘‘Final Determination 

Calculations for Angel Camacho Alimentacion 

S.L.,’’ dated concurrently with this notice. 

17See, e.g., Welded Line Pipe from the Republic 

of Turkey: Final Determination of Sales at Less 

Than Fair Value, 80 FR 61362, 61364 (October 13, 

2015); Notice of Final Determination of Sales at 

Less Than Fair Value and Negative Critical 

Circumstances Determination: Bottom Mount 

Combination Refrigerator-Freezers From the 

Republic of Korea, 77 FR 17413, 17417 (March 26, 

2012). 

18The provisional measures for the CVD 

investigation of ripe olives from Spain have 

currently expired (i.e., exceeded the maximum fourmonth period), and, therefore, no adjustment for 

countervailed export subsidies is warranted. 

the Act. For a discussion of these 

changes, see the Issues and Decision 

Memorandum. We have also revised the 

estimated weighted-average dumping 

margin for all-other producers or 

exporters (the all-others rate). 

All-Others Rate 

Section 735(c)(5)(A) of the Act 

provides that in the final determination 

Commerce shall determine an estimated 

weighted-average dumping margin for 

all exporters or producers not 

individually examined. This rate shall 

be an amount equal to the weighted 

average of the estimated weightedaverage dumping margins established 

for exporters or producers individually 

examined, excluding any rates that are 

zero, de minimis or determined entirely 

under section 776 of the Act. In this 

investigation, we calculated estimated 

weighted-average dumping margins for 

the individually examined respondents 

that are not zero, de minimis, or based 

entirely on facts otherwise available. 

Because there are three estimated 

weighted-average dumping margins and 

doing so would not reveal business 

proprietary information, we calculated 

the all-others rate using a weightedaverage of the estimated weightedaverage dumping margins calculated for 

the examined respondents using each 

company’s business proprietary data for 

the merchandise under consideration.10

Final Determination 

We determine that the following 

estimated weighted-average dumping 

margins exist: 

Exporter or 

producer 

Estimated 

weightedaverage 

dumping 

margin 

(percent) 

Adjusted for 

export 

subsidies 

(percent) 11

Aceitunas Guadalquivir 

S.L. 12 ............ 17.46 13 17.45 

Agro Sevilla 

Aceitunas 

S.COOP Andalusia 14 ....... 25.50 15 25.39 

Angel Camacho 

Alimentacion ..

S.L. ................... 16.88 16 16.83 

All-Others .......... 20.04 19.98 

Disclosure 

We intend to disclose to interested 

parties the calculations and analysis 

performed in this final determination 

within five days of any public 

announcement or, if there is no public 

announcement, within five days of the 

date of publication of this notice in 

accordance with 19 CFR 351.224(b). 

Continuation of Suspension of 

Liquidation 

In accordance with section 

735(c)(1)(B) of the Act, Commerce will 

instruct U.S. Customs and Border 

Protection (CBP) to continue to suspend 

liquidation of all appropriate entries of 

ripe olives from Spain as described in 

Appendix I of this notice, which were 

entered, or withdrawn from warehouse, 

for consumption on or after January 26, 

2018, the date of publication of the 

Preliminary Determination of this 

investigation in the Federal Register. 

Pursuant to section 735(c)(1)(B) of the 

Act and 19 CFR 351.210(d), Commerce 

will instruct CBP to require a cash 

deposit as follows: (1) The cash deposit 

rate for the respondents listed above 

under Final Determination will be equal 

to their respondent-specific estimated 

weighted-average dumping margin; (2) if 

the exporter is not a respondent 

identified above, but the producer is, 

then the cash deposit rate will be equal 

to the respondent-specific estimated 

weighted-average dumping margin 

established for that producer of the 

subject merchandise; (3) for all other 

producers or exporters of ripe olives to 

the United States, the cash deposit rate 

will be equal to the all-others rate. 

Further, Commerce will instruct CBP 

to require a cash deposit equal to the 

estimated amount by which the normal 

value (NV) exceeds the U.S. price as 

shown above, adjusted where 

appropriate for export subsidies found 

in the final determination of the 

companion CVD investigation. 

Consistent with Commerce’s practice, 

where the product under investigation 

is also subject to a concurrent CVD 

investigation, Commerce instructs CBP 

to require a cash deposit equal to the 

estimated weighted-average dumping 

margin, less the amount of the CVD 

determined to constitute an export 

subsidy.17 Therefore, in the event that a 

CVD order is issued and suspension of 

liquidation is resumed in the 

companion CVD investigation on ripe 

olives from Spain,18 Commerce will 

instruct CBP to require cash deposits 

adjusted by the amount of export 

subsidies, as appropriate. These 

adjustments are reflected in the final 

column of the rate chart, above. Until 

such suspension of liquidation is 

resumed in the companion CVD 

investigation, and so long as suspension 

of liquidation continues under this 

antidumping duty investigation, the 

cash deposit rates for this antidumping 

duty investigation will be the rates 

identified in the estimated weightedaverage dumping margin column in the 

rate chart, above. 

These suspension of liquidation 

instructions will remain in effect until 

further notice. 

International Trade Commission 

Notification 

In accordance with section 735(d) of 

the Act, Commerce will notify the 

International Trade Commission (ITC) of 

its final determination. Because the final 

determination in this proceeding is 

affirmative, in accordance with section 

735(b)(2)(B) of the Act, the ITC will 

make its final determination as to 

whether the domestic industry in the 

United States is materially injured, or 

threatened with material injury, by 

reason of imports of ripe olives from 

Spain no later than 45 days after 

Commerce’s final determination. If the 

ITC determines that material injury or 

threat of material injury does not exist, 

the proceeding will be terminated and 

all securities posted will be refunded or 

canceled. If the ITC determines that 

such injury does exist, Commerce will 

issue an antidumping duty order 

directing CBP to assess, upon further 

instruction by Commerce, antidumping 

duties on appropriate imports of the 

subject merchandise entered, or 

withdrawn from warehouse, for 


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Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices 28195 

19Some of the major types of specialty olives and 

their curing methods are: 

• ‘‘Spanish-style’’ green olives: Spanish-style 

green olives have a mildly salty, slightly bitter taste, 

and are usually pitted and stuffed. This style of 

olive is primarily produced in Spain and can be 

made from various olive varieties. Most are stuffed 

with pimento; other popular stuffings are jalapeno, 

garlic, and cheese. The raw olives that are used to 

produce Spanish-style green olives are picked while 

they are unripe, after which they are submerged in 

an alkaline solution for typically less than a day to 

partially remove their bitterness, rinsed, and 

fermented in a strong salt brine, giving them their 

characteristic flavor. 

• ‘‘Sicilian-style’’ green olives: Sicilian-style 

olives are large, firm green olives with a natural 

bitter and savory flavor. This style of olive is 

produced in small quantities in the United States 

using a Sevillano variety of olive and harvested 

green with a firm texture. Sicilian-style olives are 

processed using a brine-cured method, and undergo 

a full fermentation in a salt and lactic acid brine 

for 4 to 9 months. These olives may be sold whole 

unpitted, pitted, or stuffed. 

• ‘‘Kalamata’’ olives: Kalamata olives are slightly 

curved in shape, tender in texture, and purple in 

color, and have a rich natural tangy and savory 

flavor. This style of olive is produced in Greece 

using a Kalamata variety olive. The olives are 

harvested after they are fully ripened on the tree, 

and typically use a brine-cured fermentation 

method over 4 to 9 months in a salt brine. 

• Other specialty olives in a full range of colors, 

sizes, and origins, typically fermented in a salt 

brine for 3 months or more. 

consumption on or after the effective 

date of the suspension of liquidation. 

Notification to Interested Parties 

This notice serves as a reminder to 

parties subject to an administrative 

protective order (APO) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of the return or 

destruction of APO materials, or 

conversion to judicial protective order, 

is hereby requested. Failure to comply 

with the regulations and the terms of an 

APO is a violation subject to sanction. 

This determination and this notice are 

issued and published pursuant to 

sections 735(d) and 777(i)(1) of the Act. 

Dated: June 11, 2018. 

Gary Taverman, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations, 

performing the non-exclusive functions and 

duties of the Assistant Secretary for 

Enforcement and Compliance. 

Appendix I—Scope of the Investigation 

The products covered by this investigation 

are certain processed olives, usually referred 

to as ‘‘ripe olives.’’ The subject merchandise 

includes all colors of olives; all shapes and 

sizes of olives, whether pitted or not pitted, 

and whether whole, sliced, chopped, minced, 

wedged, broken, or otherwise reduced in 

size; all types of packaging, whether for 

consumer (retail) or institutional (food 

service) sale, and whether canned or 

packaged in glass, metal, plastic, 

multilayered airtight containers (including 

pouches), or otherwise; and all manners of 

preparation and preservation, whether low 

acid or acidified, stuffed or not stuffed, with 

or without flavoring and/or saline solution, 

and including in ambient, refrigerated, or 

frozen conditions. 

Included are all ripe olives grown, 

processed in whole or in part, or packaged 

in Spain. Subject merchandise includes ripe 

olives that have been further processed in 

Spain or a third country, including but not 

limited to curing, fermenting, rinsing, 

oxidizing, pitting, slicing, chopping, 

segmenting, wedging, stuffing, packaging, or 

heat treating, or any other processing that 

would not otherwise remove the 

merchandise from the scope of the 

investigation if performed in Spain. 

Subject merchandise includes ripe olives 

that otherwise meet the definition above that 

are packaged together with non-subject 

products, where the smallest individual 

packaging unit (e.g., can, pouch, jar, etc.) of 

any such product—regardless of whether the 

smallest unit of packaging is included in a 

larger packaging unit (e.g., display case, 

etc.)—contains a majority (i.e., more than 50 

percent) of ripe olives by net drained weight. 

The scope does not include the non-subject 

components of such product. 

Excluded from the scope are: (1) Specialty 

olives 19 (including ‘‘Spanish-style,’’ 

‘‘Sicilian-style,’’ and other similar olives) that 

have been processed by fermentation only, or 

by being cured in an alkaline solution for not 

longer than 12 hours and subsequently 

fermented; and (2) provisionally prepared 

olives unsuitable for immediate consumption 

(currently classifiable in subheading 0711.20 

of the Harmonized Tariff Schedule of the 

United States (HTSUS)). 

The merchandise subject to this 

investigation is currently classifiable under 

subheadings 2005.70.0230, 2005.70.0260, 

2005.70.0430, 2005.70.0460, 2005.70.5030, 

2005.70.5060, 2005.70.6020, 2005.70.6030, 

2005.70.6050, 2005.70.6060, 2005.70.6070, 

2005.70.7000, 2005.70.7510, 2005.70.7515, 

2005.70.7520, and 2005.70.7525 HTSUS. 

Subject merchandise may also be imported 

under subheadings 2005.70.0600, 

2005.70.0800, 2005.70.1200, 2005.70.1600, 

2005.70.1800, 2005.70.2300, 2005.70.2510, 

2005.70.2520, 2005.70.2530, 2005.70.2540, 

2005.70.2550, 2005.70.2560, 2005.70.9100, 

2005.70.9300, and 2005.70.9700. Although 

HTSUS subheadings are provided for 

convenience and US Customs purposes, they 

do not define the scope of the investigation; 

rather, the written description of the subject 

merchandise is dispositive. 

Appendix II—List of Topics Discussed 

in the Issues and Decision 

Memorandum 

I. Summary 

II. Background 

III. Scope of the Investigation 

IV. Scope Comments 

V. Discussion of the Issues 

Comment 1: Clarify Scope to Include Ripe 

Olives Contained in Cocktail Mixes 

Comment 2: Particular Market Situation 

Allegation 

Comment 3: Whether Commerce Should 

Apply its Differential Pricing 

Methodology 

Comment 4: Agro Sevilla’s and Camacho’s 

Constructed Export Price Indirect Selling 

Expenses 

Comment 5: Camacho Corrections 

Presented at Verification 

Comment 6: Camacho Ministerial Error 

Regarding Mixed Currencies 

Comment 7: Camacho Cost Verification 

Findings 

Comment 8: Camacho Purchases of Olives 

from Affiliated Parties 

Comment 9: Camacho’s Plantilla Price 

Adjustments 

Comment 10: Camacho’s CEP Offset 

Comment 11: Camacho’s Home Market 

Credit Expense 

Comment 12: Camacho’s Revised Control 

Number 

Comment 13: Camacho’s U.S. Sales of 

Merchandise Manufactured by an 

Unaffiliated Party 

Comment 14: Camacho’s Margin Should Be 

Based on Adverse Facts Available 

Comment 15: AG Minor Corrections 

Presented During Sales and Cost 

Verifications 

Comment 16: AG Home Market 

Commission Expenses 

Comment 17: AG Freight Credit 

Comment 18: AG Whether Local Taxes 

should be included in the General and 

Administrative (G&A) Expenses 

Comment 19: AG Unexplained Cost 

Reconciliation Difference 

Comment 20: Whether Commerce Should 

Adjust AG’s Reported Cost of Raw 

Materials to Reflect Consumption Costs 

versus POI Purchases 

Comment 21: Classification of Machinery 

Depreciation Expense 

Comment 22: Agro Sevilla Corrections 

Presented During Sales Verifications 

Comment 23: Agro Sevilla’s Pick-Up 

Adjustment Expense 

Comment 24: Agro Sevilla’s Unreported 

Pallet Revenues 

Comment 25: Agro Sevilla’s Total Cost of 

Manufacturing 

Comment 26: Agro Sevilla’s Financial 

Expenses 

Comment 27: Agro Sevilla’s Affiliated 

Purchases 

VI. Recommendation 

[FR Doc. 2018–12991 Filed 6–15–18; 8:45 am] 

BILLING CODE 3510–DS–P 


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