Ripe Olives From Spain: Preliminary Results of Countervailing Duty Administrative Review; 2019

CourtInternational Trade Administration
Citation86 FR 50022
Record Number2021-19257
Publication Date07 Sep 2021
50022
Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices
1
See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
63081 (October 6, 2020).
2
See Memorandum, ‘‘Ripe Olives from Spain:
Extension of Deadline for Preliminary Results of
2019 Countervailing Duty Administrative Review,’’
dated April 5, 2021.
3
See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2019 Countervailing
Duty Administrative Review of Ripe Olives from
Spain,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
4
See Preliminary Decision Memorandum.
5
See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
6
With two respondents under examination,
Commerce normally calculates (A) a weighted-
average of the estimated subsidy rates calculated for
the examined respondents; (B) a simple average of
the estimated subsidy rates calculated for the
examined respondents; and (C) a weighted-average
of the estimated subsidy rates calculated for the
examined respondents using each company’s
publicly-ranged U.S. sale quantities for the
merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate
closest to (A) as the most appropriate rate for all
other producers and exporters. See, e.g., Ball
Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results
of Antidumping Duty Administrative Reviews, Final
Results of Changed-Circumstances Review, and
Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010).
possessed or controlled by the Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by the Denied Person if such
service involves the use of any item
subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification or
testing.
Third, pursuant to section 1760(e) of
the Export Control Reform Act (50
U.S.C. 4819(e)) and sections 766.23 and
766.25 of the Regulations, any other
person, firm, corporation, or business
organization related to Lopez by
ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business may also be made subject to
the provisions of this Order in order to
prevent evasion of this Order.
Fourth, in accordance with part 756 of
the Regulations, Lopez may file an
appeal of this Order with the Under
Secretary of Commerce for Industry and
Security. The appeal must be filed
within 45 days from the date of this
Order and must comply with the
provisions of part 756 of the
Regulations.
Fifth, a copy of this Order shall be
delivered to Lopez and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until December 17, 2029.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021–19223 Filed 9–3–21; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–469–818]
Ripe Olives From Spain: Preliminary
Results of Countervailing Duty
Administrative Review; 2019
AGENCY
: Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY
: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers/exporters of ripe
olives from Spain during the period of
review, January 1, 2019, through
December 31, 2019. Interested parties
are invited to comment on these
preliminary results.
DATES
: Applicable September 7, 2021.
FOR FURTHER INFORMATION CONTACT
:
Mary Kolberg or Dusten Hom, 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) 482–5075,
respectively.
SUPPLEMENTARY INFORMATION
:
Background
On October 6, 2020, Commerce
published the notice of initiation of an
administrative review of the
countervailing duty order on ripe olives
from Spain.
1
On April 5, 2021,
Commerce extended the deadline for the
preliminary results of this review by 120
days until August 31, 2021.
2
For a
complete description of the events that
followed the initiation of this review,
see the Preliminary Decision
Memorandum.
3
Scope of the Order
The products covered by the order are
ripe olives from Spain. For a complete
description of the scope of this
administrative review, see the
Preliminary Decision Memorandum.
4
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act). For
each of the subsidy programs found
countervailable, Commerce
preliminarily determines that there is a
subsidy, i.e., a financial contribution by
an ‘‘authority’’ that gives rise to a
benefit to the recipient, and that the
subsidy is specific.
5
For a full
description of the methodology
underlying our conclusions, including
our reliance, in part, on facts otherwise
available pursuant to section 776(a) of
the Act, see the Preliminary Decision
Memorandum.
The Preliminary Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at http://enforcement.trade.gov/
frn/index.html. A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
I to this notice.
Preliminary Rate for Non-Selected
Companies Under Review
There are three companies for which
a review was requested and not
rescinded, and which were not selected
as mandatory respondents or found to
be cross-owned with a mandatory
respondent. For these companies,
because the rates calculated for the
mandatory respondents, Agro Sevilla
Aceitunas S.Coop. And. (Agro Sevilla)
and Angel Camacho Alimentacio
´n, S.L.
(Camacho), were above de minimis and
not based entirely on facts available, we
are applying to the non-selected
companies the weighted average of the
net subsidy rates calculated for Agro
Sevilla and Camacho, which we
calculated using the publicly ranged
sales data submitted by Agro Sevilla and
Camacho.
6
This methodology to
establish the all-others subsidy rate is
consistent with our practice and section
705(c)(5)(A) of the Act. For further
information on the calculation of the
non-selected respondent rate, refer to
the section in the Preliminary Decision
Memorandum entitled ‘‘Non-Selected
Company Rate.’’
Preliminary Results of Review
We preliminarily determine the
following net countervailable subsidy
rates for the period January 1, 2019,
through December 31, 2019:
Producer/exporter Subsidy rate
(percent)
Agro Sevilla Aceitunas
S.Coop. And ...................... 4.96
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50023
Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices
7
As discussed in the Preliminary Decision
Memorandum, Commerce found the following
companies to be cross-owned with Angel Camacho
Alimentacio
´n, S.L.: Grupo Angel Camacho, S.L.,
Cuarterola S.L., and Cucanoche S.L.
8
This rate is based on the rates for the
respondents that were selected for individual
review, excluding rates that are zero, de minimis,
or based entirely on facts available. See section
735(c)(5)(A) of the Act.
9
See 19 CFR 351.224(b).
1
See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
8166 (February 4, 2021) (Initiation Notice).
2
See Memorandum, ‘‘Respondent Selection,’’
dated March 5, 2021. Commerce determined that
Wah Yuen Stationery Co. Ltd. and Shandong Wah
Yuen Stationery Co. Ltd. are affiliated, pursuant to
section 771(33) of the Tariff Act of 1930, as
amended (the Act), and should be treated as a single
entity, pursuant to 19 CFR 351.401(f), in prior
administrative reviews. See Certain Cased Pencils
Continued
Producer/exporter Subsidy rate
(percent)
Angel Camacho
Alimentacio
´n, S.L. and its
cross-owned affiliates
7
..... 1.07
Review-Specific Average Rate Applicable
to the Following Companies
8
Aceitunas Guadalquivir, S.L 3.09
Alimentary Group Dcoop S.
Coop. And ......................... 3.09
Internacional Olivarera, S.A 3.09
Disclosure and Public Comment
We will disclose to parties in this
review the calculations performed for
these preliminary results within five
days of the date of publication of this
notice.
9
Commerce also intends to issue
a post-preliminary analysis
memorandum after the publication of
this notice. Commerce will notify the
parties to this proceeding of the
deadlines for the submission of case and
rebuttal briefs after the issuance of a
post-preliminary memorandum.
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this review are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities. All briefs
must be filed electronically using
ACCESS.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS by 5 p.m. Eastern Time within
30 days after the date of publication of
this notice. Requests should contain the
party’s name, address, and telephone
number, the number of participants,
whether any participant is a foreign
national, and a list of the issues to be
discussed. If a request for a hearing is
made, parties will be notified of the date
and time for the hearing to be
determined.
Unless extended, Commerce intends
to issue the final results of this
administrative review, which will
include the results of our analysis of the
issues raised in the case briefs, no later
than 120 days of publication of these
preliminary results in the Federal
Register, pursuant to section
751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
Assessment Rates
In accordance with 19 CFR
351.221(b)(4)(i), we preliminarily
determined subsidy rates in the
amounts shown above for the producer/
exporters shown above. Upon
completion of the administrative
review, consistent with section 751(a)(1)
of the Act and 19 CFR 351.212(b)(2),
Commerce shall determine, and CBP
shall assess, countervailing duties on all
appropriate entries covered by this
review. Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
In accordance with section
751(a)(2)(C) of the Act, Commerce also
intends to instruct CBP to collect cash
deposits of estimated countervailing
duties in the amounts calculated in the
final results of this review for the
respective companies listed above with
regard to shipments of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of the final
results of this review. For all non-
reviewed firms, CBP will continue to
collect cash deposits of estimated
countervailing duties at the all-others
rate or the most recent company-specific
rate applicable to the company, as
appropriate. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Interested Parties
These preliminary results and notice
are issued and published in accordance
with sections 751(a) and 777(i)(1) of the
Act and 19 CFR 351.221(b)(4).
Dated: August 31, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Non-Selected Company Rate
V. Subsidies Valuation Information
VI. Use of Facts Otherwise Available
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2021–19257 Filed 9–3–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–827]
Certain Cased Pencils From the
People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review and
Preliminary Determination of No
Shipments; 2019–2020
AGENCY
: Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY
: The Department of Commerce
(Commerce) preliminarily determines
that Wah Yuen Stationery Co. Ltd. and
Shandong Wah Yuen Stationery Co. Ltd.
(collectively, Wah Yuen) had no
shipments of certain cased pencils from
the People’s Republic of China (China)
during the period of review (POR)
December 1, 2019, through November
30, 2020. Commerce also preliminarily
determines that Tianjin Tonghe
Stationery Co., Ltd. (Tianjin Tonghe)
and Ningbo Homey Union Co., Ltd.
(Ningbo Homey) are part of the China-
wide entity. We invite interested parties
to comment on these preliminary
results.
DATES
: Applicable September 7, 2021.
FOR FURTHER INFORMATION CONTACT
:
Sergio Balbontin or Brian Smith,
AD/CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6478 or
(202) 482–1766, respectively.
SUPPLEMENTARY INFORMATION
:
Background
Commerce published the initiation of
this administrative review on February
4, 2021.
1
We selected Wah Yuen as the
sole mandatory respondent.
2
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