Ripe Olives From Spain: New AD/CVD Investigations Deadlines & Scope
The Commerce Department issued Federal Register notices on its recently initiated antidumping and countervailing duty investigations on ripe olives from Spain (A-469-817, C-469-818).
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The International Trade Commission will conduct a concurrent investigation to determine whether imports of dumped and illegally subsidized ripe olives from Spain are injuring U.S. industry. If the ITC finds no injury in its preliminary injury determination, the investigations will immediately end. If Commerce finds dumping or illegal subsidization in the preliminary determinations of these investigations, it will set AD and/or CV duty cash deposit requirements for imports of merchandise subject to the investigation. If both Commerce and the ITC reach affirmative final determinations, Commerce will issue an AD and/or CV duty order making duties permanent and beginning a process of annual administrative reviews to set final assessments of AD/CV duties on importers and potentially change AD/CV duty cash deposit rates.
AD/CVD Respondent Selection
Commerce said it will pick respondents for its AD/CV investigations based on CBP import data if Commerce determines that the number of companies is large and it cannot individually examine each company.
Scope of the AD/CVD Investigations
The scope of these investigations covers 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, multi-layered 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 investigations if performed in Spain.
Excluded from the scope are: (1) specialty olives (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.
The merchandise subject to these investigations is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) 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 investigations; rather, the written description of the subject merchandise is dispositive.
Comments on Scope Due Aug. 1
Participants in the AD/CVD investigations may submit comments on product coverage under the scope of the investigations. Comments on the scope are due by Aug. 1.
Investigations Timetable
| Event | AD Duty | CV Duty |
|---|---|---|
| Petitions filed | 06/22/17 | 06/22/17 |
| DOC initiation date | 07/12/17 | 07/12/17 |
| ITC prelim determinations* | 08/07/17 | 08/07/17 |
| DOC prelim determinations† | 11/29/17 | 09/15/17 |
| DOC final determinations† | 02/12/18 | 11/29/17 |
| ITC final determinations‡ | 03/29/18 | 01/13/18 |
| Issuance of orders+ | 04/05/18 | 01/20/18 |
*If the ITC makes a negative determination of injury, the investigations are terminated.
†These deadlines may be extended under the governing statute.
‡This will take place only in the event of Commerce Department final affirmative determinations.
+This will take place only in the event of Commerce and ITC final affirmative determinations.
The AD duty initiation notice is (here).
The CV duty initiation notice is (here).
The Commerce Department fact sheet on the initiation of these investigations is (here).
(Federal Register 07/19/17)