83 FR 37469 - Ripe Olives From Spain: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 148 (August 1, 2018)
International Trade Administration
Federal Register Volume 83, Issue 148 (August 1, 2018)
| Page Range | 37469-37471 | |
| FR Document | 2018-16449 |
[Federal Register Volume 83, Number 148 (Wednesday, August 1, 2018)] [Notices] [Pages 37469-37471] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-16449] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-469-818] Ripe Olives From Spain: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (the ITC), Commerce is issuing a countervailing duty (CVD) order on ripe olives from Spain. In addition, Commerce is amending its final CVD determination with respect to ripe olives from Spain to correct ministerial errors. DATES: Applicable August 1, 2018. FOR FURTHER INFORMATION CONTACT: Mary Kolberg or Lana Nigro, AD/CVD Operations, 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 In accordance with sections 705(a), 705(d), and 777(i)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(c), on June 18, 2018, Commerce published in the Federal Register an affirmative final determination in the CVD investigation of ripe olives from Spain.\1\ Interested parties submitted timely filed allegations that Commerce made certain ministerial errors in the final CVD determination of ripe olives from Spain. Section 705(e) of the Act and 19 CFR 351.224(f) define ministerial errors as errors in addition, subtraction, or other arithmetic function, clerical errors resulting from inaccurate copying, duplication, or the like, and any other type of unintentional error which the Commerce considers ministerial. We reviewed the allegations and determined that we made certain ministerial errors. See ``Amendment to the Final Determination'' section below for further discussion. --------------------------------------------------------------------------- \1\ See Ripe Olives from Spain: Final Affirmative Countervailing Duty Determination, 83 FR 28186 (June 18, 2018) (Final Determination) and accompanying Issues and Decision Memorandum. --------------------------------------------------------------------------- On July 25, 2018, the ITC notified Commerce of its affirmative determination pursuant to sections 705(b)(1)(A)(i) and 705(d) of the Act, that an industry in the United States is materially injured by reason of subsidized imports of ripe olives from Spain.\2\ --------------------------------------------------------------------------- \2\ See Letter from the ITC to Commerce, dated July 25, 2018; see also Ripe Olives from Spain (Investigation Nos. 701-TA-582 and 731-TA-1377 (Final), USITC Publication 4805, July 2018). --------------------------------------------------------------------------- Scope of the Order The merchandise covered by this order is ripe olives from Spain. For a complete description of the scope of this order, see the Appendix to this notice. Amendment to the Final Determination On June 19, 2018, the petitioner,\3\ Aceitunas Guadalquivir S.L.U. (Aceitunas Guadalquivir), and Angel Camacho Alimentaci[oacute]n, S.L. (Angel Camacho) timely alleged that the Final Determination contained certain ministerial errors and requested that Commerce correct such errors. On June 25, 2018, the petitioner filed rebuttal comments. --------------------------------------------------------------------------- \3\ The petitioner to this investigation is the Coalition for Fair Trade in Ripe Olives, whose individual member are BellCarter Foods, Inc. and Musco Family Olive Co. --------------------------------------------------------------------------- Commerce reviewed the record and, on July 12, 2018, agreed that certain errors referenced in the petitioner's and Angel Camacho's allegations constitute ministerial errors within the meaning of section 705(e) of the Act and 19 CFR [[Page 37470]] 351.224(f).\4\ Commerce did not agree that the error alleged in Aceitunas Guadalquivir's submission constituted a ministerial error. Commerce found that it made errors in calculating Angel Camacho's benefit under the European Union Common Agricultural Policy Pillar I: Basic Payment Scheme--Greening program, and in attributing to Angel Camacho subsidies received by its cross-owned input suppliers.\5\ Pursuant to 19 CFR 351.224(e), Commerce is amending the Final Determination to reflect the correction of the ministerial errors described above. Based on our correction of the ministerial errors in Angel Camacho's calculation, the subsidy rate for Angel Camacho increased from 13.22 percent ad valorem to 13.76 percent ad valorem.\6\ Because in the Final Determination we based the ``all-others'' rate, in part, on Angel Camacho's ad valorem subsidy rate,\7\ the correction described above also required that we recalculate the ``all-others'' rate. This recalculation increases the ``all-others'' rate determined in the Final Determination from 14.75 percent ad valorem to 14.97 percent ad valorem.\8\ --------------------------------------------------------------------------- \4\ See Memorandum, ``Ripe Olives from Spain: Amended Final Determination of Countervailing Duty Investigation Pursuant to Ministerial Error Allegation,'' dated July 12, 2018 (Ministerial Error Memorandum). \5\ Id. \6\ Id. \7\ Final Determination, 83 FR at 28187. \8\ See Ministerial Error Memorandum. --------------------------------------------------------------------------- Countervailing Duty Order On July 25, 2018, in accordance with sections 705(b)(1)(A)(i) and 705(d) of the Act, the ITC notified Commerce of its final determination in this investigation, in which it found that an industry in the United States is materially injured by reason of subsidized imports of ripe olives from Spain. Therefore, in accordance with section 705(c)(2) of the Act, we are issuing this CVD order. Because the ITC determined that imports of ripe olives from Spain are materially injuring a U.S. industry, unliquidated entries of such merchandise from Spain, entered or withdrawn from warehouse for consumption, are subject to the assessment of countervailing duties. Therefore, in accordance with section 706(a) of the Act, Commerce will direct United States Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, countervailing duties equal to the net countervailable subsidy rates, for all relevant entries of ripe olives from Spain. Upon further instruction by Commerce, countervailing duties will be assessed on unliquidated entries of ripe olives from Spain entered, or withdrawn from warehouse, for consumption on or after November 28, 2017, the date of publication of the Preliminary Determination.\9\ --------------------------------------------------------------------------- \9\ 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) (Preliminary Determination) and accompanying Preliminary Decision Memorandum (Preliminary Decision Memorandum). However, as described further below, entries that occurred after the final day on which provisional measures were in effect, until and through the day preceding the date of publication of the ITC's final injury determination in the Federal Register, are not subject to countervailing duties. --------------------------------------------------------------------------- Cash Deposits and Suspension of Liquidation In accordance with section 706 of the Act, we will instruct CBP to suspend liquidation on all relevant entries of ripe olives from Spain, as further described below. These instructions suspending liquidation will remain in effect until further notice. Commerce will also instruct CBP to require cash deposits equal to the amounts as indicated below. Accordingly, effective on the date of publication of the ITC's final affirmative injury determination, CBP will require, at the same time as importers would normally deposit estimated duties on this subject merchandise, a cash deposit equal to the subsidy rates listed below.\10\ The all-others rate applies to all producers or exporters not specifically listed, as appropriate. --------------------------------------------------------------------------- \10\ See section 706(a)(3) of the Act. ------------------------------------------------------------------------ Subsidy rate Company (%) ------------------------------------------------------------------------ Aceitunas Guadalquivir S.L.U \11\....................... 27.02 Agro Sevilla Aceitunas S.Coop.And....................... 7.52 Angel Camacho Alimentaci[oacute]n, S.L \12\............. 13.76 All-Others.............................................. 14.97 ------------------------------------------------------------------------ Provisional Measures --------------------------------------------------------------------------- \11\ Commerce 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. See Preliminary Decision Memorandum at 9, unchanged in Final Determination. \12\ Commerce 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. See Preliminary Decision Memorandum at 11, unchanged in Final Determination. --------------------------------------------------------------------------- Section 703(d) of the Act states that the suspension of liquidation pursuant to an affirmative preliminary CVD determination may not remain in effect for more than four months. In the underlying investigation, Commerce published the Preliminary Determination on November 28, 2017. Therefore, the four-month period beginning on the date of the publication of the Preliminary Determination ended on March 27, 2018, the final day on which provisional measures were in effect. Furthermore, section 707(b) of the Act states that definitive duties are to begin on the date of publication of the ITC's final injury determination. Therefore, in accordance with section 703(d) of the Act and our practice, we instructed CBP to terminate the suspension of liquidation of and to liquidate, without regard to duties, unliquidated entries of ripe olives from Spain made on or after March 28, 2018. Suspension of liquidation will resume on the date of publication of the ITC's final determination in the Federal Register. Notification to Interested Parties This notice constitutes the CVD order with respect to ripe olives from Spain pursuant to section 706(a) of the Act. Interested parties can find a list of CVD orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html. This order and amended final determination are published in accordance with section 705(d)-(e), 706(a), and 777(i)(1) of the Act and 19 CFR 351.211(b). [[Page 37471]] Dated: July 25, 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 Scope of the Order The products covered by this order 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 order 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 \13\ (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)). --------------------------------------------------------------------------- \13\ 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 order 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 U.S. Customs purposes, they do not define the scope of the order; rather, the written description of the subject merchandise is dispositive. [FR Doc. 2018-16449 Filed 7-31-18; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Notices 37469
B16.5 and range from one-half inch to Background
twenty-four inches nominal pipe size.
Specifically excluded from the scope of this In accordance with sections 705(a),
Weighted-average
Exporter/producer dumping margins order are cast stainless steel flanges. Cast 705(d), and 777(i)(1) of the Tariff Act of
(percent) stainless steel flanges generally are 1930, as amended (the Act), and 19 CFR
manufactured to specification ASTM A351. 351.210(c), on June 18, 2018, Commerce
Shanxi Guanjiaying The country of origin for certain forged published in the Federal Register an
Flange Forging Group stainless steel flanges, whether unfinished, affirmative final determination in the
Co., Ltd ..................... 257.11 semi-finished, or finished is the country CVD investigation of ripe olives from
China-wide Entity .......... 257.11 where the flange was forged. Subject
Spain.1 Interested parties submitted
merchandise includes stainless steel flanges
as defined above that have been further timely filed allegations that Commerce
Notification to Interested Parties made certain ministerial errors in the
processed in a third country. The processing
This notice constitutes the includes, but is not limited to, boring, facing, final CVD determination of ripe olives
antidumping duty order with respect to spot facing, drilling, tapering, threading, from Spain. Section 705(e) of the Act
stainless steel flanges from China, beveling, heating, or compressing, and/or any and 19 CFR 351.224(f) define ministerial
pursuant to section 736(a) of the Act. other processing that would not otherwise errors as errors in addition, subtraction,
Interested parties can find a list of remove the merchandise from the scope of or other arithmetic function, clerical
antidumping duty orders currently in the investigation if performed in the country errors resulting from inaccurate
effect at http://enforcement.trade.gov/ of manufacture of the stainless steel flanges.
copying, duplication, or the like, and
Merchandise subject to the order is
stats/iastats1.html. typically imported under headings any other type of unintentional error
This order is issued and published in 7307.21.1000 and 7307.21.5000 of the which the Commerce considers
accordance with section 736(a) of the Harmonized Tariff Schedule of the United ministerial. We reviewed the allegations
Act and 19 CFR 351.211(b). States (HTSUS). While HTSUS subheadings and determined that we made certain
Dated: July 25, 2018. and ASTM specifications are provided for ministerial errors. See ‘‘Amendment to
Gary Taverman, convenience and customs purposes, the the Final Determination’’ section below
written description of the scope is for further discussion.
Deputy Assistant Secretary for Antidumping dispositive.
and Countervailing Duty Operations, On July 25, 2018, the ITC notified
performing the non-exclusive functions and [FR Doc. 2018–16348 Filed 7–31–18; 8:45 am] Commerce of its affirmative
duties of the Assistant Secretary for BILLING CODE 3510–DS–P determination pursuant to sections
Enforcement and Compliance. 705(b)(1)(A)(i) and 705(d) of the Act,
Appendix that an industry in the United States is
DEPARTMENT OF COMMERCE materially injured by reason of
Scope of the Order subsidized imports of ripe olives from
The products covered by this order are International Trade Administration Spain.2
certain forged stainless steel flanges, whether
unfinished, semi-finished, or finished [C–469–818] Scope of the Order
(certain forged stainless steel flanges). Certain The merchandise covered by this
forged stainless steel flanges are generally Ripe Olives From Spain: Amended order is ripe olives from Spain. For a
manufactured to, but not limited to, the Final Affirmative Countervailing Duty complete description of the scope of this
material specification of ASTM/ASME A/ Determination and Countervailing Duty
SA182 or comparable domestic or foreign order, see the Appendix to this notice.
Order
specifications. Certain forged stainless steel Amendment to the Final Determination
flanges are made in various grades such as,
but not limited to, 304, 304L, 316, and 316L AGENCY: Enforcement and Compliance, On June 19, 2018, the petitioner,3
(or combinations thereof). The term International Trade Administration, Aceitunas Guadalquivir S.L.U.
‘‘stainless steel’’ used in this scope refers to Department of Commerce. (Aceitunas Guadalquivir), and Angel
an alloy steel containing, by actual weight, Camacho Alimentación, S.L. (Angel
1.2 percent or less of carbon and 10.5 percent SUMMARY: Based on affirmative final
determinations by the Department of Camacho) timely alleged that the Final
or more of chromium, with or without other
Commerce (Commerce) and the Determination contained certain
elements.
Unfinished stainless steel flanges possess International Trade Commission (the ministerial errors and requested that
the approximate shape of finished stainless ITC), Commerce is issuing a Commerce correct such errors. On June
steel flanges and have not yet been machined countervailing duty (CVD) order on ripe 25, 2018, the petitioner filed rebuttal
to final specification after the initial forging olives from Spain. In addition, comments.
or like operations. These machining Commerce is amending its final CVD Commerce reviewed the record and,
processes may include, but are not limited to, on July 12, 2018, agreed that certain
boring, facing, spot facing, drilling, tapering, determination with respect to ripe
olives from Spain to correct ministerial errors referenced in the petitioner’s and
threading, beveling, heating, or compressing.
errors. Angel Camacho’s allegations constitute
Semi-finished stainless steel flanges are
unfinished stainless steel flanges that have ministerial errors within the meaning of
undergone some machining processes.
DATES: Applicable August 1, 2018. section 705(e) of the Act and 19 CFR
The scope includes six general types of FOR FURTHER INFORMATION CONTACT:
flanges. They are: (1) Weld neck, generally Mary Kolberg or Lana Nigro, AD/CVD
1 See Ripe Olives from Spain: Final Affirmative
used in butt-weld line connection; (2) Countervailing Duty Determination, 83 FR 28186
Operations, Enforcement and (June 18, 2018) (Final Determination) and
threaded, generally used for threaded line
sradovich on DSK3GMQ082PROD with NOTICES
connections; (3) slip-on, generally used to Compliance, International Trade accompanying Issues and Decision Memorandum.
slide over pipe; (4) lap joint, generally used Administration, U.S. Department of 2 See Letter from the ITC to Commerce, dated July
Commerce, 1401 Constitution Avenue 25, 2018; see also Ripe Olives from Spain
with stub-ends/butt-weld line connections;
(Investigation Nos. 701–TA–582 and 731–TA–1377
(5) socket weld, generally used to fit pipe NW, Washington, DC 20230; telephone: (Final), USITC Publication 4805, July 2018).
into a machine recession; and (6) blind, (202) 482–1785 or (202) 482–1779, 3 The petitioner to this investigation is the
generally used to seal off a line. The sizes respectively. Coalition for Fair Trade in Ripe Olives, whose
and descriptions of the flanges within the individual member are BellCarter Foods, Inc. and
scope include all pressure classes of ASME SUPPLEMENTARY INFORMATION: Musco Family Olive Co.
VerDate Sep<11>2014 20:07 Jul 31, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\01AUN1.SGM 01AUN1](https://thefederalregister.org/doc/83_FR_37617/page/1.svg)
![Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Notices 37471
Dated: July 25, 2018. ‘‘Sicilian-style,’’ and other similar olives) that International Trade Administration,
Gary Taverman, have been processed by fermentation only, or U.S. Department of Commerce, 1401
by being cured in an alkaline solution for not Constitution Avenue NW, Washington,
Deputy Assistant Secretary for Antidumping
longer than 12 hours and subsequently
and Countervailing Duty Operations, DC 20230; telephone: (202) 482–3702.
fermented; and (2) provisionally prepared
performing the non-exclusive functions and SUPPLEMENTARY INFORMATION:
olives unsuitable for immediate consumption
duties of the Assistant Secretary for
(currently classifiable in subheading 0711.20 Background
Enforcement and Compliance.
of the Harmonized Tariff Schedule of the
Appendix United States (HTSUS)). On May 1, 2018, Commerce published
The merchandise subject to this order is a notice of opportunity to request an
Scope of the Order currently classifiable under subheadings administrative review of the
The products covered by this order are 2005.70.0230, 2005.70.0260, 2005.70.0430, antidumping duty order on PSF from
certain processed olives, usually referred to 2005.70.0460, 2005.70.5030, 2005.70.5060, Korea for the POR of May 1, 2017,
as ‘‘ripe olives.’’ The subject merchandise 2005.70.6020, 2005.70.6030, 2005.70.6050, through April 30, 2018.1 On May 31,
includes all colors of olives; all shapes and 2005.70.6060, 2005.70.6070, 2005.70.7000,
2005.70.7510, 2005.70.7515, 2005.70.7520,
2018, pursuant to 19 CFR 351.213,
sizes of olives, whether pitted or not pitted,
and whether whole, sliced, chopped, minced, and 2005.70.7525 HTSUS. Subject Commerce received a timely-filed
wedged, broken, or otherwise reduced in merchandise may also be imported under request from DAK Americas LLC and
size; all types of packaging, whether for subheadings 2005.70.0600, 2005.70.0800, Auriga Polymers, Inc. (collectively, the
consumer (retail) or institutional (food 2005.70.1200, 2005.70.1600, 2005.70.1800, petitioners) for an administrative review
service) sale, and whether canned or 2005.70.2300, 2005.70.2510, 2005.70.2520, of, among others, Huvis Corporation
packaged in glass, metal, plastic, 2005.70.2530, 2005.70.2540, 2005.70.2550, (Huvis).2 Also on May 31, 2018, Huvis
multilayered airtight containers (including 2005.70.2560, 2005.70.9100, 2005.70.9300, Corporation (Huvis) requested an
pouches), or otherwise; and all manners of and 2005.70.9700. Although HTSUS administrative review of its POR sales.3
preparation and preservation, whether low subheadings are provided for convenience
On July 12, 2018, in accordance with 19
acid or acidified, stuffed or not stuffed, with and U.S. Customs purposes, they do not
or without flavoring and/or saline solution, define the scope of the order; rather, the CFR 351.221(c)(1)(i), Commerce
and including in ambient, refrigerated, or written description of the subject published a notice of initiation of an
frozen conditions. merchandise is dispositive. administrative review of Huvis.4 On
Included are all ripe olives grown, [FR Doc. 2018–16449 Filed 7–31–18; 8:45 am] July 17 and 18, 2018, respectively,
processed in whole or in part, or packaged BILLING CODE 3510–DS–P pursuant to 19 CFR 351.213(d)(1), both
in Spain. Subject merchandise includes ripe the petitioners and Huvis timely
olives that have been further processed in withdrew their requests for an
Spain or a third country, including but not DEPARTMENT OF COMMERCE administrative review of Huvis.5
limited to curing, fermenting, rinsing,
oxidizing, pitting, slicing, chopping, International Trade Administration Rescission of Review
segmenting, wedging, stuffing, packaging, or Pursuant to 19 CFR 351.213(d)(l),
heat treating, or any other processing that [A–580–839]
would not otherwise remove the
Commerce will rescind an
merchandise from the scope of the order if Polyester Staple Fiber From the administrative review, in whole or in
performed in Spain. Republic of Korea: Rescission of part, if the party, or parties, that
Subject merchandise includes ripe olives Antidumping Duty Administrative requested a review withdraw(s) the
that otherwise meet the definition above that Review; 2017–2018 request(s) within 90 days of the
are packaged together with non-subject publication date of the notice of
products, where the smallest individual AGENCY: Enforcement and Compliance, initiation of the requested review. As
packaging unit (e.g., can, pouch, jar, etc.) of International Trade Administration, noted above, both the petitioners and
any such product—regardless of whether the Department of Commerce. Huvis withdrew their requests for
smallest unit of packaging is included in a review of Huvis within 90 days of the
SUMMARY: The Department of Commerce
larger packaging unit (e.g., display case,
etc.)—contains a majority (i.e., more than 50 (Commerce) is rescinding the publication date of the notice of
percent) of ripe olives by net drained weight. administrative review of the
The scope does not include the non-subject antidumping duty order on polyester 1 See Antidumping or Countervailing Duty Order,
staple fiber (PSF) from the Republic of Finding, or Suspended Investigation; Opportunity
components of such product. to Request Administrative Review, 83 FR 19047
Excluded from the scope are: (1) Specialty Korea (Korea), based on the timely (May 1, 2018).
olives 13 (including ‘‘Spanish-style,’’ withdrawal of requests for review. The 2 See Letter from the petitioners, ‘‘Polyester
period of review (POR) is May 1, 2017, Staple Fiber from Korea—Request for Annual
13 Some of the major types of specialty olives and
through April 30, 2018. Administrative Review’’ (May 31, 2018). The
their curing methods are: petitioners also requested an administrative review
• ‘‘Spanish-style’’ green olives: Spanish-style
DATES: Applicable August 1, 2018. of Toray Chemical Korea, Inc. (Toray). However, the
green olives have a mildly salty, slightly bitter taste, FOR FURTHER INFORMATION CONTACT: petitioners withdrew their request for Toray before
and are usually pitted and stuffed. This style of the review was initiated. See Letter from the
Robert Brown, AD/CVD Operations, petitioners, ‘‘Polyester Staple Fiber from Korea—
olive is primarily produced in Spain and can be
made from various olive varieties. Most are stuffed
Office I, Enforcement and Compliance, Withdrawal of Review Request for Toray Chemical
with pimento; other popular stuffings are jalapeno, Korea’’ (June 26, 2018). Thus, a review was not
garlic, and cheese. The raw olives that are used to a full fermentation in a salt and lactic acid brine initiated for Toray.
produce Spanish-style green olives are picked while for 4 to 9 months. These olives may be sold whole 3 See Letter from Huvis, ‘‘Certain Polyester Staple
they are unripe, after which they are submerged in unpitted, pitted, or stuffed. Fiber from Korea; Request for Administrative
an alkaline solution for typically less than a day to • ‘‘Kalamata’’ olives: Kalamata olives are slightly Review for 2017–2018 Period’’ (May 31, 2018).
partially remove their bitterness, rinsed, and curved in shape, tender in texture, and purple in 4 See Initiation of Antidumping and
sradovich on DSK3GMQ082PROD with NOTICES
fermented in a strong salt brine, giving them their color, and have a rich natural tangy and savory Countervailing Duty Administrative Reviews, 83 FR
characteristic flavor. flavor. This style of olive is produced in Greece 32270 (July 12, 2018) (Notice of Initiation).
• ‘‘Sicilian-style’’ green olives: Sicilian-style using a Kalamata variety olive. The olives are 5 See Letter from the petitioners, ‘‘Polyester
olives are large, firm green olives with a natural harvested after they are fully ripened on the tree, Staple Fiber from Korea—Withdrawal of Review
bitter and savory flavor. This style of olive is and typically use a brine-cured fermentation Request for Huvis Corporation’’ (July 17, 2018); see
produced in small quantities in the United States method over 4 to 9 months in a salt brine. also Letter from Huvis, ‘‘Certain Polyester Staple
using a Sevillano variety of olive and harvested • Other specialty olives in a full range of colors, Fiber from Korea; Withdrawal of Request for
green with a firm texture. Sicilian-style olives are sizes, and origins, typically fermented in a salt Administrative Review for 2017–2018 Period’’ (July
processed using a brine-cured method, and undergo brine for 3 months or more. 18, 2018).
VerDate Sep<11>2014 20:07 Jul 31, 2018 Jkt 244001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\01AUN1.SGM 01AUN1](https://thefederalregister.org/doc/83_FR_37617/page/3.svg)
Document Created: 2018-08-01 01:22:39
Document Modified: 2018-08-01 01:22:39
| 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 August 1, 2018. | |
| Contact | Mary Kolberg or Lana Nigro, AD/CVD Operations, 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 37469 |
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