Spain Ripe Olives: Commerce Issues AD Duty Final Determination
The Commerce Department issued its final determination in the antidumping duty investigation on ripe olives from Spain (A-469-817). Cash deposit rates set in this final determination take effect June 18.
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The next step is for the International Trade Commission to make its final injury determination, currently scheduled for July 24. If the ITC finds injury, Commerce will issue an AD duty order and duties will be made permanent. If the ITC finds no injury, the investigation will be terminated and all cash deposits will be refunded.
Commerce is also issuing its final determination in the concurrent countervailing duty investigation on ripe olives from Spain (see 1806150018), setting rates at 7.52% to 27.02% for Spanish exporters. Collection of CV duties is currently on hold pending the ITC's final injury determination.
Scope Amended to Include Some Cocktail Mixes
In this final determination, Commerce is amending the scope of AD/CV duties to include certain cocktail mixes that include olives if those olives make up a large enough portion of the overall mix. Other components of the cocktail mix are not subject to AD/CV duties. The new scope language is as follows:
"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."
Estimated AD Cash Deposit Rates
Commerce will instruct CBP to continue to suspend liquidation of subject merchandise entered on or after the dates listed below, and require an AD duty cash deposit equal to the following AD rates beginning June 18:
| Exporter/Producer | AD Rate | Adjusted* |
|---|---|---|
| Aceitunas Guadalquivir S.L | 17.46% (from 16.8%) | 17.45% |
| Agro Sevilla Aceitunas S.COOP Anndalusia | 25.5% (from 14.64%) | 25.39% |
| Angel Camacho Alimentacion S.L. | 16.88% (from 19.73%) | 16.83% |
| All Others | 20.04% (from 17.13%) | 19.98% |
*As adjusted for export subsidies found in the concurrent CV duty investigation. This adjustment is not in effect, and will only be the cash deposit rate once CV duty collection resumes upon publication of the ITC's final injury determination.
(The period of investigation is 04/01/16 - 03/31/17. See Commerce’s notice for more information, including the scope of the investigation, detailed instructions on cash deposit rates, etc. See 1801250013 for a summary of the preliminary determination of this investigation.)
(Federal Register 06/18/18)