83 FR 28193 - Ripe Olives From Spain: Final Affirmative Determination of Sales at Less Than Fair Value
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 | 28193-28195 | |
| FR Document | 2018-12991 |
[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)] [Notices] [Pages 28193-28195] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-12991] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-469-817] Ripe Olives From Spain: Final Affirmative Determination of Sales at Less Than Fair Value AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that ripe olives from Spain are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2016, through March 31, 2017. DATES: Applicable June 18, 2018. FOR FURTHER INFORMATION CONTACT: Catherine Cartsos, Bryan Hansen or Peter Zukowski, 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) 482-1757, (202) 482-3683 or (202) 482-0189, respectively. SUPPLEMENTARY INFORMATION: Background On January 26, 2018, Commerce published the Preliminary Determination of this LTFV investigation in which Commerce found that ripe olives from Spain were sold at LTFV.\1\ For 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, see the Issues and Decision Memorandum.\2\ --------------------------------------------------------------------------- \1\ See Ripe Olives from Spain: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 83 FR 3677 (January 26, 2018) and accompanying Preliminary Decision Memorandum (Preliminary Decision Memorandum) (collectively, Preliminary Determination). \2\ See Memorandum, ``Issues and Decision Memorandum for the Final Affirmative Determination in the Less than Fair Value Investigation of 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\ In the context of supplemental questionnaire responses, two of the three mandatory respondents in the LTFV investigation reported sales of cocktail mixes but stated that they believe cocktail mixes are not within the scope of the investigation. In response, the petitioner \5\ commented that the respondents cannot unilaterally determine whether cocktail mixes are outside the scope. For the Preliminary Determination, we did not modify the scope language as it appeared in the Initiation Notice. We included all sales of cocktail mixes and their associated costs in our margin calculations, and solicited further information from parties concerning cocktail mixes for purposes of the final determination. In the April 3, 2018, post-preliminary analysis 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.\6\ 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 of all comments timely received, see the Issues and Decision Memorandum.\7\ --------------------------------------------------------------------------- \3\ See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). \4\ See Ripe Olives from Spain: Initiation of Less-Than-Fair- Value Investigation, 82 FR 33054 (July 19, 2017) (Initiation Notice). \5\ The Coalition for Fair Trade on Ripe Olives. \6\ See Memorandum, ``Ripe Olives from Spain: Post-Preliminary Scope Clarification Decision Memorandum,'' dated April 3, 2018. \7\ See Issues and Decision Memorandum at Comment 1. --------------------------------------------------------------------------- Verification As provided in section 782(i) of the Act, in February and March 2018, we conducted verification of the information reported by the mandatory respondents Aceitunas Guadalquivir S.L. (AG), Agro Sevilla Aceitunas S.COOP Andalusia (Agro Sevilla),\8\ and Angel Camacho Alimentacion S.L. (Camacho) for use in our final determination. We used standard verification procedures, including an examination of relevant accounting and production records and original source documents provided by the respondents. --------------------------------------------------------------------------- \8\ In the Preliminary Determination the company name was spelled incorrectly as Agro Sevilla Aceitunas S.COOP Anndalusia. The correct spelling of the company name is Agro Sevilla Aceitunas S.COOP Andalusia. --------------------------------------------------------------------------- Analysis of Comments Received 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 https://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/. Changes Since the Preliminary Determination and Use of Partial Adverse Facts Available Based on our analysis of the comments received and our findings at verification, we made certain changes to the margin calculations for AG, Agro Sevilla and Camacho.\9\ In addition, we revised the margin calculations for Camacho to reflect the application of partial facts available with an adverse inference pursuant to section 776(b) of [[Page 28194]] the Act. For a discussion of these changes, see the Issues and Decision Memorandum. We have also revised the estimated weighted-average dumping margin for all-other producers or exporters (the all-others rate). --------------------------------------------------------------------------- \9\ 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 735(c)(5)(A) of the Act provides that in the final determination Commerce shall determine an estimated weighted-average dumping margin for all exporters or producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters or producers individually examined, excluding any rates that are zero, de minimis or determined entirely under section 776 of the Act. In this investigation, we calculated estimated weighted-average dumping margins for the individually examined respondents that are not zero, de minimis, or based entirely on facts otherwise available. Because there are three estimated weighted-average dumping margins and doing so would not reveal business proprietary information, we calculated the all-others rate using a weighted-average of the estimated weighted-average dumping margins calculated for the examined respondents using each company's business proprietary data for the merchandise under consideration.\10\ --------------------------------------------------------------------------- \10\ For a complete analysis of the data, see Memorandum, ``Less-Than-Fair-Value Investigation of Ripe Olives from Spain: Calculation of the All-Others Rate in the Final Determination,'' dated concurrently with this notice. --------------------------------------------------------------------------- Final Determination We determine that the following estimated weighted-average dumping margins exist: ------------------------------------------------------------------------ Estimated weighted- Adjusted for average export Exporter or producer dumping subsidies margin (percent) (percent) \11\ ------------------------------------------------------------------------ Aceitunas Guadalquivir S.L. \12\.............. 17.46 \13\ 17.45 Agro Sevilla Aceitunas S.COOP Andalusia \14\.. 25.50 \15\ 25.39 Angel Camacho Alimentacion.................... 16.88 \16\ 16.83 S.L........................................... All-Others.................................... 20.04 19.98 ------------------------------------------------------------------------ Disclosure 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\ The cash deposit rate is equal to the calculated estimated weighted-average dumping margin adjusted for the appropriate export subsidy offset(s). See final countervailing duty (CVD) determination, ``Ripe Olives from Spain: Final Affirmative Countervailing Duty Determination,'' signed concurrently with this notice. \12\ In the companion CVD investigation, this company's name is spelled as Aceitunas Guadalquivir S.L.U. \13\ See Memorandum, ``Final Determination Calculations for Aceitunas Guadalquivir, S.L.U.,'' dated concurrently with this notice. \14\ In the companion CVD investigation, this company's name is spelled as Agro Sevilla Aceitunas S.Coop.And. \15\ See Memorandum, ``Final Determination Calculations for Agro Sevilla Aceitunas S.Coop.And.,'' dated concurrently with this notice. \16\ See Memorandum, ``Final Determination Calculations for Angel Camacho Alimentacion S.L.,'' dated concurrently with this notice. --------------------------------------------------------------------------- Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, Commerce will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all appropriate entries of ripe olives from Spain as described in Appendix I of this notice, which were entered, or withdrawn from warehouse, for consumption on or after January 26, 2018, the date of publication of the Preliminary Determination of this investigation in the Federal Register. Pursuant to section 735(c)(1)(B) of the Act and 19 CFR 351.210(d), Commerce will instruct CBP to require a cash deposit as follows: (1) The cash deposit rate for the respondents listed above under Final Determination will be equal to their respondent-specific estimated weighted-average dumping margin; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the respondent-specific estimated weighted- average dumping margin established for that producer of the subject merchandise; (3) for all other producers or exporters of ripe olives to the United States, the cash deposit rate will be equal to the all- others rate. Further, Commerce will instruct CBP to require a cash deposit equal to the estimated amount by which the normal value (NV) exceeds the U.S. price as shown above, adjusted where appropriate for export subsidies found in the final determination of the companion CVD investigation. Consistent with Commerce's practice, where the product under investigation is also subject to a concurrent CVD investigation, Commerce instructs CBP to require a cash deposit equal to the estimated weighted-average dumping margin, less the amount of the CVD determined to constitute an export subsidy.\17\ Therefore, in the event that a CVD order is issued and suspension of liquidation is resumed in the companion CVD investigation on ripe olives from Spain,\18\ Commerce will instruct CBP to require cash deposits adjusted by the amount of export subsidies, as appropriate. These adjustments are reflected in the final column of the rate chart, above. Until such suspension of liquidation is resumed in the companion CVD investigation, and so long as suspension of liquidation continues under this antidumping duty investigation, the cash deposit rates for this antidumping duty investigation will be the rates identified in the estimated weighted- average dumping margin column in the rate chart, above. --------------------------------------------------------------------------- \17\ See, e.g., Welded Line Pipe from the Republic of Turkey: Final Determination of Sales at Less Than Fair Value, 80 FR 61362, 61364 (October 13, 2015); Notice of Final Determination of Sales at Less Than Fair Value and Negative Critical Circumstances Determination: Bottom Mount Combination Refrigerator-Freezers From the Republic of Korea, 77 FR 17413, 17417 (March 26, 2012). \18\ The provisional measures for the CVD investigation of ripe olives from Spain have currently expired (i.e., exceeded the maximum four-month period), and, therefore, no adjustment for countervailed export subsidies is warranted. --------------------------------------------------------------------------- These suspension of liquidation instructions will remain in effect until further notice. International Trade Commission Notification In accordance with section 735(d) of the Act, Commerce will notify the International Trade Commission (ITC) of its final determination. Because the final determination in this proceeding is affirmative, in accordance with section 735(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. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on appropriate imports of the subject merchandise entered, or withdrawn from warehouse, for [[Page 28195]] consumption on or after the effective date of the suspension of liquidation. 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 written 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 735(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 \19\ (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)). --------------------------------------------------------------------------- \19\ 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. Discussion of the Issues Comment 1: Clarify Scope to Include Ripe Olives Contained in Cocktail Mixes Comment 2: Particular Market Situation Allegation Comment 3: Whether Commerce Should Apply its Differential Pricing Methodology Comment 4: Agro Sevilla's and Camacho's Constructed Export Price Indirect Selling Expenses Comment 5: Camacho Corrections Presented at Verification Comment 6: Camacho Ministerial Error Regarding Mixed Currencies Comment 7: Camacho Cost Verification Findings Comment 8: Camacho Purchases of Olives from Affiliated Parties Comment 9: Camacho's Plantilla Price Adjustments Comment 10: Camacho's CEP Offset Comment 11: Camacho's Home Market Credit Expense Comment 12: Camacho's Revised Control Number Comment 13: Camacho's U.S. Sales of Merchandise Manufactured by an Unaffiliated Party Comment 14: Camacho's Margin Should Be Based on Adverse Facts Available Comment 15: AG Minor Corrections Presented During Sales and Cost Verifications Comment 16: AG Home Market Commission Expenses Comment 17: AG Freight Credit Comment 18: AG Whether Local Taxes should be included in the General and Administrative (G&A) Expenses Comment 19: AG Unexplained Cost Reconciliation Difference Comment 20: Whether Commerce Should Adjust AG's Reported Cost of Raw Materials to Reflect Consumption Costs versus POI Purchases Comment 21: Classification of Machinery Depreciation Expense Comment 22: Agro Sevilla Corrections Presented During Sales Verifications Comment 23: Agro Sevilla's Pick-Up Adjustment Expense Comment 24: Agro Sevilla's Unreported Pallet Revenues Comment 25: Agro Sevilla's Total Cost of Manufacturing Comment 26: Agro Sevilla's Financial Expenses Comment 27: Agro Sevilla's Affiliated Purchases VI. Recommendation [FR Doc. 2018-12991 Filed 6-15-18; 8:45 am] BILLING CODE 3510-DS-P
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containing at least 10.5 percent chromium by published the Preliminary rebuttal responses submitted to the
weight and less than 1.2 percent carbon by Determination, as well as a full record for this final determination, and
weight), aluminum, or composite fiber discussion of the issues raised by parties accompanying discussion and analysis
material. Composite fiber material is material for this final determination, see the of all comments timely received, see the
consisting of the mechanical combination of
two components: fiber (typically glass,
Issues and Decision Memorandum.2 Issues and Decision Memorandum.7
carbon, or aramid (synthetic polymer)) and a Scope of the Investigation Verification
matrix material (typically polymer resin,
ceramic, or metallic). The product covered by this As provided in section 782(i) of the
The merchandise subject to this investigation is ripe olives from Spain. Act, in February and March 2018, we
investigation is properly classified under For a complete description of the scope conducted verification of the
statistical reporting numbers 7311.00.0060 of this investigation, see Appendix I. information reported by the mandatory
and 7311.00.0090 of the Harmonized Tariff respondents Aceitunas Guadalquivir
Schedule of the United States (HTSUS). Scope Comments S.L. (AG), Agro Sevilla Aceitunas
Although the HTSUS statistical reporting In accordance with the preamble to S.COOP Andalusia (Agro Sevilla),8 and
numbers are provided for convenience and Commerce’s regulations,3 the Initiation Angel Camacho Alimentacion S.L.
customs purposes, the written description of Notice set aside a period of time for (Camacho) for use in our final
the merchandise is dispositive.
parties to raise issues regarding product determination. We used standard
[FR Doc. 2018–12998 Filed 6–15–18; 8:45 am] coverage (i.e., scope). No interested verification procedures, including an
BILLING CODE 3510–DS–P party commented on the scope of the examination of relevant accounting and
investigation as it appeared in the production records and original source
Initiation Notice during the scope documents provided by the
DEPARTMENT OF COMMERCE comment period.4 In the context of respondents.
supplemental questionnaire responses,
International Trade Administration Analysis of Comments Received
two of the three mandatory respondents
[A–469–817] in the LTFV investigation reported sales All issues raised in the case and
of cocktail mixes but stated that they rebuttal briefs that were submitted by
Ripe Olives From Spain: Final believe cocktail mixes are not within the parties in this investigation are
Affirmative Determination of Sales at scope of the investigation. In response, addressed in the Issues and Decision
Less Than Fair Value the petitioner 5 commented that the Memorandum. A list of these issues is
respondents cannot unilaterally attached to this notice as Appendix II.
AGENCY: Enforcement and Compliance,
determine whether cocktail mixes are The Issues and Decision Memorandum
International Trade Administration,
outside the scope. For the Preliminary is a public document and is on file
Department of Commerce.
Determination, we did not modify the electronically via Enforcement and
SUMMARY: The Department of Commerce Compliance’s Antidumping and
(Commerce) determines that ripe olives scope language as it appeared in the
Initiation Notice. We included all sales Countervailing Duty Centralized
from Spain are being, or are likely to be, Electronic Service System (ACCESS).
sold in the United States at less than fair of cocktail mixes and their associated
costs in our margin calculations, and ACCESS is available to registered users
value (LTFV). The period of at https://access.trade.gov, and to all
investigation (POI) is April 1, 2016, solicited further information from
parties concerning cocktail mixes for parties in the Central Records Unit,
through March 31, 2017. room B8024 of the main Department of
purposes of the final determination. In
DATES: Applicable June 18, 2018. Commerce building. In addition, a
the April 3, 2018, post-preliminary
FOR FURTHER INFORMATION CONTACT: analysis we issued with respect to the complete version of the Issues and
Catherine Cartsos, Bryan Hansen or scope of the investigation, we found Decision Memorandum can be accessed
Peter Zukowski, AD/CVD Operations, that: (i) Ripe olives contained in cocktail directly at http://enforcement.trade.gov/
Office I, Enforcement and Compliance, mixes are in the scope, but that the frn/.
International Trade Administration, remaining ingredients are not in the Changes Since the Preliminary
U.S. Department of Commerce, 1401 scope, and (ii) we clarified the scope by Determination and Use of Partial
Constitution Avenue NW, Washington, adding language concerning ripe olives Adverse Facts Available
DC 20230; telephone: (202) 482–1757, contained in cocktail mixes.6 As a result
(202) 482–3683 or (202) 482–0189, of our analysis of comments received in Based on our analysis of the
respectively. response to this post-preliminary comments received and our findings at
analysis, we have modified the scope of verification, we made certain changes to
SUPPLEMENTARY INFORMATION:
this investigation for this final the margin calculations for AG, Agro
Background determination. For a summary of the Sevilla and Camacho.9 In addition, we
On January 26, 2018, Commerce product coverage comments and revised the margin calculations for
published the Preliminary Camacho to reflect the application of
Determination of this LTFV 2 See Memorandum, ‘‘Issues and Decision partial facts available with an adverse
investigation in which Commerce found Memorandum for the Final Affirmative inference pursuant to section 776(b) of
Determination in the Less than Fair Value
that ripe olives from Spain were sold at Investigation of Ripe Olives from Spain,’’ dated 7 See Issues and Decision Memorandum at
LTFV.1 For a summary of the events that concurrently with, and hereby adopted by, this Comment 1.
have occurred since Commerce notice (Issues and Decision Memorandum). 8 In the Preliminary Determination the company
amozie on DSK3GDR082PROD with NOTICES1
3 See Antidumping Duties; Countervailing Duties,
name was spelled incorrectly as Agro Sevilla
1 See Ripe Olives from Spain: Preliminary Final Rule, 62 FR 27296, 27323 (May 19, 1997). Aceitunas S.COOP Anndalusia. The correct spelling
4 See Ripe Olives from Spain: Initiation of Less-
Affirmative Determination of Sales at Less Than of the company name is Agro Sevilla Aceitunas
Fair Value, Postponement of Final Determination, Than-Fair-Value Investigation, 82 FR 33054 (July S.COOP Andalusia.
and Extension of Provisional Measures, 83 FR 3677 19, 2017) (Initiation Notice). 9 See the ‘‘Discussion of the Issues’’ section of the
5 The Coalition for Fair Trade on Ripe Olives.
(January 26, 2018) and accompanying Preliminary Issues and Decision Memorandum and the
Decision Memorandum (Preliminary Decision 6 See Memorandum, ‘‘Ripe Olives from Spain: company-specific analysis memoranda dated
Memorandum) (collectively, Preliminary Post-Preliminary Scope Clarification Decision concurrently with, and hereby incorporated by, this
Determination). Memorandum,’’ dated April 3, 2018. notice.
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consumption on or after the effective The scope does not include the non-subject II. Background
date of the suspension of liquidation. components of such product. III. Scope of the Investigation
Excluded from the scope are: (1) Specialty IV. Scope Comments
Notification to Interested Parties olives 19 (including ‘‘Spanish-style,’’ V. Discussion of the Issues
This notice serves as a reminder to ‘‘Sicilian-style,’’ and other similar olives) that Comment 1: Clarify Scope to Include Ripe
have been processed by fermentation only, or
parties subject to an administrative Olives Contained in Cocktail Mixes
by being cured in an alkaline solution for not
protective order (APO) of their longer than 12 hours and subsequently Comment 2: Particular Market Situation
responsibility concerning the fermented; and (2) provisionally prepared Allegation
disposition of proprietary information olives unsuitable for immediate consumption Comment 3: Whether Commerce Should
disclosed under APO in accordance (currently classifiable in subheading 0711.20 Apply its Differential Pricing
with 19 CFR 351.305(a)(3). Timely of the Harmonized Tariff Schedule of the Methodology
written notification of the return or United States (HTSUS)). Comment 4: Agro Sevilla’s and Camacho’s
destruction of APO materials, or The merchandise subject to this Constructed Export Price Indirect Selling
conversion to judicial protective order, investigation is currently classifiable under Expenses
subheadings 2005.70.0230, 2005.70.0260, Comment 5: Camacho Corrections
is hereby requested. Failure to comply
2005.70.0430, 2005.70.0460, 2005.70.5030,
with the regulations and the terms of an Presented at Verification
2005.70.5060, 2005.70.6020, 2005.70.6030,
APO is a violation subject to sanction. Comment 6: Camacho Ministerial Error
2005.70.6050, 2005.70.6060, 2005.70.6070,
This determination and this notice are 2005.70.7000, 2005.70.7510, 2005.70.7515, Regarding Mixed Currencies
issued and published pursuant to 2005.70.7520, and 2005.70.7525 HTSUS. Comment 7: Camacho Cost Verification
sections 735(d) and 777(i)(1) of the Act. Subject merchandise may also be imported Findings
under subheadings 2005.70.0600, Comment 8: Camacho Purchases of Olives
Dated: June 11, 2018.
2005.70.0800, 2005.70.1200, 2005.70.1600, from Affiliated Parties
Gary Taverman, 2005.70.1800, 2005.70.2300, 2005.70.2510, Comment 9: Camacho’s Plantilla Price
Deputy Assistant Secretary for Antidumping 2005.70.2520, 2005.70.2530, 2005.70.2540, Adjustments
and Countervailing Duty Operations, 2005.70.2550, 2005.70.2560, 2005.70.9100, Comment 10: Camacho’s CEP Offset
performing the non-exclusive functions and 2005.70.9300, and 2005.70.9700. Although Comment 11: Camacho’s Home Market
duties of the Assistant Secretary for HTSUS subheadings are provided for Credit Expense
Enforcement and Compliance. convenience and US Customs purposes, they
Comment 12: Camacho’s Revised Control
do not define the scope of the investigation;
Appendix I—Scope of the Investigation rather, the written description of the subject Number
The products covered by this investigation merchandise is dispositive. Comment 13: Camacho’s U.S. Sales of
are certain processed olives, usually referred Merchandise Manufactured by an
to as ‘‘ripe olives.’’ The subject merchandise Appendix II—List of Topics Discussed Unaffiliated Party
includes all colors of olives; all shapes and in the Issues and Decision Comment 14: Camacho’s Margin Should Be
sizes of olives, whether pitted or not pitted, Memorandum Based on Adverse Facts Available
and whether whole, sliced, chopped, minced, I. Summary Comment 15: AG Minor Corrections
wedged, broken, or otherwise reduced in Presented During Sales and Cost
size; all types of packaging, whether for 19 Some of the major types of specialty olives and Verifications
consumer (retail) or institutional (food their curing methods are: Comment 16: AG Home Market
service) sale, and whether canned or • ‘‘Spanish-style’’ green olives: Spanish-style Commission Expenses
packaged in glass, metal, plastic, green olives have a mildly salty, slightly bitter taste, Comment 17: AG Freight Credit
multilayered airtight containers (including and are usually pitted and stuffed. This style of
Comment 18: AG Whether Local Taxes
pouches), or otherwise; and all manners of olive is primarily produced in Spain and can be
preparation and preservation, whether low made from various olive varieties. Most are stuffed should be included in the General and
acid or acidified, stuffed or not stuffed, with with pimento; other popular stuffings are jalapeno, Administrative (G&A) Expenses
or without flavoring and/or saline solution, garlic, and cheese. The raw olives that are used to Comment 19: AG Unexplained Cost
produce Spanish-style green olives are picked while Reconciliation Difference
and including in ambient, refrigerated, or
they are unripe, after which they are submerged in
frozen conditions. an alkaline solution for typically less than a day to Comment 20: Whether Commerce Should
Included are all ripe olives grown, partially remove their bitterness, rinsed, and Adjust AG’s Reported Cost of Raw
processed in whole or in part, or packaged fermented in a strong salt brine, giving them their Materials to Reflect Consumption Costs
in Spain. Subject merchandise includes ripe characteristic flavor. versus POI Purchases
olives that have been further processed in • ‘‘Sicilian-style’’ green olives: Sicilian-style Comment 21: Classification of Machinery
Spain or a third country, including but not olives are large, firm green olives with a natural
bitter and savory flavor. This style of olive is
Depreciation Expense
limited to curing, fermenting, rinsing,
produced in small quantities in the United States Comment 22: Agro Sevilla Corrections
oxidizing, pitting, slicing, chopping,
segmenting, wedging, stuffing, packaging, or using a Sevillano variety of olive and harvested Presented During Sales Verifications
green with a firm texture. Sicilian-style olives are Comment 23: Agro Sevilla’s Pick-Up
heat treating, or any other processing that processed using a brine-cured method, and undergo
would not otherwise remove the Adjustment Expense
a full fermentation in a salt and lactic acid brine
merchandise from the scope of the for 4 to 9 months. These olives may be sold whole Comment 24: Agro Sevilla’s Unreported
investigation if performed in Spain. unpitted, pitted, or stuffed. Pallet Revenues
Subject merchandise includes ripe olives • ‘‘Kalamata’’ olives: Kalamata olives are slightly Comment 25: Agro Sevilla’s Total Cost of
that otherwise meet the definition above that curved in shape, tender in texture, and purple in Manufacturing
are packaged together with non-subject color, and have a rich natural tangy and savory
Comment 26: Agro Sevilla’s Financial
flavor. This style of olive is produced in Greece
products, where the smallest individual Expenses
using a Kalamata variety olive. The olives are
amozie on DSK3GDR082PROD with NOTICES1
packaging unit (e.g., can, pouch, jar, etc.) of harvested after they are fully ripened on the tree, Comment 27: Agro Sevilla’s Affiliated
any such product—regardless of whether the and typically use a brine-cured fermentation Purchases
smallest unit of packaging is included in a method over 4 to 9 months in a salt brine. VI. Recommendation
larger packaging unit (e.g., display case, • Other specialty olives in a full range of colors,
etc.)—contains a majority (i.e., more than 50 [FR Doc. 2018–12991 Filed 6–15–18; 8:45 am]
sizes, and origins, typically fermented in a salt
percent) of ripe olives by net drained weight. brine for 3 months or more. BILLING CODE 3510–DS–P
VerDate Sep<11>2014 18:00 Jun 15, 2018 Jkt 244001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\18JNN1.SGM 18JNN1](https://thefederalregister.org/doc/83_FR_28310/page/3.svg)
Document Created: 2018-06-18 15:50:26
Document Modified: 2018-06-18 15:50:26
| 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 | Catherine Cartsos, Bryan Hansen or Peter Zukowski, 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) 482-1757, (202) 482-3683 or (202) 482-0189, respectively. | |
| FR Citation | 83 FR 28193 |
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