[Federal Register: September 16, 2003 (Volume 68, Number 179)]
[Notices]
[Page 54203-54204]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16se03-27]
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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 May 12, 2003, the Department of Commerce published the
preliminary results of administrative review of the antidumping duty
order on gray portland cement and clinker from Mexico. The review
covers one manufacturer/exporter, CEMEX, S.A. de C.V., and its
affiliate, GCC Cemento, S.A. de C.V. The period of review is August 1,
2001, through July 31, 2002.
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 ``Final Results of Review'' section of this
notice.
EFFECTIVE DATE: September 16, 2003.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Brian Ellman, Office
of AD/CVD Enforcement 3, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, N.W., Washington, D.C. 20230; telephone: (202)
482-3477 or (202) 482-4852, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 12, 2003, the Department of Commerce (the Department)
published in the Federal Register the preliminary results of the
administrative review of the antidumping duty order on gray portland
cement and clinker from Mexico. See Preliminary Results and Rescission
in Part of Antidumping Duty Administrative Review: Gray Portland Cement
and Clinker From Mexico, 68 FR 25327 (Preliminary Results).
We invited parties to comment on the Preliminary Results. In June
2003, we received case and rebuttal briefs from the petitioner, the
Southern Tier Cement Committee, and from the respondents, CEMEX, S.A.
de C.V. (CEMEX), and GCC Cemento, S.A. de C.V. (GCCC). The Department
has conducted this administrative review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act).
Scope of 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 parties to
this administrative review, and to which we have responded, are listed
in the Appendix to this notice and addressed in the ``Issues and
Decision Memorandum'' (Decision Memorandum) from Jeffrey May, Deputy
Assistant Secretary, to James J. Jochum, Assistant Secretary for Import
Administration, dated September 9, 2003, which is hereby adopted by
this notice. The Decision Memorandum is on file in Import
Administration's Central Records Unit, Room B-099 of the main
Department of Commerce Building. In addition, a complete version of the
Decision Memorandum is available on the Internet 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 corrected
certain programming and clerical errors in our preliminary results,
where applicable. These changes 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 GCCC, for the period August 1, 2001,
through July 31, 2002:
------------------------------------------------------------------------
Weighted-average
Exporter/manufacturer [chyph]percentage
margin
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CEMEX/GCCC......................................... 79.81
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Assessment Rates
The Department shall determine, and the Bureau of Customs and
Border Protection (Customs) shall assess, antidumping duties on all
appropriate entries. We will issue appropriate assessment instructions
directly to Customs within 15 days of publication of these final
results of review. In accordance with 19 CFR 351.212(b), we have
calculated an exporter/importer-specific assessment rate. For the sales
in the United States through the respondent's affiliated U.S. parties,
we divided the total dumping margin for
[[Page 54204]]
the reviewed sales by the total entered value of those reviewed sales.
We will direct Customs to assess the resulting percentage margin
against the entered customs values for the subject merchandise on each
of the entries during the review period (see 19 CFR 351.212(a)).
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 that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Cash-Deposit Requirements
As discussed in the Decision Memorandum, we have determined that it
is appropriate to require a per-unit cash-deposit amount for entries of
subject merchandise produced or exported by CEMEX/GCCC. 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
amount for CEMEX/GCCC will be $61.60 per metric ton; (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 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.
These final results of administrative review and notice are issued
and published in accordance with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.210(c).
Dated: September 9, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
Appendix Issues in the Decision Memorandum
1. Revocation
2. Sales-Below-Cost Test
3. Arm's-Length Test
4. Regional Assessment
5. Bag vs. Bulk
6. Adverse Facts Available
7. Swap Sales
8. Difference-in-Merchandise Adjustment
9. Selling Expenses
10. Cash Deposits
11. Interest Rate for Credit Expenses
12. Ministerial Errors
[FR Doc. 03-23619 Filed 9-15-03; 8:45 am]