New Antidumping and Countervailing Duty Petitions Filed on Ripe Olives from Spain

Bell-Carter Foods and Musco Family Olive Company (“Petitioners”), on June 21, 2017, filed antidumping (AD) and countervailing duty (CVD) petitions on ripe olives from Spain.

The U.S. AD law imposes special tariffs to counteract imports that are sold in the United States at less than “normal value.” The U.S. CVD law imposes special tariffs on U.S. imports to counteract certain government subsidies that are provided to foreign producers/exporters. For AD/CVD duties to be imposed, the U.S. government must determine not only that dumping is occurring and/or imports are subsidized, but also that there is “material injury” (or threat thereof) by reason of the dumped imports. Importers are liable for any potential AD/CVD duties imposed. In addition, these investigations could impact purchasers by increasing prices and/or decreasing supply of ripe olives.

Scope

The merchandise covered by this petition is 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 processed in Spain, regardless of the origin of the olives or the location of packaging. Excluded from the scope are: (1) “Spanish-style” and other similar olives that have been processed by being both fermented and briefly cured in an alkaline solution; (2) olives that have been processed by fermentation only; and (3) provisionally prepared olives unsuitable for immediate consumption (currently classifiable in subheading 0711.20 of the Harmonized Tariff Schedule of the United States (HTSUS)).

Alleged Dumping Margin:

Petitioners allege dumping margins of 84 percent to 232 percent.

Estimated Schedule of Investigations:

• June 21, 2017 – Petition is filed
• July 11, 2017 – DOC initiates investigation
• July 12, 2017 – ITC staff conference (estimated)
• August 7, 2017 – Deadline for ITC preliminary injury determination
• September 14, 2017 – Deadline for DOC preliminary CVD determination, if deadline not postponed
• November 20, 2017 – Deadline for DOC preliminary CVD determination, if deadline fully postponed
• November 28, 2017 – Deadline for DOC preliminary AD determination, if deadline not postponed
• January 17, 2018– Deadline for DOC preliminary AD determination, if deadline fully postponed
• June 1, 2018 – Deadline for DOC final AD and CVD determinations, if both preliminary and final AD determinations are fully postponed, and CVD determination is aligned
• July 16, 2018 – Deadline for ITC final injury determination, assuming fully postponed DOC deadlines

For further information, contact Douglas J. Heffner, Richard P. Ferrin, or any other member of the Customs and International Trade Team.