[Federal Register Volume 66, Number 50 (Wednesday, March 14, 2001)]
[Notices]
[Pages 14889-14891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6359]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-802]
Gray Portland Cement and Clinker From Mexico; Final Results of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final results of antidumping duty administrative
review.
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SUMMARY: On September 7, 2000, the Department of Commerce published the
preliminary results of its administrative review of the antidumping
duty order on gray portland cement and clinker from Mexico. On January
5, 2001, and January 31, 2001, the Department of Commerce published
notices of extension of the due date for the final
[[Page 14890]]
results. The review covers one manufacturer/exporter, CEMEX, S.A. de
C.V. (CEMEX), and its affiliate, Cementos de Chihuahua, S.A. de C.V.
(CDC). The period of review is August 1, 1998, through July 31, 1999.
Based on our analysis of the comments received, we have made
changes in the margin calculations. Therefore, the final results differ
from the preliminary results. The final weighted-average dumping margin
is listed below in the section entitled ``Final Results of Review.''
EFFECTIVE DATE: March 14, 2001.
FOR FURTHER INFORMATION CONTACT: David Dirstine or Minoo Hatten, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC
20230; telephone (202) 482-4033 and (202) 482-1690, respectively.
SUPPLEMENTARY INFORMATION:
The Applicable Statute
Unless otherwise indicated, all citations to the Tariff Act of
1930, as amended (the Act), are references to the provisions effective
January 1, 1995, the effective date of the amendments made to the Act
by the Uruguay Round Agreements Act (URAA). In addition, unless
otherwise indicated, all citations to the Department of Commerce's (the
Department's) regulations are to 19 CFR Part 351 (April 1999).
Background
On September 7, 2000, the Department published in the Federal
Register the preliminary results of its administrative review of the
antidumping duty order on gray portland cement and clinker from Mexico.
Preliminary Results of Antidumping Duty Administrative Review: Gray
Portland Cement and Clinker From Mexico, 65 FR 54220 (September 7,
2000) (preliminary results). On January 5, 2001, and January 31, 2001,
the Department published notices of extension of final results. Gray
Portland Cement and Clinker From Mexico; Notice of Extension of Final
Results of Antidumping Duty Administrative Review, 66 FR 1078 (January
5, 2001) and 66 FR 8384 (January 31, 2001). As discussed in detail in
the preliminary results of review, we have collapsed CEMEX and CDC for
this review and calculated a single weighted-average margin for these
companies.
We invited parties to comment on our preliminary results of review.
The Department has conducted this administrative review in accordance
with section 751(a) of the Act.
Scope of the Review
The products covered by this review include gray portland cement
and clinker. Gray portland cement is a hydraulic cement and the primary
component of concrete. Clinker, an intermediate material product
produced when manufacturing cement, has no use other than being ground
into finished cement. Gray portland cement is currently classifiable
under Harmonized Tariff Schedule (HTS) item number 2523.29 and cement
clinker is currently classifiable under HTS item number 2523.10. Gray
portland cement has also been entered under HTS item number 2523.90 as
``other hydraulic cements.'' The HTS subheadings are provided for
convenience and customs purposes only. The Department's written
description remains dispositive as to the scope of the product
coverage.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by interested
parties to this administrative review are addressed in the ``Decision
Memorandum for the Final Results'' (Decision Memorandum) from Richard
W. Moreland, Deputy Assistant Secretary for Import Administration, to
Bernard T. Carreau, Deputy Assistant Secretary, AD/CVD Enforcement II,
dated March 5, 2001, which is hereby adopted into this notice. A list
of the issues which parties have raised and to which we have responded,
all of which are in the Decision Memorandum, is attached to this notice
as an Appendix. Parties can find a complete discussion of all issues
raised in this review and the corresponding recommendations in this
public memorandum which is on file in the Central Records Unit, Room B-
099 of the main Department Building. In addition, a complete version of
the Decision Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov. The paper copy and electronic version of the Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of comments received, we have reclassified
certain reported export price sales as constructed export price sales
and made certain changes in the margin calculations. We have also
corrected certain programming and clerical errors in our preliminary
results, where applicable. These changes as well as any alleged
programming or clerical errors with which we do not agree are discussed
in the relevant sections of the Decision Memorandum.
Final Results of Review
We determine that the following weighted-average margin exists for
the collapsed parties, CEMEX and CDC, for the period August 1, 1998,
through July 31, 1999:
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Company Margin
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CEMEX/CDC.................................................. 39.34%
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The Department shall determine, and the Customs Service shall
assess, antidumping duties on all appropriate entries. In accordance
with 19 CFR 351.212(b), we have calculated an exporter/importer-
specific assessment value. The Department will issue appraisement
instructions directly to the Customs Service.
Cash Deposit Requirements
The following deposit requirements shall be effective upon
publication of this notice of final results of administrative review
for all shipments of gray portland cement and clinker from Mexico,
entered, or withdrawn from warehouse, for consumption on or after the
publication date, as provided for by section 751(a)(1) of the Act: (1)
the cash deposit rate for CEMEX/CDC will be 39.34 percent; (2) for
previously investigated or reviewed companies not listed above, the
cash deposit rate will continue to be the company-specific rate
published for the most recent period; (3) if the exporter is not a firm
covered in this or any previous reviews or the original less-than-fair-
value (LTFV) investigation but the manufacturer is, the cash deposit
rate will be the rate established for the most recent period for the
manufacturer of the merchandise; and (4) the cash deposit rate for all
other manufacturers or exporters will continue to be 61.85 percent,
which was the ``all others'' rate in the LTFV investigation. See Final
Determination of Sales at Less Than Fair Value: Gray Portland Cement
and Clinker from Mexico, 55 FR 29244 ( July 18, 1990).
The deposit requirements shall remain in effect until publication
of the final results of the next administrative review.
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the Secretary's presumption
[[Page 14891]]
that reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305. Timely notification of return/
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and the
terms of an APO is a sanctionable violation.
We are issuing and publishing this determination in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: March 6, 2001.
Timothy J. Hauser,
Acting Under Secretary for International Trade.
Appendix--List of Issues
1. Revocation
2. Ordinary Course of Trade
3. Constructed Export Price Calculation
4. Level of Trade
5. Regional Assessment
6. Bag vs. Bulk
7. Difference-in-Merchandise Calculation
8. Assessment-Rate Calculation
9. Financing Cash Deposits
10. Export Price Sales
11. Contrucentro's Employee Sales
12. Ministerial Errors
a. CDC's Employee Sales
b. Programming Errors
[FR Doc. 01-6359 Filed 3-13-01; 8:45 am]
BILLING CODE 3510-DS-P