82_FR_53699 82 FR 53479 - Ripe Olives From Spain: Postponement of Preliminary Determination in the Less-Than-Fair-Value Investigation

82 FR 53479 - Ripe Olives From Spain: Postponement of Preliminary Determination in the Less-Than-Fair-Value Investigation

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 220 (November 16, 2017)

Page Range53479-53480
FR Document2017-24848

Federal Register, Volume 82 Issue 220 (Thursday, November 16, 2017) 
[Federal Register Volume 82, Number 220 (Thursday, November 16, 2017)]
[Notices]
[Pages 53479-53480]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24848]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-817]


Ripe Olives From Spain: Postponement of Preliminary Determination 
in the Less-Than-Fair-Value Investigation

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

DATES: Applicable November 16, 2017.

FOR FURTHER INFORMATION CONTACT: Catherine Cartsos at (202) 482-1757, 
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 (the Department) 
initiated a less-than-fair-value (LTFV) investigation of imports of 
ripe olives from Spain.\1\ Currently, the preliminary determination is 
due no later than November 29, 2017.
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    \1\ See Ripe Olives from Spain: Initiation of Investigation, 82 
FR 33054 (July 19, 2017) (Initiation Notice).
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Postponement of Preliminary Determination

    Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the 
Act), requires the Department to issue the preliminary determination in 
a LTFV investigation within 140 days after the date on which the 
Department initiated the investigation. However, section 
733(c)(1)(A)(b)(1) of the Act permits the Department to postpone the 
preliminary determination until no later than 190 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

[[Page 53480]]

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\ The petitioner is the Coalition for Fair Trade in Ripe 
Olives.
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    On October 11, 2017, the petitioner submitted a timely request that 
the Department postpone the preliminary determination in the LTFV 
investigation.\3\ The petitioner stated that it requests postponement 
because the respondents selected for individual examination are still 
filing their response to the Department's questionnaire and the 
Department needs additional time to fully analyze the questionnaire 
responses, request any necessary clarifications, and determine 
antidumping margins.\4\
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    \3\ See Letter from the petitioner titled ``Ripe Olives from 
Spain Request for Postponement of Preliminary Determination,'' dated 
October 11, 2017.
    \4\ Id.
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    For the reasons stated above and because there are no compelling 
reasons to deny the request, the Department, in accordance with section 
733(c)(1)(A) of the Act, is postponing the deadline for the preliminary 
determination by 50 days (i.e., 190 days after the date on which this 
investigation was initiated). As a result, the Department will issue 
its preliminary determination no later than January 18, 2018. In 
accordance with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), 
the deadline for the final determination of this investigation will 
continue to be 75 days after the date of publication of the preliminary 
determination, unless postponed at a later date.
    This notice is issued and published pursuant to section 733(c)(2) 
of the Act and 19 CFR 351.205(f)(1).

    Dated: November 9, 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. 2017-24848 Filed 11-15-17; 8:45 am]
 BILLING CODE 3510-DS-P

Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices 53479 International Trade Commission VIII. Use of Facts Otherwise Available and 3826.00.3000. Although the HTSUS Notification Adverse Inferences subheadings, ASTM specifications, and CAS IX. Analysis of Programs numbers are provided for convenience and In accordance with section 705(d) of X. Discussion of the Issues customs purposes, the written description of the Act, we will notify the U.S. Comment 1: Whether an Export Tax on the scope is dispositive. International Trade Commission (ITC) of Soybeans Is a Countervailable Subsidy [FR Doc. 2017–24857 Filed 11–15–17; 8:45 am] the final affirmative determination of Comment 2: Whether Benefits Associated BILLING CODE 3510–DS–P countervailable subsidies. Because the With Purchases of Soybeans for LTAR final determination in this proceeding is Are Tied to Sales of Soybean-Based Products affirmative, in accordance with section DEPARTMENT OF COMMERCE Comment 3: Whether the Department 705(b) of the Act, the ITC will make its Should Add a Certain Expense to the final determination as to whether the Two-Tier Benchmark International Trade Administration domestic industry in the United States Comment 4: Whether the Department’s [A–469–817] is materially injured, or threatened with Benchmark Relates to the Prevailing material injury, by reason of imports of Market Conditions in Argentina Ripe Olives From Spain: biodiesel from Argentina no later than Comment 5: Whether the Department Postponement of Preliminary 45 days after our final determination. If Should Attribute Los Amores’ Alleged Subsidies to Vicentin Determination in the Less-Than-Fair- the ITC determines that material injury Value Investigation Comment 6: Whether the Department or threat of material injury does not Should Apply AFA Regarding Certain exist, the proceeding will be terminated AGENCY: Enforcement and Compliance, BNA Preferential Loans and all cash deposits will be refunded. International Trade Administration, Comment 7: Whether the Department Has If the ITC determines that such injury the Authority to Investigate ‘‘All Other’’ Department of Commerce. does exist, the Department will issue a Subsidies DATES: Applicable November 16, 2017. CVD order directing CBP to assess, upon Comment 8: Whether To Apply AFA to Los FOR FURTHER INFORMATION CONTACT: further instruction by the Department, Amores’ Use of a Ten-Year Tax Catherine Cartsos at (202) 482–1757, countervailing duties on all imports of Exemption Provided by the Province of AD/CVD Operations, Office I, Santiago del Estero the subject merchandise entered, or Enforcement and Compliance, Comment 9: Whether the Department withdrawn from warehouse, for Correctly Calculated LDC Argentina’s International Trade Administration, consumption on or after the effective Benefit From the General Lagos DReI U.S. Department of Commerce, 1401 date of the suspension of liquidation, as Convenio Constitution Avenue NW., Washington, discussed above in the ‘‘Continuation of Comment 10: Whether ‘‘Pacto Fiscal’’ DC 20230. Suspension of Liquidation’’ section. Confers Countervailable Benefits to LDC SUPPLEMENTARY INFORMATION: Argentina Notification Regarding Administrative XI. Conclusion Background Protective Orders On July 12, 2017, the Department of Appendix II This notice serves as the only Commerce (the Department) initiated a reminder to parties subject to Scope of the Investigation less-than-fair-value (LTFV) investigation administrative protective order (APO) of The product covered by this investigation of imports of ripe olives from Spain.1 their responsibility concerning the is biodiesel, which is a fuel comprised of Currently, the preliminary disposition of proprietary information mono-alkyl esters of long chain fatty acids determination is due no later than derived from vegetable oils or animal fats, disclosed under APO in accordance November 29, 2017. including biologically-based waste oils or with 19 CFR 351.305(a)(3). Timely greases, and other biologically-based oil or fat Postponement of Preliminary written notification of return/ sources. The investigation covers biodiesel in Determination destruction of APO materials or pure form (B100) as well as fuel mixtures conversion to judicial protective order is containing at least 99 percent biodiesel by Section 733(b)(1)(A) of the Tariff Act hereby requested. Failure to comply volume (B99). For fuel mixtures containing of 1930, as amended (the Act), requires with the regulations and the terms of an less than 99 percent biodiesel by volume, the Department to issue the preliminary APO is a violation subject to sanction. only the biodiesel component of the mixture determination in a LTFV investigation This determination is issued and is covered by the scope of the investigation. within 140 days after the date on which Biodiesel is generally produced to the Department initiated the published in accordance with sections American Society for Testing and Materials 705(d) and 777(i) of the Act. International (ASTM) D6751 specifications, investigation. However, section Dated: November 6, 2017. but it can also be made to other 733(c)(1)(A)(b)(1) of the Act permits the specifications. Biodiesel commonly has one Department to postpone the preliminary Gary Taverman, of the following Chemical Abstracts Service determination until no later than 190 Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, (CAS) numbers, generally depending upon days after the date on which the the feedstock used: 67784–80–9 (soybean oil Department initiated the investigation performing the non-exclusive functions and methyl esters); 91051–34–2 (palm oil methyl if: (A) The petitioner 2 makes a timely duties of the Assistant Secretary for esters); 91051–32–0 (palm kernel oil methyl request for a postponement; or (B) the Enforcement and Compliance. esters); 73891–99–3 (rapeseed oil methyl esters); 61788–61–2 (tallow methyl esters); Department concludes that the parties Appendix I concerned are cooperating, that the 68990–52–3 (vegetable oil methyl esters); List of Topics Discussed in the Final investigation is extraordinarily asabaliauskas on DSKBBXCHB2PROD with NOTICES 129828–16–6 (canola oil methyl esters); Decision Memorandum 67762–26–9 (unsaturated alkylcarboxylic complicated, and that additional time is I. Summary acid methyl ester); or 68937–84–8 (fatty necessary to make a preliminary II. Background acids, C12–C18, methyl ester). determination. Under 19 CFR III. Period of Investigation The B100 product subject to the IV. Scope Comments investigation is currently classifiable under 1 See Ripe Olives from Spain: Initiation of V. Scope of the Investigation subheading 3826.00.1000 of the Harmonized Investigation, 82 FR 33054 (July 19, 2017) VI. Final Determination of Critical Tariff Schedule of the United States (Initiation Notice). Circumstances (HTSUS), while the B99 product is currently 2 The petitioner is the Coalition for Fair Trade in VII. Subsidies Valuation Information classifiable under HTSUS subheading Ripe Olives. VerDate Sep<11>2014 16:52 Nov 15, 2017 Jkt 244001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\16NON1.SGM 16NON1

53480 Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices 351.205(e), the petitioner must submit a DEPARTMENT OF COMMERCE submitted voluntarily by the sender will request for postponement 25 days or be publicly accessible. NMFS will more before the scheduled date of the National Oceanic and Atmospheric accept anonymous comments (enter ‘‘N/ preliminary determination and must Administration A’’ in the required fields if you wish to state the reasons for the request. The remain anonymous). RIN 0648–XF785 Department will grant the request unless FOR FURTHER INFORMATION CONTACT: it finds compelling reasons to deny the Magnuson-Stevens Fishery Chris Fanning, NMFS, West Coast request. Conservation and Management Act; Region, 562–980–4198. On October 11, 2017, the petitioner General Provisions for Domestic SUPPLEMENTARY INFORMATION: DSBG submitted a timely request that the Fisheries; Application for Exempted fishing trials have occurred for the past Department postpone the preliminary Fishing Permit seven years (2011–2015, research years; determination in the LTFV 2015–2017, EFP years) in the U.S. West AGENCY: National Marine Fisheries Coast Exclusive Economic Zone (EEZ) investigation.3 The petitioner stated that Service (NMFS), National Oceanic and off California. The data collected from it requests postponement because the Atmospheric Administration (NOAA), this fishing activity have demonstrated respondents selected for individual Commerce. DSBG to achieve about a 95% examination are still filing their ACTION: Notice; request for comments. marketable catch composition (75% response to the Department’s swordfish, 3% opah, and 17% questionnaire and the Department needs SUMMARY: NMFS has determined that marketable sharks). Non-marketable additional time to fully analyze the twelve exempted fishing permit (EFP) catch rates have remained low and all questionnaire responses, request any applications warrant further non-marketable catch were released necessary clarifications, and determine consideration and is requesting public alive. Due to DSBG being actively antidumping margins.4 comment on the applications. All EFP tended, strikes are capable of being applicants request an exemption from a For the reasons stated above and detected within minutes of a hook on single prohibition (the use of because there are no compelling reasons the line; as a result, all catches can be unauthorized gear to harvest HMS) to deny the request, the Department, in tended quickly, with catch brought under the Fishery Management Plan for accordance with section 733(c)(1)(A) of onboard the vessel in good condition. U.S. West Coast Fisheries for Highly the Act, is postponing the deadline for To date, DSBG has had two interactions Migratory Species (HMS FMP) to test the preliminary determination by 50 with protected species, both elephant the effects and efficacy of using deep-set days (i.e., 190 days after the date on seals which were not seriously injured buoy gear (DSBG) and deep-set linked which this investigation was initiated). and were released alive due to the strike buoy gear (DSLBG) to harvest swordfish As a result, the Department will issue its detection of the gear. These species are and other highly migratory species protected by the Marine Mammal preliminary determination no later than (HMS) off of the U.S. West Coast. Protection Act, but are not listed as January 18, 2018. In accordance with DATES: Comments must be submitted in threatened or endangered under the section 735(a)(1) of the Act and 19 CFR writing by December 18, 2017. Endangered Species Act. 351.210(b)(1), the deadline for the final ADDRESSES: You may submit comments DSLBG trials produced similar data to determination of this investigation will on this document, identified by NOAA– DSBG activities with DSLBG fishing continue to be 75 days after the date of NMFS–2017–0130, by any of the activity occurring over a 40-day period publication of the preliminary following methods: in 2015–2016. Swordfish and other determination, unless postponed at a • Electronic Submission: Submit all marketable species have represented later date. electronic public comments via the about 90% of the catch (68% swordfish, This notice is issued and published Federal e-Rulemaking Portal. Go to 2% opah, 5% escolar, and 16% pursuant to section 733(c)(2) of the Act www.regulations.gov/ marketable sharks). Non-marketable and 19 CFR 351.205(f)(1). #!docketDetail;D=NOAA-NMFS-2017- species are released alive due to quick 0130, click the ‘‘Comment Now!’’ icon, DSLBG strike detection and active gear Dated: November 9, 2017. complete the required fields, and enter tending. Fishing is still occurring with Gary Taverman, or attach your comments. EFP DSLBG; however, no reports have been Deputy Assistant Secretary for Antidumping applications will be available under submitted from the 2016–2017 year. To and Countervailing Duty Operations, Relevant Documents through the same date, there have been no interactions performing the non-exclusive functions and link. with protected species using DSLBG. duties of the Assistant Secretary for • Mail: Attn: Chris Fanning, NMFS At its September 2017 meeting, the Enforcement and Compliance. West Coast Region, 501 W. Ocean Blvd., Pacific Fishery Management Council [FR Doc. 2017–24848 Filed 11–15–17; 8:45 am] Suite 4200, Long Beach, CA 90802. (Council) received twelve additional BILLING CODE 3510–DS–P Include the identifier ‘‘NOAA–NMFS– applications for EFPs in time for review 2017–0130’’ in the comments. and recommended that NMFS consider Instructions: Comments sent by any issuing these EFPs to authorize use of other method, to any other address or DSBG and/or DSLBG (see Table 1). individual, or received after the end of NMFS is requesting public comment asabaliauskas on DSKBBXCHB2PROD with NOTICES the comment period, may not be on the twelve applications considered by NMFS. All comments recommended for issuance by the received are a part of the public record Council. If all applications were and will generally be posted for public approved, the EFPs would allow up to 3 See Letter from the petitioner titled ‘‘Ripe Olives viewing on www.regulations.gov thirteen vessels to fish with DSBG and from Spain Request for Postponement of without change. All personal identifying four vessels to fish with DSLBG, Preliminary Determination,’’ dated October 11, information (e.g., name, address, etc.), throughout the duration of each EFP, in 2017. confidential business information, or the U.S. West Coast EEZ with permitted 4 Id. otherwise sensitive information exemption from the prohibitions of the VerDate Sep<11>2014 16:52 Nov 15, 2017 Jkt 244001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\16NON1.SGM 16NON1


Document Created: 2017-11-16 03:53:41
Document Modified: 2017-11-16 03:53:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable November 16, 2017.
ContactCatherine Cartsos at (202) 482-1757, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.
FR Citation82 FR 53479 
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