50052 Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices 

1See Ripe Olives from Spain: Antidumping Duty 

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

also Ripe Olives from Spain: Notice of Correction 

to Antidumping Duty Order, 83 FR 39691 (August 

10, 2018) (Order). 

2See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 85 FR 

63081 (October 6, 2020). 

3See Memorandum, ‘‘Ripe Olives from Spain: 

Respondent Selection,’’ dated November 23, 2020. 

4See Memorandum, ‘‘Ripe Olives from Spain: 

Extension of Deadline for Preliminary Results of 

Antidumping Duty Administrative Review; 2019– 

2020,’’ dated April 5, 2021. 

5See Memorandum, ‘‘Ripe Olives from Spain: 

Decision Memorandum for Preliminary Results of 

Antidumping Duty Administrative Review; 2019– 

2020,’’ dated concurrently with, and hereby 

adopted by, this notice (Preliminary Decision 

Memorandum). 

6For more information regarding the calculation 

of this margin, see Memorandum, ‘‘Ripe Olives 

from Spain: Calculation of the Preliminary Margin 

for Respondents Not Selected for Individual 

Examination,’’ dated concurrently with this notice. 

As the weighting factor, we relied on the publicly 

ranged sales data reported in the quantity and value 

charts submitted by Angel Camacho and Agro 

Sevilla. 

7See 19 CFR 351.224(b). 

Changed Circumstances Review 

V. Methodology 

A. Affiliation 

B. Collapsing 

VI. Recommendation 

[FR Doc. 2021–19369 Filed 9–3–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–469–817] 

Ripe Olives From Spain: Preliminary 

Results of Antidumping Duty 

Administrative Review; 2019–2020 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) preliminarily finds that 

producers or exporters subject to this 

administrative review made sales of 

subject merchandise at less than normal 

value during the period of review (POR), 

August 1, 2019, through July 31, 2020. 

We invite interested parties to comment 

on these preliminary results. 

DATES: Applicable September 7, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Jacob Keller or Christopher Williams, 

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) 482–4849 or 

(202) 482–5166, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 1, 2018, Commerce 

published in the Federal Register the 

antidumping duty order on ripe olives 

from Spain.1 On October 6, 2020, 

Commerce initiated the administrative 

review of the Order for the period of 

August 1, 2019, to July 31, 2020.2 On 

November 23, 2020, Commerce selected 

Angel Camacho Alimentacion, S.L. 

(Angel Camacho) and Agro Sevilla 

Aceitunas S.Coop. Andalusia (Agro 

Sevilla) as the mandatory respondents 

in the administrative review.3 On April 

5, 2021, Commerce extended the 

deadline for issuance of the preliminary 

results of this review by 120 days, until 

August 31, 2021, in accordance with 19 

CFR 351.213(h)(2).4

Scope of the Order 

The merchandise subject to the Order 

are ripe olives. For a complete 

description of the scope of this Order, 

see the Preliminary Decision 

Memorandum.5

Methodology 

Commerce is conducting this review 

in accordance with section 751(a)(2) of 

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 our 

conclusions, see the Preliminary 

Decision Memorandum. 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 http://access.trade.gov. In addition, a 

complete version of the Preliminary 

Decision Memorandum can be found at 

http://enforcement.trade.gov/frn/ 

index.html. A list of the topics 

discussed in the Preliminary Decision 

Memorandum is attached as an 

appendix to this notice. 

Rates for Non-Examined Companies 

The statute and Commerce’s 

regulations do not address the 

establishment of a rate to be applied to 

companies not selected for 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 

weighted average of the estimated 

weighted-average 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 weightedaverage dumping margins for the two 

mandatory respondents, Angel Camacho 

and Agro Sevilla, that are not zero, de 

minimis, or determined entirely on the 

basis of facts available. Accordingly, 

Commerce preliminarily assigned to the 

companies not individually examined, 

listed in the chart below, a margin of 

2.75 percent which is the weighted 

average of Angel Camacho’s and Agro 

Sevilla’s calculated weighted-average 

margins.6

Preliminary Results of Review 

We preliminarily determine that the 

following weighted-average dumping 

margins exist for the period August 1, 

2019, through July 31, 2020: 

Producer/exporter 

Weightedaverage 

dumping 

margin 

(percent) 

Agro Sevilla Aceitunas S.COOP 

Andalusia ................................ 1.48 

Angel Camacho Alimentacion 

S.L ........................................... 4.31 

Review-Specific Weighted-Average 

Rate Applicable to the Following 

Companies: 

Producer/exporter 

Weightedaverage 

dumping 

margin 

(percent) 

Aceitunas Guadalquivir, S.L ....... 2.75 

Alimentary Group Dcoop S. 

Coop. And ............................... 2.75 

Internacional Olivarera, S.A ....... 2.75 

Disclosure and Public Comment 

We intend to disclose the calculations 

performed to parties within five days 

after public announcement of the 

preliminary results.7 Pursuant to 19 CFR 

351.309(c), interested parties may 

submit case briefs 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 


sradovich on DSKJLST7X2PROD with NOTICES
Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices 50053 

8See 19 CFR 351.309(d); see also Temporary Rule 

Modifying AD/CVD Service Requirements Due to 

COVID–19, 85 FR 17006, 17007 (March 26, 2020) 

(‘‘To provide adequate time for release of case briefs 

via ACCESS, E&C intends to schedule the due date 

for all rebuttal briefs to be 7 days after case briefs 

are filed (while these modifications remain in 

effect).’’). 

9See Temporary Rule Modifying AD/CVD Service 

Requirements Due to COVID–19; Extension of 

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

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

11See Antidumping Proceedings: Calculation of 

the Weighted-Average Dumping Margin and 

Assessment Rate in Certain Antidumping 

Proceedings: Final Modification, 77 FR 8101, 8103 

(February 14, 2012). 

12 Id. at 8102–03; see also 19 CFR 351.106(c)(2). 

13See section 751(a)(2)(C) of the Act. 

14For a full discussion of this practice, see 

Antidumping and Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 FR 23954 

(May 6, 2003). 

15See Ripe Olives from Spain: Final Affirmative 

Determination of Sales at Less Than Fair Value, 83 

FR 28193 (June 18, 2018). 

for filing case briefs.8 Commerce 

modified certain of its requirements for 

serving documents containing business 

proprietary information until further 

notice.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

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. 

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, unless 

extended, pursuant to section 

751(a)(3)(A) of the Act and 19 CFR 

351.213(h)(1). 

Assessment Rates 

Upon completion of the final results, 

Commerce shall determine, and U.S. 

Customs and Border Protection (CBP) 

shall assess, antidumping duties on all 

appropriate entries. If either of the 

respondents’ weighted-average dumping 

margin is not zero or de minimis (i.e., 

less than 0.50 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).11 If either of the 

respondents’ weighted-average dumping 

margin or an importer-specific 

assessment rate is zero or de minimis in 

the final results of review, we intend to 

instruct CBP not to assess duties on any 

entries in accordance with the Final 

Modification for Reviews.12 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 review and for future deposits of 

estimated duties, where applicable.13

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 to the United 

States, we will instruct CBP to liquidate 

unreviewed entries at the all-others rate 

if there is no rate for the intermediate 

company(ies) involved in the 

transaction.14

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 will be effective upon 

publication in the Federal Register of 

the notice of final results of 

administrative 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 company-specific 

weighted-average dumping margin 

established in the final results of the 

review; (2) for merchandise exported by 

a company not covered in this review 

but covered in a prior segment of the 

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 

investigation but the producer is, the 

cash deposit rate will be the rate 

established in the completed segment 

for the most recent period for the 

producer of the merchandise; (4) the 

cash deposit rate for all other producers 

or exporters will be the all-others rate 

established in the less-than-fair-value 

investigation for this proceeding, 19.98 

percent.15 These cash deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

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 duties prior to liquidation 

of the relevant entries during this 

review period. Failure to comply with 

this requirement could result in the 

Secretary’s presumption that 

reimbursement of antidumping duties 

occurred and the subsequent assessment 

of double antidumping duties. 

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 351.221. 

Dated: August 31, 2021. 

Ryan Majerus, 

Deputy Assistant Secretary for Policy and 

Negotiations. 

Appendix 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Rate for the Respondents Not Selected for 

Individual Examination 

V. Discussion of the Methodology 

VI. Currency Conversion 

VII. Recommendation 

[FR Doc. 2021–19258 Filed 9–3–21; 8:45 am] 

BILLING CODE 3510–DS–P 


sradovich on DSKJLST7X2PROD with NOTICES