82 FR 41210 - Ripe Olives From Spain: Postponement of Preliminary Determination in the Countervailing Duty Investigation

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 167 (August 30, 2017)

[Federal Register Volume 82, Number 167 (Wednesday, August 30, 2017)]
[Notices]
[Page 41210]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18430]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-469-818]


Ripe Olives From Spain: Postponement of Preliminary Determination 
in the Countervailing Duty Investigation

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

DATES: August 30, 2017.

FOR FURTHER INFORMATION CONTACT: Mary Kolberg at (202) 482-1785, AD/CVD 
Operations, Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    On July 12, 2017, the Department of Commerce (Department) initiated 
a countervailing duty investigation on ripe olives from Spain.\1\ 
Currently, the preliminary determination is due no later than September 
15, 2017.
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    \1\ See Ripe Olives from Spain: Initiation of Countervailing 
Duty Investigation, 82 FR 33050 (July 19, 2017).
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Postponement of the Preliminary Determination

    Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), 
requires the Department to issue the preliminary determination in a 
countervailing duty investigation within 65 days after the date on 
which the Department initiated the investigation. However, section 
703(c)(1) of the Act permits the Department to postpone the preliminary 
determination until no later than 130 days after the date on which the 
Department initiated the investigation if: (A) The petitioner \2\ makes 
a timely request for a postponement; or (B) the Department concludes 
that the parties concerned are cooperating, that the investigation is 
extraordinarily complicated, and that additional time is necessary to 
make a preliminary determination. Under 19 CFR 351.205(e), the 
petitioner must submit a request for postponement 25 days or more 
before the scheduled date of the preliminary determination and must 
state the reasons for the request. The Department will grant the 
request unless it finds compelling reasons to deny the request.
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    \2\ In this investigation, the petitioner is the Coalition for 
Fair Trade in Ripe Olives and its individual members, Bell-Carter 
Foods, Inc. and Musco Family Olive Co.
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    On August 7, 2017, the petitioner submitted a timely request that 
we postpone the preliminary CVD determination.\3\ The petitioner stated 
that it requests postponement because the Department continues to 
gather ``questionnaire responses from the Government of Spain, the 
European Union, and the mandatory respondents in this investigation. 
Thus, extra time is needed to permit the Department . . . to analyze 
fully the questionnaire responses, request any necessary 
clarifications, and determine the extent to which countervailable 
subsidies have been bestowed on the respondents.'' \4\ In accordance 
with 19 CFR 351.205(e), the petitioner has stated the reasons for 
requesting a postponement of the preliminary determination, and the 
Department finds no compelling reason to deny the request. Therefore, 
pursuant to section 703(c)(1)(A) of the Act, we are extending the due 
date for the preliminary determination to no later than 130 days after 
the date on which this investigation was initiated, i.e., to November 
20, 2017.\5\ Pursuant to section 705(a)(1) of the Act and 19 CFR 
351.210(b)(1), the deadline for the final determination will continue 
to be 75 days after the date of the preliminary determination.
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    \3\ See Letter from the petitioner, ``Ripe Olives from Spain--
Request for Postponement of Preliminary Determination'' (August 7, 
2017).
    \4\ Id.
    \5\ The 130th day falls on Sunday, November 19, 2017. The 
Department's practice dictates that where a deadline falls on a 
weekend or federal holiday, the appropriate deadline is the next 
business day. See Notice of Clarification: Application of ``Next 
Business Day'' Rule for Administrative Determination Deadlines 
Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 
2005). Therefore, the deadline for the preliminary determination is 
November 20, 2017.
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    This notice is issued and published pursuant to section 703(c)(2) 
of the Act and 19 CFR 351.205(f)(l).

    Dated: August 24, 2017.
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.
[FR Doc. 2017-18430 Filed 8-29-17; 8:45 am]
 BILLING CODE 3510-DS-P