The Government of Spain disputes this outcome since, during the investigation, neither the complainants nor the investigation authority have provided sufficient evidence under the provisions of the World Trade Organization (WTO) on this matter to justify the outcome to impose measures.
According to the Government of Spain, the existence of harm to the North American black olive industry has not been proven; significant and sound evidence that the situation of the US sector is being caused by intrinsic issues affecting the North American sector and market is being ignored, and that under no circumstances whatsoever is this being caused by Spanish exports; added to which the pleadings presented by the Govenrment of Spain have been ignored which refute the argument that Spanish products are a threat to US production.
After the vote, the ITC must publish its final ruling by 24 July, in which it will explain in detail the reasons why the members of this institution have reached this unfavourable outcome for Spanish interests.
After the Department of Commerce (DoC) ratified on 12 June that the Spanish black table olive was exported to the USA at dumped prices and that it receives EU and Spanish subsidies, providing it with an unfair advantage compared with its US competitors, the US authorities can now make final anti-dumping and anti-subsidy measures effective. This may take place in the coming weeks through the corresponding publication in the Federal Register.
Unless there are any last minute adjustments as a result of a mistake committed by the DoC, the measures will range between 7.52% and 27.02% in the case of anti-subsidies, and between 16.8% and 25.5% in the case of anti-dumping. It is usual for these to be applied for periods of five years, which may be extended.
Now that the proceedings by the ITC and the DoC have concluded with an unfavourable outcome for Spanish and EU interests, the European Commission and the State Secretary for Commerce are analysing all possible course of action to react in defence of the table olive sector and to safeguard the legality of the subsidies brought into question by the US authorities. The possibility of bringing the case before the WTO has not been ruled out.
Non official translation
EFE