[Federal Register Volume 86, Number 125 (Friday, July 2, 2021)]
[Notices]
[Pages 35266-35267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14142]



[[Page 35266]]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-469-818]


Ripe Olives From Spain: Final Results of Countervailing Duty 
Administrative Review; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) determines that certain 
producers and/or exporters of ripe olives from Spain, received 
countervailable subsidies during the period of review (POR), November 
28, 2017, through December 31, 2018.

DATES: Effective July 2, 2021.

FOR FURTHER INFORMATION CONTACT: Mary Kolberg or Dusten Hom, 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) 482-1785, (202) 482-5075, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 28, 2020, Commerce published the Preliminary Results of 
this CVD administrative review in the Federal Register.\1\ On April 5, 
2021, Commerce extended the deadline for the final results of this 
administrative review until June 25, 2021.\2\ We invited interested 
parties to comment on the Preliminary Results. On May 7, 2021, we 
received case briefs from Alimentary Group DCoop S.Coop. And. (DCoop), 
ASEMESA, Agro Sevilla Aceitunas S.Coop. And. (Agro Sevilla), and Angel 
Camcho Alimentacion, S.L. (Camacho), the European Investment Fund (the 
EIF), the Government of Spain (the GOS), and Musco Family Olive Company 
(Musco).\3\ On May 14, 2021, we received rebuttal briefs from ASEMESA, 
Agro Sevilla, and Camacho, DCoop, and Musco.\4\ For a complete 
description of the events that occurred since the Preliminary Results, 
see the Issues and Decision Memorandum.\5\
---------------------------------------------------------------------------

    \1\ See Ripe Olives from Spain: Preliminary Results of 
Countervailing Duty Administrative Review; 2017-2018, 85 FR 84294 
(December 28, 2020), and accompanying Preliminary Decision 
Memorandum (Preliminary Decision Memorandum) (collectively, 
Preliminary Results).
    \2\ See Memorandum, ``Ripe Olives from Spain: Extension of 
Deadline for Final Results of Countervailing Duty Administrative 
Review; 2017-2018,'' dated April 5, 2021.
    \3\ See EIF's Letter, ``2019 Administrative Review of the CVD 
Order on Ripe Olives from Spain-Case brief,'' dated May 7, 2021; see 
also ASEMESA's, Agro Sevilla's, and Camacho's Letter, ``Case Brief 
of ASEMESA, Agro Sevilla Aceitunas S.Coop.And. (`Agro Sevilla'), and 
Angel Camacho Alimentacion, S.L. (`Camacho') Ripe Olives from Spain 
(C-469-818),'' dated May 7, 2021; GOS's Letter, ``Case of the 
Government of Spain in relation to the Post-Preliminary 
Determination, issued by the Department of Commerce on April 22, 
2021, regarding the first CVD administrative review of Ripe Olives 
from Spain,'' dated May 7, 2021; Musco's Letter, ``Ripe Olives from 
Spain; 1st Administrative Review-Case Brief of Musco,'' dated May 7, 
2021; and Dcoop's Letter, ``Ripe Olives from Spain: Resubmission of 
Case Brief,'' dated May 12, 2021.
    \4\ See Dcoop's Letter, ``Ripe Olives from Spain: Rebuttal 
Brief,'' dated May 14, 2021; see also ASEMESA's, Agro Sevilla's, and 
Camacho's Letter, ``Rebuttal Brief of ASEMESA, Agro Sevilla and 
Camacho--Ripe Olives from Spain (C-469-818),'' dated May 14, 2021; 
and Musco's Letter, ``Ripe Olives from Spain: 1st Administrative 
Review-Rebuttal Brief of Musco,'' dated May 14, 2021.
    \5\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Countervailing Duty Administrative Review of 
Ripe Olives from Spain; 2017-2018,'' dated concurrently with, and 
hereby adopted by, this notice (Issues and Decision Memorandum),
---------------------------------------------------------------------------

Scope of the Order

    The product covered by the order are ripe olives from Spain. For a 
complete description of the scope of this order, see the Issues and 
Decision Memorandum.

Analysis of Comments Received

    All issues raised by the interested parties in their case and 
rebuttal briefs are addressed in the Issues and Decision Memorandum. A 
list of these issues are identified in the Appendix to this notice. The 
Issues and Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and CVD 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov. 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 Results

    Based on the comments received from interested parties, we revised 
the calculation of the net countervailable subsidy rates for the 
respondents: DCoop, Agro Sevilla, and Camacho. For a discussion of 
these issues, see the Issues and Decision Memorandum.

Methodology

    Commerce conducted this 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, we determine 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.\6\ For a full description of the methodology underlying our 
conclusions, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \6\ See 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.
---------------------------------------------------------------------------

    In making this final determination, Commerce is relying, in part, 
on facts otherwise available, including adverse facts available (AFA), 
pursuant to sections 776(a) and (b) of the Act. For a full discussion 
of our application of AFA, see the Preliminary Results and the section 
``Use of Facts Otherwise Available and Adverse Inference'' in the 
accompanying Issues and Decision Memorandum.

Final Results of Review

    We determine the following net countervailable subsidy rates for 
the period of November 28, 2017, through December 31, 2018:

------------------------------------------------------------------------
                                                                Subsidy
                      Exporter/producer                          rate
------------------------------------------------------------------------
Agro Sevilla Aceitunas S.COOP Andalusia.....................        7.01
Angel Camacho Alimentacion S.L..............................        5.23
Alimentary Group DCoop S.Coop. And..........................       22.36
------------------------------------------------------------------------

Disclosure

    We intend to disclose to interested parties the calculations and 
analysis performed in the final results of this review within five days 
of the date of publication of this notice in accordance with 19 CFR 
351.224(b).

Assessment

    In accordance with section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), Commerce shall determine, and CBP shall assess, 
countervailing duties on all appropriate entries covered by this 
review. Commerce intends to issue appropriate assessment instructions 
to CBP no earlier than 35 days after the date of this 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 also 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties in the

[[Page 35267]]

amounts shown for each of the respective companies listed above. For 
all non-reviewed firms, CBP will continue to collect cash deposits of 
estimated countervailing duties at the most recent company-specific or 
all-others rate applicable to the company, as appropriate. These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.

Administrative Protective Order

    This notice serves as a final reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of 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 sanctionable violation.

Notification to Interested Parties

    These final results are issued and published in accordance with 
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5).

    Dated: June 25, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation
V. Loan Interest Rate Benchmark and Discount Rates
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Analysis of Programs
VIII. Analysis of Comments
    Comment 1: Whether Commerce Properly Interpreted and Applied the 
Standard Established by Section 771B(1) of the Act for Determining 
``Substantially Dependent'' Demand
    Comment 2: Whether the EU CAP Pillar I--BPS is De Jure Specific
    Comment 3: Whether Commerce Used an Incorrect Sales Denominator 
To Calculate Agro Sevilla's Subsidy Rate
    Comment 4: Whether Commerce Should Exclude Re-Sales and 
Purchases of Molinos Not Used To Produce Subject Merchandise From 
Camacho's Subsidy Rate Calculation
    Comment 5: Whether the PROSOL Program is Specific
    Comment 6: Whether the ICO--National Investment Program is 
Specific
    Comment 7: Whether the Andalusia Energy Agency for Sustainable 
Energy Development for Andalusia Scheme is Specific
    Comment 8: Whether the European Investment Fund Loans Program is 
Specific
    Comment 9: Whether Commerce Should Allocate Olive Subsidy 
Benefits to Sales of Olives Only
    Comment 10: Whether Commerce Should Adjust its Calculation for 
Yield Loss
    Comment 11: Whether Commerce Should Revise its Calculation for 
the Two Coop Respondents To Eliminate Double Counting of Grower 
Quantities
    Comment 12: Whether Commerce Should Apply AFA to Agro Sevilla's 
First-Tier Coops and Member Growers
    Comment 13: Whether Commerce Should Correct Ministerial Errors 
for Agro Sevilla
    Comment 14: Whether Commerce Should Correct Ministerial Errors 
for Camacho
    Comment 15: Whether Commerce Should Apply AFA to Camacho's 
Growers
    Comment 16: Whether Commerce Should Apply AFA to Dcoop's First-
Tier Coops and Member Growers
    Comment 17: Whether Commerce Should Find That All Dcoop's 
Growers Received Greening Benefits
    Comment 18: Whether Commerce Should Use Dcoop's Calendar Year 
2018 Grower Data or, in the Alternative, Should Correct Ministerial 
Errors
IX. Recommendation

[FR Doc. 2021-14142 Filed 7-1-21; 8:45 am]
BILLING CODE 3510-DS-P