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AD/CV Update: Olives, Solar Cells, Cement, Plywood, Oil Country Tubular Goods

Tuesday, July 18, 2017
Sandler, Travis & Rosenberg Trade Report

Olives. The International Trade Administration has initiated antidumping and countervailing duty investigations of ripe olives from Spain. Alleged dumping margins are 78.0 percent and 223.0 percent.

The scope of these investigations 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.

The scope covers all ripe olives grown, processed in whole or in part, or packaged in Spain as well as ripe olives that have been further processed in Spain or a third country, including curing, fermenting, rinsing, oxidizing, pitting, slicing, chopping, segmenting, wedging, stuffing, packaging, heat treating, or any other processing that would not otherwise remove the olives from the scope of the investigations if performed in Spain.

Subject olives are currently classifiable under HTSUS 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 and may also be imported under HTSUS 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.

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 under HTSUS 0711.20).

Oil Country Tubular Goods. The ITA has extended for one year, through July 10, 2018, the agreement suspending the AD duty investigation of OCTG from Ukraine.

Solar Cells. In the final results of its administrative review of the countervailing duty order on crystalline silicon photovoltaic cells, whether or not assembled into modules, from China for the period Jan. 1 through Dec. 31, 2014, the ITA has determined net subsidy rates of 17.14 percent to 18.30 percent. CV duties at these rates will be assessed on entries of subject goods during the period of review, and CV cash deposits at these rates will be required for subject goods until further notice.

The ITA is also rescinding this review for 20 companies for which review requests were timely withdrawn or the ITA has concluded that there were no entries, exports, or sales of subject goods during the period of review. For entries of subject goods from these companies CV duties will be assessed at the CV cash deposit rates required at the time of entry or withdrawal from warehouse for consumption.

Cement. The ITA has continued the AD duty order on gray portland cement and cement clinker from Japan for five years, effective July 17. As a result, U.S. Customs and Border Protection will continue to collect AD cash deposits on all imports of subject goods at the rates in effect at the time of entry

Cement is currently classifiable under HTSUS 2523.29 and has also been entered under HTSUS 2523.90. Cement clinker is currently classifiable under HTSUS 2523.10. Microfine cement is specifically excluded from the scope of this order.

Plywood. The ITA has amended its preliminary affirmative dumping determination on hardwood plywood products from China to specify a weighted average dumping margin of 57.36 percent for seven exporter/producer combinations retroactive to June 23. The AD cash deposit rate for these combinations is 57.07 percent.

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