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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.

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About this Author

Douglass Heffner, International trade lawyer, Drinker Biddle
Partner

Douglas J. Heffner litigates customs and international trade matters including antidumping duty, countervailing duty and safeguard cases. He represents foreign companies in Canada, Europe, Japan and Mexico, as well as domestic producers in industries that range from high-tech to heavy industry, to consumer and industrial goods. He also represents trade associations, government agencies and embassies in a broad range of matters.

202-230-5802
Richard P Ferrin, International Trade Lawyer, Drinker Biddle
Counsel

Richard P. Ferrin advises clients about international trade regulations, particularly antidumping and countervailing duty proceedings at both the administrative and appellate levels. He advocates for his client in global “safeguards” proceedings and on customs matters involving classification issues and country-of-origin determinations. Richard has represented foreign manufacturers, foreign exporters, and U.S. importers in antidumping and countervailing duty proceedings before the U.S. International Trade Commission, and in judicial review of administrative actions at the U.S. Court of International Trade, U.S. Court of Appeals for the Federal Circuit and North American Free Trade Agreement binational panels. In addition, Richard advises importers on how to minimize antidumping duty liability.

202-230-5803