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Commerce issues preliminary countervailing duty results for ripe olives from Spain, 4.57% rate

Ripe Olives From Spain: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2024

AI summary

Commerce preliminarily finds in the countervailing duty administrative review of ripe olives from Spain (C-469-818) that countervailable subsidies were provided during the period January 1, 2024, through December 31, 2024, with a net subsidy rate of 4.57% ad valorem for Agro Sevilla Aceitunas S.Coop And. and for Angel Camacho Alimentación, S.L. and its cross-owned affiliates. Commerce is rescinding the review in part for Plasoliva, S.L., Alimentary Group DCoop, S.Coop. And., Aceitunera del Norte de Caceres, Soc. Coop.

Full text
Department of Commerce
International Trade Administration
  1. [C-469-818]

AGENCY:

Enforcement and Compliance, International Trade Administration, Department of Commerce.

SUMMARY:

The U.S. Department of Commerce (Commerce) preliminarily finds that countervailable subsidies were provided to producers and exporters of ripe olives from Spain. The period of review (POR) is January 1, 2024, through December 31, 2024. In addition, Commerce is rescinding this review, in part, with respect to four companies. Interested parties are invited to comment on these preliminary results.

DATES:

Applicable November 4, 2026.

FOR FURTHER INFORMATION CONTACT:

Stefan Smith 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) 482-4342.

SUPPLEMENTARY INFORMATION:

Background

On September 25, 2025, based on timely requests for review, in accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative review of the countervailing duty order on ripe olives from Spain.[1] On January 21, 2026, Commerce selected Agro Sevilla Aceitunas S.Coop And. (Agro Sevilla) as the mandatory respondent in this administrative review.[2]

Due to the lapse in appropriations and Federal Government shutdown, on November 14, 2025, Commerce tolled all deadlines in administrative proceedings by 47 days.[3] Additionally, due to a backlog of documents that were electronically filed via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS) ( printed page 69536) during the Federal Government shutdown, on November 24, 2025, Commerce tolled all deadlines in administrative proceedings by an additional 21 days.[4] On June 15, 2026, Commerce extended the deadline for the preliminary results of this review by 83 days.[5] Further, on August 27, 2026, we extended the deadline for the preliminary results of this review by 30 days.[6] Accordingly, the deadline for the preliminary results is now November 2, 2026.

For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.[7] A list of topics included in the Preliminary Decision Memorandum is included in the Appendix to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via ACCESS, which 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 https://access.trade.gov/​frnotices.

Scope of the Order

The products covered by the Order are ripe olives from Spain. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum.

Rescission of Administrative Review, in Part

Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the parties that requested the review withdraw their requests within 90 days of the date of publication of the notice of initiation. Commerce received a timely filed withdrawal requests for Plasoliva, S.L. (Plasoliva).[8] Because the withdrawal request was timely filed, and no other parties requested a review of this company, in accordance with 19 CFR 351.213(d)(1), we are rescinding this review of the Order with respect to Plasoliva.

Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to rescind an administrative review of a countervailing duty order where it concludes that there were no suspended entries of subject merchandise during the POR.[9] Normally, upon completion of an administrative review, the suspended entries are liquidated at the countervailing duty assessment rate calculated for the POR.[10] Therefore, for an administrative review of a company to be conducted, there must be a reviewable, suspended entry that Commerce can instruct U.S. Customs and Border Protection (CBP) to liquidate at the countervailing duty assessment rate for the POR.[11]

On August 27, 2026, we issued a memorandum notifying parties of our intent to rescind this administrative review with respect to: (1) Alimentary Group DCoop, S.Coop. And.; (2) Aceitunera del Norte de Caceres, Soc. Coop. LTDA 2° Grado; and (3) Aceitunera del Norte de Cáceres, S.C.L.[12] We received no comments from interested parties regarding our intention to rescind the review with respect to these companies. Accordingly, in the absence of reviewable, suspended entries of subject merchandise during the POR, we are rescinding this administrative review with respect to these three companies, in accordance with 19 CFR 351.213(d)(3).

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.[13] For a full description of the methodology underlying our conclusions, including our reliance, in part, on facts otherwise available pursuant to sections 776(a) of the Act, see the Preliminary Decision Memorandum.

Review-Specific Rate for Non-Selected Companies Under Review

There is one company for which a review was requested and for which Commerce does not intend to rescind review and which was not selected as a mandatory respondent or found to be cross-owned with a mandatory respondent, Angel Camacho Alimentación, S.L. (Camacho). The Act does not address the establishment of a rate to apply to companies not selected for individual examination when Commerce limits its examination in an administrative review pursuant to section 777A(e)(2) of the Act. However, Commerce's regulation at 19 CFR 351.109(g) states that Commerce will determine the rate for non-selected companies by following the process set forth in 19 CFR 351.109(f)(1)-(2), which generally parallels the process for determining the all-others rate in an investigation under section 705(c)(5) of the Act. Section 705(c)(5)(A) of the Act and 19 CFR 351.109(f) state that for companies not investigated, in general, we will determine an all-others rate by weight averaging the countervailable subsidy rates established for each of the companies individually investigated, excluding zero and de minimis rates or any rates based entirely on facts available.

Accordingly, to determine the rate for companies not selected for individual examination, Commerce's practice is to weight average the net subsidy rates for the selected mandatory respondents, excluding rates that are zero, de minimis, or based entirely on facts available.[14] Because the rate calculated for Agro Sevilla is above de minimis and not based entirely on facts available, we are applying to the non-selected company the net subsidy rates calculated for Agro Sevilla.

Preliminary Results of Review

As a result of this review, we preliminarily determine the following net countervailable subsidy rates exist for the POR, January 1, 2024, through December 31, 2024:

Company Subsidy rate (percent ad valorem)
Agro Sevilla Aceitunas S.Coop And 4.57
( printed page 69537)
Angel Camacho Alimentación, S.L. and its cross-owned affiliates 15 4.57

Disclosure

Commerce intends to disclose its calculations and analysis performed to interested parties for these preliminary results 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).

Public Comment

Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR 351.309(c)(1)(ii), we have modified the deadline for interested parties to submit case briefs to Commerce to no later than 21 days after the date of the publication of this notice.[16] Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.[17] Interested parties who submit case briefs or rebuttal briefs in this proceeding must submit: (1) a table of contents listing each issue; and (2) a table of authorities.[18] All briefs must be filed electronically using ACCESS. An electronically filed document must be received successfully in its entirety in ACCESS by 5:00 p.m. Eastern Time on the established deadline.

As provided under 19 CFR 351.309(c)(2)(iii) and (d)(2)(iii), we request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs.[19] Further, we request that interested parties limit their executive summary of each issue to no more than 450 words, not including citations. We intend to use the executive summaries as the basis of the comment summaries included in the issues and decision memorandum that will accompany the final results in this administrative review. We request that interested parties include footnotes for relevant citations in the executive summary of each issue. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f).[20]

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 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice. Requests should contain: (1) the party's name, address, and telephone number; (2) the number of participants and whether any participant is a foreign national; and (3) a list of issues to be discussed. Oral presentations at the hearing will be limited to issues raised in the briefs. If a request for a hearing is made, Commerce will inform parties of the scheduled date for the hearing.[21]

Assessment Rates

In accordance with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), we preliminarily assigned subsidy rates in the amounts shown above for the producers/exporters shown above. Upon completion of the administrative review, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries covered by this review. We intend 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).

For the companies discussed above in the section entitled “Rescission of Administrative Review, In Part,” and for which this review is being rescinded, we will instruct CBP to assess countervailing duties on all appropriate entries at a rate equal to the cash deposit of estimated countervailing duties required at the time of entry, or withdrawal from warehouse, for consumption, during the period January 1, 2024, through December 31, 2024, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue rescission instructions to CBP no earlier than 35 days after the date of publication of this notice in the Federal Register .

Cash Deposit Requirements

Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.107(e), Commerce intends to instruct CBP to collect cash deposits of estimated countervailing duties 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, as follows: (1) the cash deposit rate for the company listed above will be equal to the company-specific estimated individual countervailable subsidy rates determined in the final results of this review, except if the rate is less than 0.50 percent and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) if both the producer and exporter of the subject merchandise have company-specific estimated subsidy rates assigned, and their rates differ, then the applicable cash deposit rate will be the higher of these two rates; (3) if either the producer or the exporter, but not both, of the subject merchandise has a company-specific estimated subsidy rate assigned, the applicable cash deposit rate will be that company's company-specific rate; and (4) the cash deposit rate for all other producers and exporters will be continue to be 11.08 percent, the all-others subsidy rate established in the investigation.[22] These cash deposit instructions, when imposed, shall remain in effect until further notice.

Final Results of Administrative Review

Unless the deadline is 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, within 120 days after the date 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).

Notification to Interested Parties

We are issuing and publishing these preliminary results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and 351.221(b)(4).

( printed page 69538)

Dated: October 30, 2026.

Scot Fullerton,

Acting Deputy Assistance Secretary for Antidumping and Countervailing Duty Operations.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary

II. Background

III. Scope of the Order

IV. Use of Facts Otherwise Available

V. Subsidies Valuation

VI. Loan and Benchmark Interest Rates

VII. Analysis of Programs

VIII. Recommendation

Footnotes

1.   See Initiation of Antidumping and Countervailing Duty Administrative Reviews,90 FR 46173 (September 25, 2025) ( Initiation Notice); see also Ripe Olives from Spain: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order,83 FR 37469 (August 1, 2018) ( Order).

2.   See Memorandum, “Respondent Selection,” dated January 21, 2026.

3.   See Memorandum, “Deadlines Affected by the Shutdown of the Federal Government,” dated November 14, 2025.

4.   See Memorandum, “Tolling of all Case Deadlines,” dated November 24, 2025.

5.   See Memorandum, “First Extension of Deadline for Preliminary Results of Countervailing Duty Administrative Review,” dated June 15, 2026.

6.   See Memorandum, “Second Extension of Deadline for Preliminary Results of Countervailing Duty Administrative Review,” dated August 27, 2026.

7.   See Memorandum, “Decision Memorandum for the Preliminary Results of the Administrative Review of the Countervailing Duty Order on Ripe Olives from Spain; 2024,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).

8.   See Plasoliva's Letter, “Withdrawal Request for Administrative Review Ripe Olives from Spain,” dated January 28, 2026.

9.   See, e.g.,Lightweight Thermal Paper from the People's Republic of China: Notice of Rescission of Countervailing Duty Administrative Review; 2015,82 FR 14349 (March 20, 2017); see also Circular Welded Carbon Quality Steel Pipe from the People's Republic of China: Rescission of Countervailing Duty Administrative Review; 2017,84 FR 14650 (April 11, 2019).

10.   See 19 CFR 351.212(b)(2).

11.   See 19 CFR 351.213(d)(3).

12.   See Memorandum, “Intent to Rescind Review, in Part,” dated August 27, 2026.

13.   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.

14.   See, e.g. Finished Carbon Steel Flanges from India: Final Results of Countervailing Duty Administrative Review; 2023,91 FR 34605 (June 8, 2026).

15.  Commerce previously determined that Angel Camacho Alimentación, S.L.; Cuarterola S.L.; Cucanoche S.L.; and Grupo Angel Camacho, S.L. are cross-owned. See Ripe Olives from Spain: Final Results of Countervailing Duty Administrative Review; 2023,91 FR 48062 (July 30, 2026).

16.   See 19 CFR 351.309.

17.   See 19 CFR 351.309(d); see also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings,88 FR 67069, 67077 (September 29, 2023) ( APO and Service Procedures).

18.   See 19 CFR 351.309(c)(2) and (d)(2).

19.  We use the term “issue” here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum.

20.   See APO and Service Procedures.

21.   See 19 CFR 351.310(d).

22.   See Ripe Olives from Spain: Implementation of Determination Under Section 129 of the Uruguay Round Agreements Act,88 FR 3384 (January 19, 2023).

[FR Doc. 2026-22525 Filed 11-3-26; 8:45 am]

BILLING CODE 3510-DS-P

Source: Federal Register · Commerce ITA (AD/CVD) · federalregister.gov