82_FR_56445 82 FR 56218 - Ripe Olives From Spain: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination

82 FR 56218 - Ripe Olives From Spain: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 227 (November 28, 2017)

Page Range56218-56219
FR Document2017-25660

The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of ripe olives from Spain. The period of investigation is January 1, 2016, through December 31, 2016.

Federal Register, Volume 82 Issue 227 (Tuesday, November 28, 2017)
[Federal Register Volume 82, Number 227 (Tuesday, November 28, 2017)]
[Notices]
[Pages 56218-56219]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25660]



[[Page 56218]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-469-818]


Ripe Olives From Spain: Preliminary Affirmative Countervailing 
Duty Determination, and Alignment of Final Determination With Final 
Antidumping Duty Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that countervailable subsidies are being provided to 
producers and exporters of ripe olives from Spain. The period of 
investigation is January 1, 2016, through December 31, 2016.

DATES: Application November 28, 2017.

FOR FURTHER INFORMATION CONTACT: Mary Kolberg, Lana Nigro, or Jennifer 
Shore, 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-
1785, (202) 482-1779, (202) 482-2778, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
703(b) of the Tariff Act of 1930, as amended (the Act). The Department 
published the notice of initiation of this investigation on July 19, 
2017.\1\ On August 30, 2017, the Department postponed the preliminary 
determination of this investigation to November 20, 2017.\2\ For a 
complete description of the events that followed the initiation of this 
investigation, see the Preliminary Decision Memorandum.\3\ A list of 
topics discussed in the Preliminary Decision Memorandum is included as 
Appendix II to this notice. The Preliminary Decision Memorandum is a 
public document and is on file electronically 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, and is available to all parties in the Central 
Records Unit, room B8024 of the main Department of Commerce building. 
In addition, a complete version of the Preliminary Decision Memorandum 
can be accessed directly at http://enforcement.trade.gov/frn/. The 
signed and electronic versions of the Preliminary Decision Memorandum 
are identical in content.
---------------------------------------------------------------------------

    \1\ See Ripe Olives from Spain: Initiation of Countervailing 
Duty Investigation, 82 FR 33050 (July 19, 2017) (Initiation Notice).
    \2\ See Ripe Olives from Spain: Postponement of Preliminary 
Determination in the Countervailing Duty Investigation, 82 FR 41210 
(August 30, 2017).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination of the Countervailing Duty Investigation of Ripe 
Olives from Spain,'' dated concurrently with, and hereby adopted by, 
this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The products covered by this investigation are ripe olives from 
Spain. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    In accordance with the preamble to the Department's regulations,\4\ 
the Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage, (i.e., scope).\5\ No interested 
party commented on the scope of the investigation as it appeared in the 
Initiation.
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
---------------------------------------------------------------------------

Methodology

    The Department is conducting this investigation in accordance with 
section 701 of the Act. For each of the subsidy programs found 
countervailable, the Department preliminarily determines that there is 
a subsidy, i.e., a financial contribution by an ``authority'' that 
gives rise to a benefit to the recipient, and that the subsidy is 
specific.\6\
---------------------------------------------------------------------------

    \6\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

    The Department notes that, in making these findings, it relied, in 
part, on facts available pursuant to section 776(a) of the Act because 
information necessary for our analysis was not available on the record. 
For further information, see ``Partial Use of Facts Available'' in the 
Preliminary Decision Memorandum.

Alignment

    As noted in the Preliminary Decision Memorandum, in accordance with 
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), the Department 
is aligning the final countervailing duty (CVD) determination in this 
investigation with the final determination in the companion antidumping 
duty (AD) investigation of Ripe Olives from Spain, based on a request 
made by the petitioner.\7\ Consequently, the final CVD determination 
will be issued on the same date as the final AD determination, which is 
currently scheduled to be issued no later than April 3, 2018, unless 
postponed.
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    \7\ See Letter from the petitioner, ``Request for Alignment of 
Final Determination,'' dated November 16, 2017.
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All-Others Rate

    Sections 703(d) and 705(c)(5)(A) of the Act provide that in the 
preliminary determination, the Department shall determine an estimated 
all-others rate for companies not individually examined. This rate 
shall be an amount equal to the weighted average of the estimated 
subsidy rates established for those companies individually examined, 
excluding any zero and de minimis rates and any rates based entirely 
under section 776 of the Act. In this investigation, the Department 
calculated individual estimated countervailable subsidy rates for 
Aceitunas Guadalquivir S.L.U. (Aceitunas Guadalquivir), Agro Sevilla 
Aceitunas S.Coop.And. (Agro Sevilla), Angel Camacho 
Alimentaci[oacute]n, S.L. (Camacho), that are not zero, de minimis, or 
based entirely on facts available. The Department calculated the all-
others rate using a weighted-average of the estimated subsidy rates 
calculated for the individually examined respondents using each 
company's business proprietary data for the merchandise under 
consideration.\8\
---------------------------------------------------------------------------

    \8\ For a complete analysis of the data, please see the All-
Others Calculation Memorandum dated concurrently with this notice.
---------------------------------------------------------------------------

Preliminary Determination

    The Department preliminarily determines that the following 
estimated countervailable subsidy rates exist:
---------------------------------------------------------------------------

    \9\ As discussed in the Preliminary Decision Memorandum, the 
Department has found the following companies to be cross-owned with 
Aceitunas Guadalquivir S.L.U.: Coromar Inv., S.L., AG Explotaciones 
Agricolas, S.L.U., and Grupo Aceitunas Guadalquivir, S.L.
    \10\ As discussed in the Preliminary Decision Memorandum, the 
Department has found the following companies to be cross-owned with 
Angel Camacho Alimentaci[oacute]n, S.L.: Grupo Angel Camacho 
Alimentac[iacute]on, Cuarterola S.L., and Cucanoche S.L.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Aceitunas Guadalquivir S.L.U.\9\........................            2.31
Agro Sevilla Aceitunas S.Coop.And.......................            2.47
Angel Camacho Alimentaci[oacute]n, S.L.\10\.............            7.24
All-Others..............................................            4.47
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 703(d)(1)(B) and (d)(2) of the Act, the

[[Page 56219]]

Department will direct U.S. Customs and Border Protection (CBP) to 
suspend liquidation of entries of subject merchandise as described in 
the scope of the investigation section entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), 
the Department will instruct CBP to require a cash deposit equal to the 
rates indicated above.

Disclosure

    The Department intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of its public announcement, or if there is no public 
announcement, within five days of the date of this notice in accordance 
with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, the Department intends 
to verify the information relied upon in making its final 
determination.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last verification report is issued in 
this investigation. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\11\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this investigation 
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.
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, the 
Department intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.
    International Trade Commission Notification
    In accordance with section 703(f) of the Act, the Department will 
notify the International Trade Commission (ITC) of its determination. 
If the final determination is affirmative, the ITC will make its 
determination before the later of 120 days after the date of this 
preliminary determination or 45 days after the final determination.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: November 20, 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.

Appendix I

Scope of the Investigation

    The products covered by this investigation are certain processed 
olives, usually referred to as ``ripe olives.'' The subject 
merchandise includes all colors of olives; all shapes and sizes of 
olives, whether pitted or not pitted, and whether whole, sliced, 
chopped, minced, wedged, broken, or otherwise reduced in size; all 
types of packaging, whether for consumer (retail) or institutional 
(food service) sale, and whether canned or packaged in glass, metal, 
plastic, multi-layered airtight containers (including pouches), or 
otherwise; and all manners of preparation and preservation, whether 
low acid or acidified, stuffed or not stuffed, with or without 
flavoring and/or saline solution, and including in ambient, 
refrigerated, or frozen conditions.
    Included are all ripe olives grown, processed in whole or in 
part, or packaged in Spain. Subject merchandise includes ripe olives 
that have been further processed in Spain or a third country, 
including but not limited to curing, fermenting, rinsing, oxidizing, 
pitting, slicing, chopping, segmenting, wedging, stuffing, 
packaging, or heat treating, or any other processing that would not 
otherwise remove the merchandise from the scope of the investigation 
if performed in Spain.
    Excluded from the scope are: (1) Specialty olives \12\ 
(including ``Spanish-style,'' ``Sicilian-style,'' and other similar 
olives) that have been processed by fermentation only, or by being 
cured in an alkaline solution for not longer than 12 hours and 
subsequently fermented; and (2) provisionally prepared olives 
unsuitable for immediate consumption (currently classifiable in 
subheading 0711.20 of the Harmonized Tariff Schedule of the United 
States (HTSUS)).
---------------------------------------------------------------------------

    \12\ Some of the major types of specialty olives and their 
curing methods are:
     ``Spanish-style'' green olives. Spanish-style green 
olives have a mildly salty, slightly bitter taste, and are usually 
pitted and stuffed. This style of olive is primarily produced in 
Spain and can be made from various olive varieties. Most are stuffed 
with pimento; other popular stuffings are jalapeno, garlic, and 
cheese. The raw olives that are used to produce Spanish-style green 
olives are picked while they are unripe, after which they are 
submerged in an alkaline solution for typically less than a day to 
partially remove their bitterness, rinsed, and fermented in a strong 
salt brine, giving them their characteristic flavor.
     ``Sicilian-style'' green olives. Sicilian-style olives 
are large, firm green olives with a natural bitter and savory 
flavor. This style of olive is produced in small quantities in the 
United States using a Sevillano variety of olive and harvested green 
with a firm texture. Sicilian-style olives are processed using a 
brine-cured method, and undergo a full fermentation in a salt and 
lactic acid brine for 4 to 9 months. These olives may be sold whole 
unpitted, pitted, or stuffed.
     ``Kalamata'' olives: Kalamata olives are slightly 
curved in shape, tender in texture, and purple in color, and have a 
rich natural tangy and savory flavor. This style of olive is 
produced in Greece using a Kalamata variety olive. The olives are 
harvested after they are fully ripened on the tree, and typically 
use a brine-cured fermentation method over 4 to 9 months in a salt 
brine.
     Other specialty olives in a full range of colors, 
sizes, and origins, typically fermented in a salt brine for 3 months 
or more.
---------------------------------------------------------------------------

    The merchandise subject to this investigation is currently 
classifiable under subheadings 2005.70.0230, 2005.70.0260, 
2005.70.0430, 2005.70.0460, 2005.70.5030, 2005.70.5060, 
2005.70.6020, 2005.70.6030, 2005.70.6050, 2005.70.6060, 
2005.70.6070, 2005.70.7000, 2005.70.7510, 2005.70.7515, 
2005.70.7520, and 2005.70.7525 HTSUS. Subject merchandise may also 
be imported under subheadings 2005.70.0600, 2005.70.0800, 
2005.70.1200, 2005.70.1600, 2005.70.1800, 2005.70.2300, 
2005.70.2510, 2005.70.2520, 2005.70.2530, 2005.70.2540, 
2005.70.2550, 2005.70.2560, 2005.70.9100, 2005.70.9300, and 
2005.70.9700. Although HTSUS subheadings are provided for 
convenience and US Customs purposes, they do not define the scope of 
the investigation; rather, the written description of the subject 
merchandise is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Subsidies Valuation
VI. Partial Use of Facts Available
VII. Analysis of Programs
VIII. Calculation of the All-Others Rate
IX. ITC Notification
X. Disclosure and Public Comment
XI. Verification
XII. Conclusion

[FR Doc. 2017-25660 Filed 11-27-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                               56218                      Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Notices

                                               DEPARTMENT OF COMMERCE                                  (ACCESS). ACCESS is available to                       Consequently, the final CVD
                                                                                                       registered users at http://                            determination will be issued on the
                                               International Trade Administration                      access.trade.gov, and is available to all              same date as the final AD
                                               [C–469–818]                                             parties in the Central Records Unit,                   determination, which is currently
                                                                                                       room B8024 of the main Department of                   scheduled to be issued no later than
                                               Ripe Olives From Spain: Preliminary                     Commerce building. In addition, a                      April 3, 2018, unless postponed.
                                               Affirmative Countervailing Duty                         complete version of the Preliminary
                                                                                                       Decision Memorandum can be accessed                    All-Others Rate
                                               Determination, and Alignment of Final
                                               Determination With Final Antidumping                    directly at http://enforcement.trade.gov/                Sections 703(d) and 705(c)(5)(A) of
                                               Duty Determination                                      frn/. The signed and electronic versions               the Act provide that in the preliminary
                                                                                                       of the Preliminary Decision                            determination, the Department shall
                                               AGENCY:  Enforcement and Compliance,                    Memorandum are identical in content.                   determine an estimated all-others rate
                                               International Trade Administration,                                                                            for companies not individually
                                               Department of Commerce.                                 Scope of the Investigation                             examined. This rate shall be an amount
                                               SUMMARY: The Department of Commerce                       The products covered by this                         equal to the weighted average of the
                                               (the Department) preliminarily                          investigation are ripe olives from Spain.              estimated subsidy rates established for
                                               determines that countervailable                         For a complete description of the scope                those companies individually
                                               subsidies are being provided to                         of this investigation, see Appendix I.                 examined, excluding any zero and de
                                               producers and exporters of ripe olives                                                                         minimis rates and any rates based
                                                                                                       Scope Comments
                                               from Spain. The period of investigation                                                                        entirely under section 776 of the Act. In
                                               is January 1, 2016, through December                      In accordance with the preamble to                   this investigation, the Department
                                               31, 2016.                                               the Department’s regulations,4 the                     calculated individual estimated
                                               DATES: Application November 28, 2017.
                                                                                                       Initiation Notice set aside a period of                countervailable subsidy rates for
                                                                                                       time for parties to raise issues regarding             Aceitunas Guadalquivir S.L.U.
                                               FOR FURTHER INFORMATION CONTACT:
                                                                                                       product coverage, (i.e., scope).5 No                   (Aceitunas Guadalquivir), Agro Sevilla
                                               Mary Kolberg, Lana Nigro, or Jennifer                   interested party commented on the
                                               Shore, AD/CVD Operations, Office I,                                                                            Aceitunas S.Coop.And. (Agro Sevilla),
                                                                                                       scope of the investigation as it appeared              Angel Camacho Alimentación, S.L.
                                               Enforcement and Compliance,                             in the Initiation.
                                               International Trade Administration,                                                                            (Camacho), that are not zero, de
                                               U.S. Department of Commerce, 1401                       Methodology                                            minimis, or based entirely on facts
                                               Constitution Avenue NW., Washington,                       The Department is conducting this                   available. The Department calculated
                                               DC 20230; telephone: (202) 482–1785,                    investigation in accordance with section               the all-others rate using a weighted-
                                               (202) 482–1779, (202) 482–2778,                         701 of the Act. For each of the subsidy                average of the estimated subsidy rates
                                               respectively.                                           programs found countervailable, the                    calculated for the individually
                                                                                                       Department preliminarily determines                    examined respondents using each
                                               SUPPLEMENTARY INFORMATION:
                                                                                                       that there is a subsidy, i.e., a financial             company’s business proprietary data for
                                               Background                                              contribution by an ‘‘authority’’ that                  the merchandise under consideration.8
                                                  This preliminary determination is                    gives rise to a benefit to the recipient,              Preliminary Determination
                                               made in accordance with section 703(b)                  and that the subsidy is specific.6
                                                                                                          The Department notes that, in making                  TheDepartment preliminarily
                                               of the Tariff Act of 1930, as amended                                                                          determines that the following estimated
                                               (the Act). The Department published the                 these findings, it relied, in part, on facts
                                                                                                       available pursuant to section 776(a) of                countervailable subsidy rates exist:
                                               notice of initiation of this investigation
                                               on July 19, 2017.1 On August 30, 2017,                  the Act because information necessary
                                                                                                                                                                                                          Subsidy rate
                                               the Department postponed the                            for our analysis was not available on the                           Company                         (percent)
                                               preliminary determination of this                       record. For further information, see
                                               investigation to November 20, 2017.2                    ‘‘Partial Use of Facts Available’’ in the              Aceitunas Guadalquivir
                                               For a complete description of the events                Preliminary Decision Memorandum.                         S.L.U.9 ...............................            2.31
                                                                                                                                                              Agro Sevilla Aceitunas
                                               that followed the initiation of this                    Alignment                                                S.Coop.And .......................                 2.47
                                               investigation, see the Preliminary                                                                             Angel Camacho
                                                                                                          As noted in the Preliminary Decision
                                               Decision Memorandum.3 A list of topics                                                                           Alimentación, S.L.10 ..........                   7.24
                                                                                                       Memorandum, in accordance with
                                               discussed in the Preliminary Decision                                                                          All-Others ..............................            4.47
                                                                                                       section 705(a)(1) of the Act and 19 CFR
                                               Memorandum is included as Appendix
                                                                                                       351.210(b)(4), the Department is
                                               II to this notice. The Preliminary                                                                             Suspension of Liquidation
                                                                                                       aligning the final countervailing duty
                                               Decision Memorandum is a public
                                                                                                       (CVD) determination in this                              In accordance with section
                                               document and is on file electronically
                                                                                                       investigation with the final                           703(d)(1)(B) and (d)(2) of the Act, the
                                               via Enforcement and Compliance’s
                                                                                                       determination in the companion
                                               Antidumping and Countervailing Duty
                                                                                                       antidumping duty (AD) investigation of                   8 For a complete analysis of the data, please see
                                               Centralized Electronic Service System                                                                          the All-Others Calculation Memorandum dated
                                                                                                       Ripe Olives from Spain, based on a
                                                                                                                                                              concurrently with this notice.
                                                  1 See Ripe Olives from Spain: Initiation of
                                                                                                       request made by the petitioner.7                         9 As discussed in the Preliminary Decision
                                               Countervailing Duty Investigation, 82 FR 33050                                                                 Memorandum, the Department has found the
                                                                                                         4 See Antidumping Duties; Countervailing Duties,
                                               (July 19, 2017) (Initiation Notice).                                                                           following companies to be cross-owned with
                                                                                                       Final Rule, 62 FR 27296, 27323 (May 19, 1997).
ethrower on DSK3G9T082PROD with NOTICES




                                                  2 See Ripe Olives from Spain: Postponement of                                                               Aceitunas Guadalquivir S.L.U.: Coromar Inv., S.L.,
                                                                                                         5 See Initiation Notice.
                                               Preliminary Determination in the Countervailing                                                                AG Explotaciones Agricolas, S.L.U., and Grupo
                                               Duty Investigation, 82 FR 41210 (August 30, 2017).        6 See sections 771(5)(B) and (D) of the Act          Aceitunas Guadalquivir, S.L.
                                                  3 See Memorandum, ‘‘Decision Memorandum for          regarding financial contribution; section 771(5)(E)      10 As discussed in the Preliminary Decision

                                               the Preliminary Determination of the                    of the Act regarding benefit; and section 771(5A) of   Memorandum, the Department has found the
                                               Countervailing Duty Investigation of Ripe Olives        the Act regarding specificity.                         following companies to be cross-owned with Angel
                                               from Spain,’’ dated concurrently with, and hereby         7 See Letter from the petitioner, ‘‘Request for      Camacho Alimentación, S.L.: Grupo Angel
                                               adopted by, this notice (Preliminary Decision           Alignment of Final Determination,’’ dated              Camacho Alimentacı́on, Cuarterola S.L., and
                                               Memorandum).                                            November 16, 2017.                                     Cucanoche S.L.



                                          VerDate Sep<11>2014   19:51 Nov 27, 2017   Jkt 244001   PO 00000   Frm 00011   Fmt 4703   Sfmt 4703   E:\FR\FM\28NON1.SGM     28NON1


                                                                          Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Notices                                                          56219

                                               Department will direct U.S. Customs                     date to be determined. Parties should                      ‘‘Sicilian-style,’’ and other similar olives) that
                                               and Border Protection (CBP) to suspend                  confirm by telephone the date, time, and                   have been processed by fermentation only, or
                                               liquidation of entries of subject                       location of the hearing two days before                    by being cured in an alkaline solution for not
                                               merchandise as described in the scope                   the scheduled date.                                        longer than 12 hours and subsequently
                                               of the investigation section entered, or                   International Trade Commission                          fermented; and (2) provisionally prepared
                                                                                                       Notification                                               olives unsuitable for immediate consumption
                                               withdrawn from warehouse, for
                                                                                                          In accordance with section 703(f) of                    (currently classifiable in subheading 0711.20
                                               consumption on or after the date of                                                                                of the Harmonized Tariff Schedule of the
                                               publication of this notice in the Federal               the Act, the Department will notify the                    United States (HTSUS)).
                                               Register. Further, pursuant to 19 CFR                   International Trade Commission (ITC) of                       The merchandise subject to this
                                               351.205(d), the Department will instruct                its determination. If the final                            investigation is currently classifiable under
                                               CBP to require a cash deposit equal to                  determination is affirmative, the ITC                      subheadings 2005.70.0230, 2005.70.0260,
                                               the rates indicated above.                              will make its determination before the                     2005.70.0430, 2005.70.0460, 2005.70.5030,
                                                                                                       later of 120 days after the date of this                   2005.70.5060, 2005.70.6020, 2005.70.6030,
                                               Disclosure                                              preliminary determination or 45 days                       2005.70.6050, 2005.70.6060, 2005.70.6070,
                                                  The Department intends to disclose                   after the final determination.                             2005.70.7000, 2005.70.7510, 2005.70.7515,
                                               its calculations and analysis performed                                                                            2005.70.7520, and 2005.70.7525 HTSUS.
                                                                                                       Notification to Interested Parties                         Subject merchandise may also be imported
                                               to interested parties in this preliminary
                                               determination within five days of its                     This determination is issued and                         under subheadings 2005.70.0600,
                                                                                                       published pursuant to sections 703(f)                      2005.70.0800, 2005.70.1200, 2005.70.1600,
                                               public announcement, or if there is no
                                                                                                       and 777(i) of the Act and 19 CFR                           2005.70.1800, 2005.70.2300, 2005.70.2510,
                                               public announcement, within five days                                                                              2005.70.2520, 2005.70.2530, 2005.70.2540,
                                               of the date of this notice in accordance                351.205(c).
                                                                                                                                                                  2005.70.2550, 2005.70.2560, 2005.70.9100,
                                               with 19 CFR 351.224(b).                                   Dated: November 20, 2017.                                2005.70.9300, and 2005.70.9700. Although
                                               Verification                                            Gary Taverman,                                             HTSUS subheadings are provided for
                                                                                                       Deputy Assistant Secretary for Antidumping                 convenience and US Customs purposes, they
                                                  As provided in section 782(i)(1) of the              and Countervailing Duty Operations,                        do not define the scope of the investigation;
                                               Act, the Department intends to verify                   performing the non-exclusive functions and                 rather, the written description of the subject
                                               the information relied upon in making                   duties of the Assistant Secretary for                      merchandise is dispositive.
                                               its final determination.                                Enforcement and Compliance.
                                                                                                                                                                  Appendix II
                                               Public Comment                                          Appendix I
                                                  Case briefs or other written comments                Scope of the Investigation                                 List of Topics Discussed in the Preliminary
                                               may be submitted to the Assistant                                                                                  Decision Memorandum
                                                                                                          The products covered by this investigation
                                               Secretary for Enforcement and                           are certain processed olives, usually referred             I. Summary
                                               Compliance no later than seven days                     to as ‘‘ripe olives.’’ The subject merchandise             II. Background
                                               after the date on which the last                        includes all colors of olives; all shapes and              III. Scope Comments
                                               verification report is issued in this                   sizes of olives, whether pitted or not pitted,             IV. Scope of the Investigation
                                               investigation. Rebuttal briefs, limited to              and whether whole, sliced, chopped, minced,                V. Subsidies Valuation
                                               issues raised in case briefs, may be                    wedged, broken, or otherwise reduced in                    VI. Partial Use of Facts Available
                                                                                                       size; all types of packaging, whether for                  VII. Analysis of Programs
                                               submitted no later than five days after
                                                                                                       consumer (retail) or institutional (food                   VIII. Calculation of the All-Others Rate
                                               the deadline date for case briefs.11                                                                               IX. ITC Notification
                                                                                                       service) sale, and whether canned or
                                               Pursuant to 19 CFR 351.309(c)(2) and                    packaged in glass, metal, plastic, multi-                  X. Disclosure and Public Comment
                                               (d)(2), parties who submit case briefs or               layered airtight containers (including                     XI. Verification
                                               rebuttal briefs in this investigation are               pouches), or otherwise; and all manners of                 XII. Conclusion
                                               encouraged to submit with each                          preparation and preservation, whether low                  [FR Doc. 2017–25660 Filed 11–27–17; 8:45 am]
                                               argument: (1) A statement of the issue;                 acid or acidified, stuffed or not stuffed, with
                                                                                                                                                                  BILLING CODE 3510–DS–P
                                               (2) a brief summary of the argument;                    or without flavoring and/or saline solution,
                                               and (3) a table of authorities.                         and including in ambient, refrigerated, or
                                                                                                       frozen conditions.                                         produce Spanish-style green olives are picked while
                                                  Pursuant to 19 CFR 351.310(c),                                                                                  they are unripe, after which they are submerged in
                                               interested parties who wish to request a                   Included are all ripe olives grown,
                                                                                                       processed in whole or in part, or packaged                 an alkaline solution for typically less than a day to
                                               hearing, limited to issues raised in the                                                                           partially remove their bitterness, rinsed, and
                                                                                                       in Spain. Subject merchandise includes ripe                fermented in a strong salt brine, giving them their
                                               case and rebuttal briefs, must submit a                 olives that have been further processed in                 characteristic flavor.
                                               written request to the Assistant                        Spain or a third country, including but not                   • ‘‘Sicilian-style’’ green olives. Sicilian-style
                                               Secretary for Enforcement and                           limited to curing, fermenting, rinsing,                    olives are large, firm green olives with a natural
                                               Compliance, U.S. Department of                          oxidizing, pitting, slicing, chopping,                     bitter and savory flavor. This style of olive is
                                               Commerce within 30 days after the date                  segmenting, wedging, stuffing, packaging, or               produced in small quantities in the United States
                                               of publication of this notice. Requests                 heat treating, or any other processing that                using a Sevillano variety of olive and harvested
                                                                                                       would not otherwise remove the                             green with a firm texture. Sicilian-style olives are
                                               should contain the party’s name,                                                                                   processed using a brine-cured method, and undergo
                                               address, and telephone number, the                      merchandise from the scope of the
                                                                                                                                                                  a full fermentation in a salt and lactic acid brine
                                                                                                       investigation if performed in Spain.
                                               number of participants, whether any                                                                                for 4 to 9 months. These olives may be sold whole
                                                                                                          Excluded from the scope are: (1) Specialty              unpitted, pitted, or stuffed.
                                               participant is a foreign national, and a                olives 12 (including ‘‘Spanish-style,’’                       • ‘‘Kalamata’’ olives: Kalamata olives are slightly
                                               list of the issues to be discussed. If a                                                                           curved in shape, tender in texture, and purple in
                                               request for a hearing is made, the
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                                                                                                         12 Some of the major types of specialty olives and       color, and have a rich natural tangy and savory
                                               Department intends to hold the hearing                  their curing methods are:                                  flavor. This style of olive is produced in Greece
                                               at the U.S. Department of Commerce,                       • ‘‘Spanish-style’’ green olives. Spanish-style          using a Kalamata variety olive. The olives are
                                                                                                       green olives have a mildly salty, slightly bitter taste,   harvested after they are fully ripened on the tree,
                                               1401 Constitution Avenue NW.,                                                                                      and typically use a brine-cured fermentation
                                                                                                       and are usually pitted and stuffed. This style of
                                               Washington, DC 20230, at a time and                     olive is primarily produced in Spain and can be            method over 4 to 9 months in a salt brine.
                                                                                                       made from various olive varieties. Most are stuffed           • Other specialty olives in a full range of colors,
                                                  11 See 19 CFR 351.309; see also 19 CFR 351.303       with pimento; other popular stuffings are jalapeno,        sizes, and origins, typically fermented in a salt
                                               (for general filing requirements).                      garlic, and cheese. The raw olives that are used to        brine for 3 months or more.



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Document Created: 2017-11-28 01:50:45
Document Modified: 2017-11-28 01:50:45
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
DatesApplication November 28, 2017.
ContactMary Kolberg, Lana Nigro, or Jennifer Shore, 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- 1785, (202) 482-1779, (202) 482-2778, respectively.
FR Citation82 FR 56218 

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