“The Department of Commerce will ensure a full and fair assessment of the facts, and, if the rules are being broken, will act swiftly to halt any unfair trade practices,” Commerce Secretary Wilbur Ross said in a statement. “The United States is committed to a free, fair and reciprocal trade with Spain.”
The investigations were initiated after Commerce received petitions June 22 from the Coalition for Fair Trade in Ripe Olives, whose members include Bell-Carter Foods and Musco Family Olive Co., both of California.
The coalition cited in its petition alleged dumping margins for Spanish olives of 78 percent to 223 percent and unfair subsidies above de minimis.
In 2016, imports of ripe olives from Spain were valued at an estimated $70.9 million. These olives come in all colors, shapes and sizes, pitted or not pitted, and even whole, sliced, chopped, minced, wedged, or broken, and in myriad packaging.
While the Commerce Department investigates whether ripe olives from Spain are being dumped and/or subsidized, the U.S. International Trade Commission (ITC) will pursue its own investigations into whether the U.S. industry and its workforce are being harmed by these imports.
The ITC is expected to release its preliminary determinations for these investigations by Aug. 7. If the ITC preliminarily determines that there is harm to domestic olive producers, then the Commerce investigations will continue, with a preliminary countervailing duty determination in September 2017, followed by preliminary antidumping determinations in November 2017. Commerce has the option to extend the deadlines, if necessary.
If Commerce’s preliminarily determines that dumping or subsidization has occurred, then it will instruct U.S. Customs and Border Protection to collect cash deposits from all U.S. companies importing these Spanish olives.
Commerce’s final determinations in these investigations are scheduled for November 2017 for the countervailing duty investigation, and February 2018 for the antidumping duty investigation. Those deadlines may also be extended, if necessary.
If either the Commerce Department does not find that products are being dumped or unfairly subsidized, or the ITC does not find in its final determinations there is harm to U.S. industry, then the investigations will be terminated and no duties will be applied.
Commerce has initiated 51 antidumping and countervailing duty investigations on myriad imported products from the inauguration of Donald Trump as president Jan. 20 through July 13. The department currently maintains 401 antidumping and countervailing duty orders.
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