[Federal Register Volume 87, Number 131 (Monday, July 11, 2022)]
[Notices]
[Pages 41109-41110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14705]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-469-818]


Notice of Commencement of a Compliance Proceeding Pursuant to 
Section 129 of the Uruguay Round Agreements Act

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

SUMMARY: The U.S. Department of Commerce (Commerce) is commencing a 
proceeding to gather information, analyze record evidence, and consider 
the determinations which would be necessary to bring its measures into 
conformity with the recommendations and rulings of the Dispute 
Settlement Body (DSB) of the World Trade Organization (WTO) in United 
States--Antidumping and Countervailing Duties on Ripe Olives from Spain 
(WTO/DS577). This dispute concerns the final determination issued in 
the countervailing duty (CVD) investigation of ripe olives from Spain.

DATES: Applicable July 11, 2022.

FOR FURTHER INFORMATION CONTACT: Mary Kolberg or Dusten Hom, AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1785 or (202) 482-5075, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On January 24, 2022, the United States informed the DSB that the 
United States intended to implement the DSB's recommendations and 
rulings in WTO/DS577. The CVD investigation at issue is:

------------------------------------------------------------------------
                                                    FR cite/publication
         Case No.                Full title                 date
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C-469-818................  Ripe Olives from        83 FR 37469 (August
                            Spain: Amended Final    1, 2018).
                            Affirmative
                            Countervailing Duty
                            Determination and
                            Countervailing Duty
                            Order.
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Commencement of Section 129 Proceeding

    In accordance with section 129(b)(1) of the Uruguay Round 
Agreements Act (URAA), 19 U.S.C. 3538, Commerce consulted with the 
Office of the United States Trade Representative, and on July 6, 2022, 
pursuant to those consultations, opened a segment in the CVD proceeding 
at issue to commence administrative action to comply with the DSB's 
recommendations and rulings. The segment will consist of a separate 
administrative record with its own administrative protective order. In 
accordance with 19 CFR 351.305(b), interested parties may request 
access to business proprietary information in this segment of the 
proceeding. For this Section 129 segment, we may request additional 
information and we may conduct verification of such information. 
Consistent with section 129(d) of the URAA, Commerce intends to make a 
preliminary determination in this Section 129 segment, intends to 
provide interested parties with an opportunity to provide written 
comments on the preliminary determination, and may hold a hearing.

Filing Requirements & Letter of Appearance

    In accordance with Commerce's regulations, all submissions to 
Commerce must be filed electronically using Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov. An electronically filed document must be 
received successfully in its entirety by the time and date it is due. 
Documents exempted from the electronic submission requirements must be 
filed manually (i.e., in paper form) with Enforcement and Compliance's 
APO/Dockets Unit, Room 18002, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230, and stamped with the date 
and time of receipt by the

[[Page 41110]]

applicable deadlines.\1\ Note that Commerce has temporarily modified 
certain of its requirements for serving documents containing business 
proprietary information until further notice.\2\
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    \1\ See generally 19 CFR 351.303 (for general filing 
requirements.).
    \2\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).
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    Pursuant to 19 CFR 351.103(d)(1), to be included on the public 
service list for the Section 129 segment of the aforementioned 
proceeding, all interested parties, including parties that were part of 
the public service list in the underlying investigation and any parties 
otherwise notified of Commerce's commencement of this Section 129 
proceeding, must file a letter of appearance. The letter of appearance 
must be filed separately from any other document (with the exception of 
an application for administrative protective order (APO) access; 
parties applying for and granted APO access would automatically be on 
the public service list). Parties wishing to enter an appearance or 
submit information with regard to this proceeding must upload their 
filing(s) to the relevant case number. Additionally, for each 
submission made in ACCESS, parties must select ``S 129--SEC 129'' as 
the segment and enter ``DS577'' in the segment specific information 
field.

Submission of Factual Information

    Except as requested or allowed by Commerce, the administrative 
record is closed for submitting new factual information. Specifically, 
Commerce will be seeking new factual information in addition to 
information already on the record of the investigation, and will 
provide interested parties an opportunity to submit factual information 
to rebut, clarify, or correct such factual information. Commerce will 
establish a timeline for the submission of this factual information at 
a later date.
    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). The regulation requires any party, 
when submitting factual information, to specify under which subsection 
of 19 CFR 351.102(b)(21) the information is being submitted and, if the 
information is submitted to rebut, clarify, or correct factual 
information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct.

Extension of Time Limits Regulation

    Parties may request an extension of time limits before the 
expiration of a time limit. In general, an extension request will be 
considered untimely if it is filed after the expiration of the time 
limit.\3\ For submissions that are due from multiple parties 
simultaneously, an extension request will be considered untimely if it 
is filed after 10:00 a.m. Eastern Time on the due date. Under certain 
circumstances, we may elect to specify a different time limit by which 
extension requests will be considered untimely for submissions which 
are due from multiple parties simultaneously. In such a case, we will 
inform parties in the letter or memorandum setting forth the deadline 
(including a specified time) by which extension requests must be filed 
to be considered timely. An extension request must be made in a 
separate, stand-alone submission; under limited circumstances we will 
grant untimely-field requests for an extension of time limits.\4\
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    \3\ See 19 CFR 351.302(b).
    \4\ See Extension of Time Limits; Final Rule, 78 FR 57790 
(September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
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Certification Requirements

    Any party submitting factual information in an antidumping or CVD 
proceeding must certify to the accuracy and completeness of that 
information.\5\ Parties must use the certification formats provided in 
19 CFR 351.303(g).\6\ Commerce intends to reject factual submissions if 
the submitting party does not comply with the applicable revised 
certification requirements.
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    \5\ See section 782(b) of the Act.
    \6\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties may submit applications for disclosure under APO 
in accordance with 19 CFR 351.305. Parties wishing to participate in 
this proceeding should ensure that they meet the requirements of these 
procedures at 19 CFR 351.103(d) and enter their appearance. 
Representatives of interested parties may submit applications for 
disclosure under APO in accordance with 19 CFR 351.305.
    This notice is published in accordance with section 129(b)(1) of 
the URAA.

    Dated: July 6, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
[FR Doc. 2022-14705 Filed 7-8-22; 8:45 am]
BILLING CODE 3510-DS-P