[Federal Register: April 7, 2006 (Volume 71, Number 67)]
[Notices]
[Page 17830]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ap06-32]
[[Page 17830]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-802]
Gray Portland Cement and Clinker from Mexico: Notice of Amended
Final Results of Antidumping Duty Administrative Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: April 3, 2006
FOR FURTHER INFORMATION CONTACT: Jeffrey Frank or Minoo Hatten, AD/CVD
Operations, Office 5, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14\th\ Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
0090 or (202) 482-1690, respectively.
SUPPLEMENTARY INFORMATION: On August 30, 1990, the Department of
Commerce (the Department) published the antidumping duty order on gray
portland cement and clinker from Mexico (Mexican cement). See
Antidumping Duty Order: Gray Portland Cement and Clinker From Mexico,
55 FR 35443. Since the antidumping duty order was issued, CEMEX, S.A.
de C.V. (CEMEX), GCC Cemento, S.A. de C.V. (GCCC), and the domestic
industry, the Southern Tier Cement Committee (STCC), have challenged
aspects of the various administrative reviews and the sunset review the
Department has conducted of the order on Mexican cement before North
American Free Trade Agreement (NAFTA) panels. They have also challenged
certain International Trade Commission (ITC) determinations before
NAFTA panels.
On March 6, 2006, the Office of the United States Trade
Representative, the United States Department of Commerce, and
Secretaria de Economia of the Government of Mexico entered into an
Agreement on Trade in Cement (Agreement). As part of the Agreement, the
Department and all parties involved in the outstanding litigation have
agreed to settle many of these disputes. Pursuant to this settlement of
litigation, each complaining party has agreed to request termination of
each outstanding challenge before a NAFTA panel listed below.
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Review Period NAFTA Panel Federal Register Notice
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6...................................... 95/96 USA-MEX-98-1904-02 63 FR 12764 (3/16/98); as amended by
................. ............................................. 63 FR 24528 (5/4/98)
8...................................... 97/98 USA-MEX 2000-1904-03 65 FR 13943 (3/15/00)
9...................................... 98/99 USA-MEX-2001-1904-04 66 FR 14889 (3/14/01); as amended by
................. ............................................. 66 FR 24324 (5/14/01)
10..................................... 99/00 USA-MEX-2002-1904-05 67 FR 12518 (3/19/02)
11..................................... 00/01 USA-MEX-2003-1904-01 68 FR 1816 (1/14/03); as amended by
................. ............................................. 68 FR 7346 (2/13/03)
12..................................... 01/02 USA-MEX-2003-1904-03 68 FR 54203 (9/16/03); as amended by
................. ............................................. 68 FR 60083 (10/21/03)
13..................................... 02/03 USA-MEX-2004-1904-03 69 FR 77989 (12/29/04)
14..................................... 03/04 USA-MEX-2006-1904-03 71 FR 2909 (1/18/06)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Every contested review period covered by these amended final results
begins on August 1\st\ and ends on July 31\st\ of the following year.
According to the Agreement and as part of the settlement of
litigation, each complaining party requested termination of each of the
listed challenges before a NAFTA panel. The NAFTA Secretariat has
terminated the reviews in accordance with the parties' consent. Having
a final and conclusive resolution of these contested administrative
reviews, the Department is amending the final results of the contested
reviews and will instruct U.S. Customs and Border Protection (CBP) to
liquidate entries covered by the contested reviews. The Agreement
stipulates that any entries of cement produced by CEMEX or GCCC will be
assessed antidumping duties equal to $.10 per metric ton. The Agreement
also stipulates, pursuant to the settlement of litigation covering the
fourteenth administrative review, that the Department will instruct CBP
to revise the cash-deposit rate effective April 3, 2006, for entries of
Mexican cement produced or exported by CEMEX or GCCC to $3.00 per
metric ton.
Assessment of Duties
We are now amending the final results of these reviews of the
antidumping duty order on Mexican cement to reflect the terms of the
Agreement. Consequently, we determine that the per-unit amount to be
assessed on all entries of Mexican cement produced by CEMEX or GCCC is
$.10 per metric ton for the contested reviews.
Accordingly, the Department will instruct CBP to assess appropriate
antidumping duties on the affected entries of the subject merchandise
during the contested review periods. The Department will issue
assessment instructions to CBP within 15 days of publication of this
notice.
Cash-Deposit Requirements
As provided by section 751(a)(1) of the Tariff Act of 1930, as
amended, and as stipulated in the Agreement with regard to the
settlement of the fourteenth administrative review, the cash-deposit
rate for all shipments of Mexican cement produced or exported by CEMEX
and GCCC entered, or withdrawn from warehouse, for consumption on or
after April 3, 2006, shall be $3.00 per metric ton. The deposit
requirements shall remain in effect until further notice.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended.
Dated: April 3, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-5116 Filed 4-6-06; 8:45 am]
BILLING CODE 3510-DS-S