[Federal Register: October 10, 2001 (Volume 66, Number 196)]
[Notices]
[Page 51685-51686]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10oc01-90]
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INTERNATIONAL TRADE COMMISSION
Request for Comments Concerning the Institution of a Section
751(b) Review Investigation; Gray Portland Cement and Cement Clinker
From Mexico
AGENCY: United States International Trade Commission.
ACTION: Request for comments regarding the institution of a section
751(b) review investigation concerning the Commission's affirmative
determination in investigation No. 731-TA-451 (Final), Gray Portland
Cement and Cement Clinker from Mexico.
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SUMMARY: The Commission invites comments from the public on whether
changed circumstances exist sufficient to warrant the institution of an
investigation pursuant to section 751(b) of the Tariff Act of 1930 (19
U.S.C. 1675(b)) (the Act) to review the Commission's affirmative
determination in investigation No. 731-TA-451 (Final). The purpose of
the proposed review investigation is to determine whether revocation of
the existing antidumping duty order on imports of gray portland cement
and cement clinker from Mexico is likely to lead to continuation or
recurrence of material injury (19 U.S.C. 1675(b)(2)(A)). Gray portland
cement and cement clinker is provided for in subheadings 2523.10.00,
2523.29.00, and 2523.90.00 of the Harmonized Tariff Schedule of the
United States.
EFFECTIVE DATE: October 1, 2001.
FOR FURTHER INFORMATION CONTACT: Robert Carpenter (202-205-3172),
Office of Investigations, U.S. International Trade Commission, 500 E
Street SW, Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (http://www.usitc.gov). The public record for this
matter may be viewed on the Commission's electronic docket (EDIS-ON-
LINE) at http://dockets.usitc.gov/eol/public.
SUPPLEMENTARY INFORMATION:
Background
On July 10, 1990, the Department of Commerce determined that
imports of gray portland cement and cement clinker from Mexico are
being sold in the United States at less than fair value (LTFV) within
the meaning of section 731 of the Act (19 U.S.C. 1673) (55 FR 29244,
July 18, 1990); and on August 23, 1990, the Commission determined,
pursuant to section 735(b)(1) of the Act (19 U.S.C. 1673d(b)(1)), that
an industry in the United States was materially injured by reason of
imports of such LTFV merchandise. Accordingly, Commerce ordered that
dumping duties be imposed on such imports (55 FR 35443, August 30,
1990). On February 28, 2000, Commerce determined that revocation of the
antidumping duty order on gray portland cement and cement clinker from
Mexico would be likely to lead to continuation or recurrence of dumping
(65 FR 11549, March 3, 2000), and on October 20, 2000, the Commission
determined that revocation of the order would be likely to lead to
continuation or recurrence of material injury to an industry in the
United States within a reasonably foreseeable time (65 FR 65327,
November 1, 2000). Accordingly, Commerce ordered that the antidumping
duty order be continued (65 FR 68979, November 15, 2000).
On September 19, 2001, the Commission received a request to review
its affirmative determination in investigation No. 731-TA-451 (Final)
pursuant to section 751(b) of the Act (19 U.S.C. 1675(b)). The request
was filed by CEMEX, S.A. de C.V., Monterrey, Mexico. CEMEX alleges that
its acquisition of U.S. cement producer, Southdown, Inc., which was
finalized on November 16, 2000, is a fundamental change that
constitutes changed circumstances sufficient to warrant review of the
continuation of the antidumping duty order. Specifically, CEMEX alleges
that its ``interest in the Southern Tier eliminates any perceived
incentive for CEMEX to import cement from Mexico into the Southern Tier
in quantities or at prices that would cause material injury to all or
almost all Southern Tier cement producers in the reasonably foreseeable
future.''
Written Comments Requested
Pursuant to section 207.45(b) of the Commission's Rules of Practice
and Procedure, the Commission requests comments concerning whether the
alleged changed circumstances, brought about by CEMEX's acquisition of
Southdown, are sufficient to warrant institution of a review
investigation.
Written Submissions
Comments must be filed with the Secretary to the Commission no
later than 30 days after the date of publication of this notice in the
Federal Register. All written submissions must conform with the
provisions of section 201.8 of the Commission's rules; any submissions
that contain business proprietary information must also conform with
the requirements of sections 201.6, 207.3, and 207.7 of the
Commission's rules. The Commission's rules do not authorize filing of
submissions with the Secretary by facsimile or electronic means.
[[Page 51686]]
Authority: This notice is published pursuant to section 207.45
of the Commission's rules.
Issued: October 3, 2001.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-25340 Filed 10-9-01; 8:45 am]
BILLING CODE 7020-02-P