83 FR 28186 - Ripe Olives From Spain: Final Affirmative Countervailing Duty Determination
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 117 (June 18, 2018)
International Trade Administration
Federal Register Volume 83, Issue 117 (June 18, 2018)
| Page Range | 28186-28189 | |
| FR Document | 2018-12990 |
[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)] [Notices] [Pages 28186-28189] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-12990] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-469-818] Ripe Olives From Spain: Final Affirmative Countervailing Duty Determination AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of ripe olives from Spain. The period of investigation (POI) is January 1, 2016, through December 31, 2016. DATES: Applicable June 18, 2018. FOR FURTHER INFORMATION CONTACT: Mary Kolberg or Lana Nigro, 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, or (202) 482-1779, respectively. SUPPLEMENTARY INFORMATION: Background On November 28, 2017, Commerce published the Preliminary Determination of this countervailing duty investigation, as provided by section 705 of the Tariff Act of 1930, as amended (the Act), in which Commerce found that countervailable subsidies are being provided to producers and exporters of ripe olives from Spain.\1\ A summary of the events that have occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum which is hereby adopted by this notice.\2\ --------------------------------------------------------------------------- \1\ See Ripe Olives from Spain: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination with Final Antidumping Duty Determination, 82 FR 56218 (November 28, 2017) and accompanying Preliminary Decision Memorandum (Preliminary Decision Memorandum) (collectively, Preliminary Determination). \2\ See Memorandum, ``Issues and Decision Memorandum for the Final Affirmative Countervailing Duty Determination for Ripe Olives from Spain,'' dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Scope of the Investigation The product covered by this investigation is 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 Commerce's regulations,\3\ the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope). No interested party commented on the scope of the investigation as it appeared in the Initiation Notice during the scope comment period.\4\ For the Preliminary Determination, Commerce did not modify the scope language as it appeared in the Initiation Notice. However, the issue of cocktail mixes arose in the context of the companion antidumping duty (AD) investigation on ripe olives from Spain. In the April 3, 2018, post- preliminary we issued with respect to the scope of the investigation, we found that: (i) Ripe olives contained in cocktail mixes are in the scope, but that the remaining ingredients are not in the scope, and (ii) we clarified the scope by adding language concerning ripe olives contained in cocktail mixes.\5\ As a result of our analysis of comments received in response to this post-preliminary analysis, we have modified the scope of this investigation for this final determination. For a summary of the product coverage comments and rebuttal responses submitted to the record for this final determination, and accompanying discussion and analysis [[Page 28187]] of all comments timely received, see the Issues and Decision Memorandum.\6\ --------------------------------------------------------------------------- \3\ See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). \4\ See Ripe Olives from Spain: Initiation of Countervailing Duty Investigation, 82 FR 33050 (July 19, 2017) (Initiation Notice). \5\ See Memorandum, ``Ripe Olives from Spain: Post-Preliminary Scope Clarification Decision Memorandum,'' dated April 3, 2018. \6\ See Issues and Decision Memorandum at Comment 30. --------------------------------------------------------------------------- Methodology Commerce is conducting this CVD investigation in accordance with section 701 of the Act. For each of the subsidy programs found to be countervailable, we determine 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. For a full description of the methodology underlying our final determination, see the Issues and Decisions Memorandum. Verification As provided in section 782(i) of the Act, in February and March 2018, we conducted verification of the information submitted by the European Commission, the Government of Spain, and the mandatory respondents Aceitunas Guadalquivir S.L. (AG), Agro Sevilla Aceitunas S.COOP.And. (Agro Sevilla) and Angel Camacho Alimentacion S.L. (Camacho) for use in Commerce's final determination. We used standard verification procedures, including an examination of relevant accounting records and original source documents provided by the respondents. Analysis of Comments Received The subsidies programs under investigation and all issues raised in the case and rebuttal briefs that were submitted by parties in this investigation are addressed in the Issues and Decision Memorandum. A list of these issues is attached to this notice as Appendix II. The Issues and 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 to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. Adverse Facts Available If necessary information is not available on the record, or an interested party withholds information, fails to provide requested information in a timely manner, significantly impedes a proceeding by not providing information, or information provided cannot be verified, Commerce will apply facts available, pursuant to section 776(a)(1) and (2) of the Act. For purposes of this final determination, Commerce relied, in part, on facts available and, because certain respondents did not cooperate by not acting to the best of their ability to respond to the Commerce's requests for information, we drew an adverse inference, where appropriate, in selecting from among the facts otherwise available.\7\ A full discussion of our decision to rely on adverse facts available is presented in the ``Application of Facts Otherwise Available and Use of Adverse Inferences'' section of the Issues and Decision Memorandum. --------------------------------------------------------------------------- \7\ See sections 776(a) and (b) of the Act. --------------------------------------------------------------------------- Changes Since the Preliminary Determination Based on Commerce's analysis of the comments received and its findings at verification, Commerce made certain changes to the subsidy rate calculations for AG, Agro Sevilla and Camacho.\8\ In addition, Commerce revised the subsidy rate calculations for the respondents to reflect the reliance on partial facts available with an adverse inference pursuant to section 776(b) of the Act. Because of these changes to the estimated subsidy rate for each mandatory respondent we have also revised the subsidy rate applicable to all other prroducers and exporters (the all-others rate). --------------------------------------------------------------------------- \8\ See the ``Discussion of the Issues'' section of the Issues and Decision Memorandum and the company-specific analysis memoranda dated concurrently with, and hereby incorporated by, this notice. --------------------------------------------------------------------------- All-Others Rate Section 705(c)(5)(A) of the Act provides that in the final determination, Commerce shall determine an estimated subsidy rate for all exporters or producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those exporters and producers individually examined, excluding any zero and de minimis countervailable subsidy rates, and any rates based entirely under section 776 of the Act. In this investigation, we calculated individually estimated countervailable subsidy rates for AG, Agro Sevilla and Camacho, that are not zero, de minimis, or based entirely on facts otherwise available. Because there are three estimated subsidy rates available and doing so would not reveal business proprietary information, we calculated the all-others rate using a weighted-average of the individually estimated subsidy rates calculated for the examined respondents using each respondent's business proprietary data for the merchandise under consideration.\9\ --------------------------------------------------------------------------- \9\ For a complete analysis of the data, see Memorandum, ``Countervailing Duty Investigation of Ripe Olives form Spain: Calculation of the All-Others Calculation Rate for the Final Determination,'' dated concurrently with this notice. --------------------------------------------------------------------------- Final Determination We determine that the following estimated countervailable subsidy rates exist: ------------------------------------------------------------------------ Subsidy Exporter/producer rate (percent) ------------------------------------------------------------------------ Aceitunas Guadalquivir S.L.\10\............................. 27.02 Agro Sevilla Aceitunas S.COOP.And.\11\...................... 7.52 Angel Camacho Alimentacion S.L.............................. 13.22 All-Others.................................................. 14.75 ------------------------------------------------------------------------ Disclosure --------------------------------------------------------------------------- \10\ In the companion AD investigation, this company's name is spelled as Aceitunas Guadalquivir S.L. --------------------------------------------------------------------------- We intend to disclose to interested parties the calculations and analysis performed in this final determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). --------------------------------------------------------------------------- \11\ In the companion AD investigation, this company's name is spelled as Agro Sevilla Aceitunas S.Coop Andalusia. --------------------------------------------------------------------------- Suspension of Liquidation As a result of our Preliminary Determination, and pursuant to sections 703(d)(1)(B) and (2) of the Act, we instructed U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of merchandise under consideration from Spain that were entered or withdrawn from warehouse, for consumption, on or after November 28, 2017, the date of publication of the Preliminary Determination in the Federal Register. In accordance with section 703(d) of the Act, effective March 28, 2018, we instructed CBP to discontinue the suspension of liquidation of all entries at that time, but to continue the suspension of liquidation of all entries between November 28, 2017, and March 27, 2018. If the U.S. International Trade Commission (ITC) makes a final affirmative injury determination we will issue a CVD order, reinstate the [[Page 28188]] suspension of liquidation under section 706(a) of the Act, and require a cash deposit of estimated CVDs for such entries of subject merchandise in the amounts indicated above. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all estimated duties deposited as a result of the suspension of liquidation will be refunded or cancelled. International Trade Commission Notification In accordance with section 705(d) of the Act, Commerce will notify the ITC of its final determination. Because the final determination in this proceeding is affirmative, in accordance with section 705(b)(2)(B) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of ripe olives from Spain no later than 45 days after Commerce's final determination. Notification to Interested Parties This notice serves as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a violation subject to sanction. This determination and this notice are issued and published pursuant to sections 705(d) and 777(i)(1) of the Act. Dated: June 11, 2018. 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, multilayered 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. Subject merchandise includes ripe olives that otherwise meet the definition above that are packaged together with non-subject products, where the smallest individual packaging unit (e.g., can, pouch, jar, etc.) of any such product--regardless of whether the smallest unit of packaging is included in a larger packaging unit (e.g., display case, etc.)--contains a majority (i.e., more than 50 percent) of ripe olives by net drained weight. The scope does not include the non-subject components of such product. 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 Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Scope Comments V. Subsidies Valuation VI. Loan Interest Rate Benchmarks and Discount Rates VII. Application of Facts Otherwise Available and Use of Adverse Inference VIII. Analysis of Programs IX. Discussion of the Issues Comment 1: Whether Section 771B of the Act is Applicable in This Investigation Comment 2: Whether a Pass-Through Analysis is Required Comment 3: Whether the EU CAP Pillar I -BPS, SPS, and Greening Programs are Countervailable Comment 4: Whether EU CAP Pillar II Agricultural Fund for Rural Development is Specific Comment 5: Whether Commerce Should AFA to the Non-Cooperating Growers Comment 6: Whether Commerce used the Correct Calculation Methodology to Measure Subsides Received by the Respondents Comment 7: Whether Commerce Should Remove Non-Growers and Adjust the Calculation of Benefits to Exclude the Olive Volume of Non- Producing Suppliers Comment 8: Whether Commerce Should Apply AFA to Agro Sevilla Regarding Cross-Ownership with its First-Tier Suppliers Comment 9: Whether Grant Funding Sourced From the ERDF is Regionally Specific Comment 10: Whether the EU Sustainable Energy Development of Andalusia Scheme Program is Specific Comment 11: Whether the PROSOL Program is Specific Comment 12: Whether the EU Regional Development Fund and IDEA Program is Specific Comment 13: Whether the EU Environment and Climate Action (LIFE) Program is Specific Comment 14: Whether the SAIS Program is Specific Comment 15: Whether Financing Sourced from the Spanish Official Credit Institute (ICO) is Countervailable Comment 16: Whether Commerce Should Adjust the Interest Rate Used in Certain [[Page 28189]] Long-Term ICO Financing to Angel Camacho Comment 17: Whether Commerce Should Adjust the Calculation of European Investment Bank (EIB) Financing Received by Agro Sevilla Comment 18: Whether To Apply AFA to the CDTI Program Comment 19: Whether the CDTI Program is Export Specific Comment 20: Whether Commerce Should Apply AFA to Angel Camacho's Unreported Grant Presented at Verification Comment 21: Whether Commerce Should Rely on ``Unverified'' Information Comment 22: Whether Commerce Should Adjust the Volume of Raw Olives Purchased to Account for Waste Loss Comment 23: Whether Commerce Should Accept Rejected Submission from the GOS and the Respondents Comment 24: Comments on the Verification Reports Comment 26: Whether Commerce's Conduct in This Investigation Meets the Requirements of the ASCM Comment 26: Whether Other Discovered Subsidies Should be Included in this Investigation and Whether Other Assistance Can Form the Basis for Applying AFA Comment 27: Whether Commerce Should Include the Corrections of the Alleged Ministerial Errors Comment 28: Commerce Must Use Corrected and Revised Data in the Calculations Comment 29: Whether To Clarify the Scope of the Investigation to Include Ripe Olives Contained in Cocktail Mixes Comment 30: The Product to Which the Countervailing Duty Applies X. Recommendation [FR Doc. 2018-12990 Filed 6-15-18; 8:45 am] BILLING CODE 3510-DS-P
![28186 Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices
(FACA), that a meeting of the Maryland Office, as they become available, both exporters of ripe olives from Spain.1 A
Advisory Committee to the Commission before and after the meetings. Persons summary of the events that have
will convene by conference call at 11:00 interested in the work of this advisory occurred since Commerce published the
a.m. (EDT) on Thursday, July 12, 2018. committee are advised to go to the Preliminary Determination, as well as a
The purpose of the meeting is to Commission’s website, www.usccr.gov, full discussion of the issues raised by
continue discussion of speaker selection or to contact the Eastern Regional Office parties for this final determination, may
and logistics for the August briefing on at the above phone numbers, email or be found in the Issues and Decision
education disparity. street address. Memorandum which is hereby adopted
DATES: Thursday, July 12, 2018, at 11:00 by this notice.2
Agenda
a.m. (EDT). Scope of the Investigation
Public Call-In Information: Thursday, July 12, 2018 at 11:00 a.m.
Conference call-in number: 1–877–741– (EDT) The product covered by this
4240 and conference ID: 4020227. investigation is ripe olives from Spain.
• Rollcall For a complete description of the scope
FOR FURTHER INFORMATION CONTACT: • Planning Meeting to Discuss Speaker of this investigation, see Appendix I.
Evelyn Bohor at ero@usccr.gov or by Selection and Logistics for August
phone at 202–376–7533. Briefing Scope Comments
SUPPLEMENTARY INFORMATION: Interested • Other Business In accordance with the preamble to
members of the public may listen to the • Open Comment Commerce’s regulations,3 the Initiation
discussion by calling the following toll- • Adjourn Notice set aside a period of time for
free conference call-in number: 1–877– Dated: June 12, 2018. parties to raise issues regarding product
741–4240 and conference ID: 4020227. David Mussatt, coverage (i.e., scope). No interested
Please be advised that before placing party commented on the scope of the
Supervisory Chief, Regional Programs Unit.
them into the conference call, the investigation as it appeared in the
[FR Doc. 2018–12917 Filed 6–15–18; 8:45 am]
conference call operator will ask callers Initiation Notice during the scope
to provide their names, their BILLING CODE P
comment period.4 For the Preliminary
organizational affiliations (if any), and Determination, Commerce did not
email addresses (so that callers may be modify the scope language as it
notified of future meetings). Callers can DEPARTMENT OF COMMERCE appeared in the Initiation Notice.
expect to incur charges for calls they However, the issue of cocktail mixes
initiate over wireless lines, and the International Trade Administration arose in the context of the companion
Commission will not refund any antidumping duty (AD) investigation on
[C–469–818]
incurred charges. Callers will incur no ripe olives from Spain. In the April 3,
charge for calls they initiate over land- Ripe Olives From Spain: Final 2018, post-preliminary we issued with
line connections to the toll-free Affirmative Countervailing Duty respect to the scope of the investigation,
conference call-in number. Determination we found that: (i) Ripe olives contained
Persons with hearing impairments in cocktail mixes are in the scope, but
may also follow the discussion by first AGENCY: Enforcement and Compliance, that the remaining ingredients are not in
calling the Federal Relay Service at International Trade Administration, the scope, and (ii) we clarified the scope
1–800–877–8339 and providing the Department of Commerce. by adding language concerning ripe
operator with the toll-free conference SUMMARY: The Department of Commerce olives contained in cocktail mixes.5 As
call-in number: 1–877–741–4240 and (Commerce) determines that a result of our analysis of comments
conference ID: 4020227. countervailable subsidies are being received in response to this post-
Members of the public are invited to provided to producers and exporters of preliminary analysis, we have modified
make statements during the open ripe olives from Spain. The period of the scope of this investigation for this
comment period of the meeting or investigation (POI) is January 1, 2016, final determination. For a summary of
submit written comments. The through December 31, 2016. the product coverage comments and
comments must be received in the DATES: Applicable June 18, 2018. rebuttal responses submitted to the
regional office approximately 30 days record for this final determination, and
FOR FURTHER INFORMATION CONTACT:
after each scheduled meeting. Written accompanying discussion and analysis
Mary Kolberg or Lana Nigro, AD/CVD
comments may be mailed to the Eastern
Operations, Office I, Enforcement and
Regional Office, U.S. Commission on 1 See Ripe Olives from Spain: Preliminary
Compliance, International Trade Affirmative Countervailing Duty Determination and
Civil Rights, 1331 Pennsylvania
Administration, U.S. Department of Alignment of Final Determination with Final
Avenue, Suite 1150, Washington, DC Antidumping Duty Determination, 82 FR 56218
Commerce, 1401 Constitution Avenue
20425, faxed to (202) 376–7548, or (November 28, 2017) and accompanying
NW, Washington, DC 20230; telephone: Preliminary Decision Memorandum (Preliminary
emailed to Evelyn Bohor at ero@
(202) 482–1785, or (202) 482–1779, Decision Memorandum) (collectively, Preliminary
usccr.gov. Persons who desire
respectively. Determination).
additional information may contact the 2 See Memorandum, ‘‘Issues and Decision
Eastern Regional Office at (202) 376– SUPPLEMENTARY INFORMATION: Memorandum for the Final Affirmative
7533. Background
Countervailing Duty Determination for Ripe Olives
Records and documents discussed from Spain,’’ dated concurrently with, and hereby
On November 28, 2017, Commerce adopted by, this notice (Issues and Decision
during the meeting will be available for
amozie on DSK3GDR082PROD with NOTICES1
Memorandum).
public viewing as they become available published the Preliminary 3 See Antidumping Duties; Countervailing Duties,
at https://facadatabase.gov/committee/ Determination of this countervailing Final Rule, 62 FR 27296, 27323 (May 19, 1997).
meetings.aspx?cid=253, click the duty investigation, as provided by 4 See Ripe Olives from Spain: Initiation of
‘‘Meeting Details’’ and ‘‘Documents’’ section 705 of the Tariff Act of 1930, as Countervailing Duty Investigation, 82 FR 33050
amended (the Act), in which Commerce (July 19, 2017) (Initiation Notice).
links. Records generated from this 5 See Memorandum, ‘‘Ripe Olives from Spain:
meeting may also be inspected and found that countervailable subsidies are Post-Preliminary Scope Clarification Decision
reproduced at the Eastern Regional being provided to producers and Memorandum,’’ dated April 3, 2018.
VerDate Sep<11>2014 18:00 Jun 15, 2018 Jkt 244001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\18JNN1.SGM 18JNN1](https://thefederalregister.org/doc/83_FR_28303/page/1.svg)
![Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices 28189
Long-Term ICO Financing to Angel received a countervailing duty (CVD) CVD investigation, the petition is
Camacho petition concerning imports of steel accompanied by information reasonably
Comment 17: Whether Commerce Should propane cylinders from the People’s available to the petitioners supporting
Adjust the Calculation of European
Republic of China (China), and their allegations.
Investment Bank (EIB) Financing
antidumping duty (AD) petitions Commerce finds that the petitioners
Received by Agro Sevilla
Comment 18: Whether To Apply AFA to concerning imports of steel propane filed the petition on behalf of the
the CDTI Program cylinders from China, Taiwan, and domestic industry because the
Comment 19: Whether the CDTI Program is Thailand filed in proper form on behalf petitioners are interested parties as
Export Specific of Worthington Industries and defined in section 771(9)(C) of the Act.
Comment 20: Whether Commerce Should Manchester Tank & Equipment Co. (the We also find that the petitioners
Apply AFA to Angel Camacho’s petitioners).1 The petitioners are demonstrated sufficient industry
Unreported Grant Presented at domestic producers of steel propane support with respect to the initiation of
Verification
cylinders.2 this CVD investigation that the
Comment 21: Whether Commerce Should
Rely on ‘‘Unverified’’ Information
The petitioners amended the scope of petitioners are requesting.7
Comment 22: Whether Commerce Should the petitioners on May 24, 2018.3 On
May 25, 2018, Commerce requested Period of Investigation
Adjust the Volume of Raw Olives
Purchased to Account for Waste Loss supplemental information pertaining to Because the petition was filed on May
Comment 23: Whether Commerce Should certain areas of the petition.4 The 22, 2018, the period of investigation is
Accept Rejected Submission from the petitioners filed responses to these January 1, 2017, through December 31,
GOS and the Respondents requests on May 30, 2018.5 On May 30, 2017.8
Comment 24: Comments on the 2018, the petitioners submitted certain
Verification Reports Scope of the Investigation
revisions to the scope.6
Comment 26: Whether Commerce’s In accordance with section 702(b)(1) The products covered by this
Conduct in This Investigation Meets the investigation are steel propane cylinders
Requirements of the ASCM of the Tariff Act of 1930, as amended
Comment 26: Whether Other Discovered (the Act), the petitioners allege that the from China. For a full description of the
Subsidies Should be Included in this Government of China (GOC) is scope of the investigation, see the
Investigation and Whether Other providing countervailable subsidies, Appendix to this notice.
Assistance Can Form the Basis for within the meaning of sections 701 and Comments on Scope of the Investigation
Applying AFA 771(5) of the Act, to producers of steel
Comment 27: Whether Commerce Should propane cylinders in China and imports During our review of the petition,
Include the Corrections of the Alleged of such products are materially injuring, Commerce issued questions to, and
Ministerial Errors or threatening material injury to, the received responses from, the petitioners
Comment 28: Commerce Must Use pertaining to the proposed scope to
domestic steel propane cylinders
Corrected and Revised Data in the ensure that the scope language in the
Calculations industry in the United States. Consistent
with section 702(b)(1) of the Act and 19 petition is an accurate reflection of the
Comment 29: Whether To Clarify the Scope
of the Investigation to Include Ripe CFR 351.202(b), for those alleged product for which the domestic industry
Olives Contained in Cocktail Mixes programs on which we are initiating a is seeking relief.9 As a result of these
Comment 30: The Product to Which the exchanges, the scope of the petition was
Countervailing Duty Applies 1 See Petitioners’ Letter, ‘‘Steel Propane Cylinders modified to clarify the description of
X. Recommendation from the People’s Republic of China, Taiwan, and merchandise covered by the petition.
Thailand: Petition for the Imposition of The description of the merchandise
[FR Doc. 2018–12990 Filed 6–15–18; 8:45 am] Antidumping and Countervailing Duties,’’ dated
BILLING CODE 3510–DS–P May 22, 2018 (the Petitions). For the purposes of covered by this initiation, as described
the instant notice, all references to ‘the Petition,’ in the Appendix to this notice, reflects
herein, refer specifically to the CVD Petition, and these clarifications.
all references to ‘‘AD Petitions,’’ herein refer As discussed in the Preamble to
DEPARTMENT OF COMMERCE specifically to the petitioners filed in the
companion AD proceedings.
Commerce’s regulations, we are setting
International Trade Administration 2 See Petition at Volume I at 1–2. aside a period for interested parties to
3 See Petitioners’ Letter, ‘‘Steel Propane Cylinders raise issues regarding product coverage
[C–570–087]
from the People’s Republic of China, Taiwan, and (scope), including comments on
Thailand: Petitioners’ Amendment to Volume I whether it is appropriate to refer to the
Steel Propane Cylinders From the Relating to General Issues,’’ dated May 24, 2018
People’s Republic of China: Initiation (Scope Amendment). subject merchandise as ‘‘steel propane
of Countervailing Duty Investigation 4 See Department Letter re: Petition for the cylinders’’ (emphasis added) or just as
Imposition of Countervailing Duties on Imports of ‘‘steel cylinders,’’ given that the
AGENCY: Enforcement and Compliance, Steel Propane Cylinders from the People’s Republic petitioners intend to cover all products
International Trade Administration, of China: Supplemental Questions, dated May 25,
2018; and Department Letter re: Petitions for the that meet the physical description of the
Department of Commerce. Imposition of Antidumping and Countervailing scope regardless of whether they
DATES: Applicable June 11, 2018. Duties on Imports of Steel Propane Cylinders from ultimately contain or transport
FOR FURTHER INFORMATION CONTACT: the People’s Republic of China, Taiwan, and compressed or liquefied propane gas.10
Thailand: Supplemental Questions, dated May 25,
Samuel Brummitt, AD/CVD Operations, 2018 (Petition Supplemental Questions).
7 See ‘‘Determination of Industry Support for the
Office III, Enforcement and Compliance, 5 See Petitioners’ Letter, ‘‘Steel Propane Cylinders
Petition’’ section, infra.
International Trade Administration, from the People’s Republic of China, Taiwan, and
8 See 19 CFR 351.204(b)(2).
U.S. Department of Commerce, 1401 Thailand—Petitioners’ Supplement to Volume I
amozie on DSK3GDR082PROD with NOTICES1
9 See Petition Supplemental Questions; see also
Relating to General Issues,’’ dated May 30, 2018
Constitution Avenue NW, Washington, (General Issues Supplement); see also Petitioners’ General Issues Supplement at 11–12.
DC 20230; telephone (202) 482–7851. Letter, ‘‘Steel Propane Cylinders from the People’s 10 See Antidumping Duties; Countervailing
SUPPLEMENTARY INFORMATION: Republic of China, Taiwan, and Thailand— Duties, Final Rule, 62 FR 27296, 27323 (May 19,
Petitioners’ Amendment to Volume V Relating to 1997) (Preamble); see also General Issues
The Petition the People’s Republic of China Countervailing Supplement, at 4 and 8–9. On June 11, 2018, the
Duties,’’ dated May 30, 2018 (China CVD Petition petitioners filed proposed revisions to the scope
On May 22, 2018, the U.S. Supplement). language for Commerce’s consideration. See letter
Department of Commerce (Commerce) 6 See General Issues Supplement at 11–12. Continued
VerDate Sep<11>2014 18:00 Jun 15, 2018 Jkt 244001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\18JNN1.SGM 18JNN1](https://thefederalregister.org/doc/83_FR_28303/page/4.svg)
Document Created: 2018-06-18 15:50:45
Document Modified: 2018-06-18 15:50:45
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable June 18, 2018. | |
| Contact | Mary Kolberg or Lana Nigro, 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, or (202) 482-1779, respectively. | |
| FR Citation | 83 FR 28186 |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR