Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Notices 37465 

1See Ripe Olives from Spain: Final Affirmative 

Determination of Sales at Less Than Fair Value, 83 

FR 28193 (June 18, 2018) (Final Determination). 

2See Notification Letter from the ITC dated July 

25, 2018 (ITC Letter). 

3See ITC Letter. 

4See 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) (Preliminary Determination). 

5See sections 736(a)(3) of the Act. 

6See Final Determination, 83 FR at 28194. 

7See Preliminary Determination, 83 FR at 3679. 

8See, e.g., Certain Corrosion-Resistant Steel 

Products from India, Italy, the People’s Republic of 

China, the Republic of Korea and Taiwan: 

Amended Final Affirmative Antidumping 

Determination for India and Taiwan, and 

Antidumping Duty Orders, 81 FR 48390 (July 25, 

2016). 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–469–817] 

Ripe Olives From Spain: Antidumping 

Duty Order 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: Based on affirmative final 

determinations by the Department of 

Commerce (Commerce) and the 

International Trade Commission (ITC), 

Commerce is issuing an antidumping 

duty order on ripe olives from Spain. 

DATES: Applicable August 1, 2018. 

FOR FURTHER INFORMATION CONTACT: 

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) 482–3683 or (202) 482–0189, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

In accordance with sections 735(d) 

and 777(i)(1) of the Tariff Act of 1930, 

as amended (the Act), and 19 CFR 

351.210(c), on June 18, 2018, Commerce 

published its affirmative final 

determination in the less-than-fair-value 

(LTFV) investigation of ripe olives from 

Spain.1 On July 25, 2018, the ITC 

notified Commerce of its final 

determination pursuant to section 

735(b)(1)(A) of the Act that an industry 

in the United States is materially 

injured by reason of the LTFV imports 

of ripe olives from Spain.2

Scope of the Order 

The merchandise covered by this 

order is ripe olives. For a complete 

description of the scope of the order, see 

the Appendix to this notice. 

Antidumping Duty Order 

On July 25, 2018, in accordance with 

sections 735(b)(1)(A) and 735(d) of the 

Act, the ITC notified Commerce of its 

final determination in this investigation, 

in which it found that an industry in the 

United States is materially injured by 

reason of imports of ripe olives from 

Spain that are sold in the United States 

at LTFV.3 Therefore, in accordance with 

section 735(c)(2) of the Act, we are 

issuing this antidumping duty order. 

Because the ITC determined that 

imports of ripe olives from Spain are 

materially injuring a U.S. industry, 

unliquidated entries of such 

merchandise from Spain, entered or 

withdrawn from warehouse for 

consumption, are subject to the 

assessment of antidumping duties. 

Therefore, in accordance with section 

736(a)(1) of the Act, Commerce will 

direct U.S. Customs and Border 

Protection (CBP) to assess, upon further 

instruction by Commerce, antidumping 

duties equal to the amount by which the 

normal value of the merchandise 

exceeds the export price (or constructed 

export price) of the merchandise, for all 

relevant entries of ripe olives from 

Spain. Antidumping duties will be 

assessed on unliquidated entries of ripe 

olives from Spain entered, or withdrawn 

from warehouse, for consumption on or 

after January 26, 2018, the date of 

publication of the Preliminary 

Determination,4 but will not be assessed 

on entries occurring after the expiration 

of the provisional measures period and 

before publication of the ITC’s final 

injury determination as further 

described below. 

Continuation of Suspension of 

Liquidation 

In accordance with section 

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

instruct CBP to continue to suspend 

liquidation of all appropriate entries of 

ripe olives from Spain as described in 

the Appendix to 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. 

These instructions suspending 

liquidation will remain in effect until 

further notice. 

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

Act and 19 CFR 351.210(d), Commerce 

will instruct CBP to require cash 

deposits equal to the amounts indicated 

below. Accordingly, effective on the 

date of publication of the ITC’s final 

affirmative injury determination, CBP 

will require, at the same time as 

importers would normally deposit 

estimated antidumping duties on this 

subject merchandise, a cash deposit 

equal to the cash deposit rates listed 

below.5 The all-others rate applies to 

producers or exporters not specifically 

listed, as appropriate. For the purpose of 

determining cash deposit rates, the 

estimated weighted-average dumping 

margins for imports of subject 

merchandise have been adjusted, as 

appropriate, for estimated domestic 

subsidy pass-through rates calculated 

based on the final determination of the 

companion countervailing duty 

investigation of ripe olives from Spain.6

Provisional Measures 

Section 733(d) of the Act states that 

suspension of liquidation pursuant to an 

affirmative preliminary determination 

may not remain in effect for more than 

four months, except where exporters 

representing a significant proportion of 

exports of the subject merchandise 

request Commerce to extend that fourmonth period to no more than six 

months. At the request of exporters that 

account for a significant proportion of 

ripe olives from Spain, Commerce 

extended the four-month period to six 

months.7 In the underlying 

investigation, Commerce published the 

preliminary determination on January 

26, 2018. Therefore, the extended 

period, beginning on the date of 

publication of the Preliminary 

Determination, ended on July 24, 2018. 

Furthermore, section 737(b) of the Act 

states that definitive duties are to begin 

on the date of publication of the ITC’s 

final injury determination. 

Therefore, in accordance with section 

733(d) of the Act and our practice,8 we 

will instruct CBP to terminate the 

suspension of liquidation and to 

liquidate, without regard to 

antidumping duties, unliquidated 

entries of ripe olives from Spain 

entered, or withdrawn from warehouse, 

for consumption after July 24, 2018, the 

date the provisional measures expired, 

through the day preceding the date of 

publication of the ITC’s final injury 

determination in the Federal Register. 

Suspension of liquidation will resume 

on the date of publication of the ITC’s 

final determination in the Federal 

Register. 


sradovich on DSK3GMQ082PROD with NOTICES
37466 Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Notices 

9The cash deposit rate is equal to the calculated 

estimated weighted-average dumping margin 

adjusted for the appropriate subsidy offset(s). 

10Some 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. 

Estimated Weighted-Average Dumping 

Margins 

The weighted-average antidumping 

duty margin percentages and cash 

deposit rates are as follows: 

Exporter producer 

Estimated 

weightedaverage 

dumping 

margin 

(percent) 

Cash deposit 

rate 

(percent) 9

Aceitunas Guadalquivir S.L ..................................................................................................................................... 17.45 17.46 

Agro Sevilla Aceitunas S.COOP Andalusia ............................................................................................................ 25.50 25.39 

Angel Camacho Alimentacion S.L ........................................................................................................................... 16.88 16.83 

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

Notification to Interested Parties 

This notice constitutes the 

antidumping duty order with respect to 

ripe olives from Spain pursuant to 

section 736(a) of the Act. Interested 

parties can find a list of antidumping 

duty orders currently in effect at http:// 

enforcement.trade.gov/stats/ 

iastats1.html. 

This order is issued and published in 

accordance with section 736(a) of the 

Act and 19 CFR 351.211(b). 

Dated: July 25, 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 

Scope of the Order 

The products covered by this order 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 order 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 10 (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 order 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 U.S. Customs purposes, they do not 

define the scope of the order; rather, the 

written description of the subject 

merchandise is dispositive. 

[FR Doc. 2018–16450 Filed 7–31–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[Application No. 01–1A001] 

Export Trade Certificate of Review 

ACTION: Notice of Application To 

Amend the Export Trade Certificate of 

Review Held by Ginseng Board of 

Wisconsin, Inc., Application No. 01– 

1A001. 

SUMMARY: The Secretary of Commerce, 

through the International Trade 

Administration, Office of Trade and 

Economic Analysis (‘‘OTEA’’), received 

an application to amend the Export 

Trade Certificate of Review 

(‘‘Certificate’’) held by Ginseng Board of 

Wisconsin, Inc. (‘‘GBW’’). This notice 

summarizes the proposed amendment 

and seeks public comments on whether 


sradovich on DSK3GMQ082PROD with NOTICES