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AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The U.S. Department of Commerce (Commerce) preliminarily finds that producers/exporters subject to this administrative review made sales of subject merchandise at less than normal value during the period of review (POR), August 1, 2022, through July 31, 2023. In addition, we are rescinding the administrative review with respect to one company. We invite interested parties to comment on these preliminary results.
DATES:
Applicable September 12, 2024.
FOR FURTHER INFORMATION CONTACT:
Maria Teresa Aymerich or Drew Jackson, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington DC 20230; telephone: (202) 482-0499 or (202) 482-4406, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2018, Commerce published in the Federal Register the antidumping duty order on ripe olives (olives) from Spain. On August 2, 2023, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the Order. On October 18, 2023, based on timely requests for an administrative review, Commerce initiated the administrative review covering five companies. On November 13, 2023, Commerce selected Agro Sevilla Aceitunas, S. Coop. And. (Agro Sevilla) and Angel Camacho Alimentacion, S.L. (Camacho) as the mandatory respondents in this administrative review.
See Ripe Olives from Spain: Antidumping Duty Order,83 FR 37465 (August 1, 2018); and Ripe Olives from Spain: Notice of Correction to Antidumping Duty Order,83 FR 39691 (August 10, 2018) (collectively, Order).
See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review and Join Annual Inquiry Service List, 88 FR 50840 (August 2, 2023).
See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 71829 (October 18, 2023) ( Initiation Notice).
See Memorandum, “Companies to be Reviewed,” dated November 13, 2023.
On April 10, 2024, Commerce extended the preliminary results of this review to August 30, 2024. On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days. The deadline for the preliminary results is now September 6, 2024. For a complete description of the events between the initiation of this review and these preliminary results, see the Preliminary Decision Memorandum.
See Memorandum, “Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review,” dated April 10, 2024.
See Memorandum, “Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,” dated July 22, 2024.
See Memorandum, “Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: Ripe Olives from Spain; 2022-2023,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).
A list of the topics discussed in the Preliminary Decision Memorandum is attached as the appendix to this notice. 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 https://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Scope of the Order
The products covered by this Order are olives from Spain. For a full description of the scope of the Order, see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section 751 of the Tariff Act of 1930, as amended (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 these preliminary results, see the Preliminary Decision Memorandum.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the party that requested a review withdraws its request within 90 days of the date of publication of the notice of initiation. The request for an administrative review of Plasoliva, S.L (Plasoliva) was withdrawn within 90 days of the date of publication of the Initiation Notice. No other party requested an administrative review of Plasoliva. As a result, Commerce is rescinding this review with respect to this company, in accordance with 19 CFR 351.213(d)(1).
See Plasoliva's Letter, “Plasoliva, S.L.'s Withdrawal Request for Administrative Review,” dated January 12, 2024.
Rate for Non-Selected Companies
The Act and Commerce's regulations do not address the establishment of a rate to be applied to companies not selected for individual 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 dumping margins for the two mandatory respondents, Agro Sevilla and Camacho, of 23.86 and 3.43 percent, respectively, and have assigned to the non-selected companies a rate of 17.67 percent, which is the weighted average dumping margins of Agro Sevilla and Camacho weighted by their publicly ranged U.S. sales values.
With two respondents under examination, Commerce normally calculates (A) a weighted-average of the dumping margins calculated for the examined respondents; (B) a simple average of the dumping margins calculated for the examined respondents; and (C) a weighted-average of the dumping margins calculated for the examined respondent using each company's publicly-ranged U.S. sales quantities for the merchandise under consideration. Commerce then compares (B) and (C) to (A) and selects the rate closest to (A) as the most appropriate rate for all other producers and exporters. See, e.g., Ball Bearings and Parts thereof from France, Germany, Italy, Japan, and the United Kingdom” Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part,75 FR 53661, 53663 (September 1, 2010).
Preliminary Results of Review
We preliminarily determine that the following estimated weighted-average dumping margins exist for the period August 1, 2022, through July 31, 2023:
| Producer/exporter | Weighted- average dumping margin (percent) |
|---|---|
| Agro Sevilla Aceitunas, S. Coop. And | 23.86 |
| Angel Camacho Alimentacion, S.L | 3.43 |
| Aceitunera del Norte de Cáceres, S.Coop.Ltda. de 2 Grado | 17.67 |
| Alimentary Group DCOOP, S.Coop. And | 17.67 |