[Federal Register: January 18, 2006 (Volume 71, Number 11)]
[Notices]
[Page 2909-2910]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ja06-23]
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DEPARTMENT OF COMMERCE
International Trade Administration
(A-201-802)
Gray Portland Cement and Clinker from Mexico: Notice of Final
Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On September 13, 2005, 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,
2003, through July 31, 2004.
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: January 18, 2006.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Jeffrey Frank,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14\th\ Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202) 482-3477 or (202) 482-0090,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 13, 2005, 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 of Antidumping
Duty Administrative Review: Gray Portland Cement and Clinker From
Mexico, 70 FR 54013 (Preliminary Results).
We invited parties to comment on the Preliminary Results. On
October 13, 2005, we received case briefs from the petitioner, the
Southern Tier Cement Committee, Holcim Inc., a domestic interested
party, and from the respondents, CEMEX, S.A. de C.V. (CEMEX), and GCC
Cemento, S.A. de C.V. (GCCC).
Scope of the Order
The products covered by this order 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 of the United States (HTSUS) item
number 2523.29 and cement clinker is currently classifiable under HTSUS
item number 2523.10. Gray portland cement has also been entered under
HTSUS item number 2523.90 as ``other hydraulic cements.'' The HTSUS
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 Memo'' (Decision Memo) from Stephen J. Claeys, Deputy
Assistant Secretary, to David M. Spooner, Assistant Secretary for
Import Administration, dated January 11, 2006, which is hereby adopted
by this notice. The Decision Memo is on file in Import Administration's
Central Records Unit, Room B-099 of the main Department building. In
addition, a complete version of the Decision Memo is available on the
Internet at http://ia.ita.doc.gov. The paper copy and electronic
version of the Decision Memo are identical in content.
Changes Since the Preliminary Results
Based on our analysis of comments received, we have corrected
certain programming and ministerial errors in our preliminary results,
where applicable. These changes are discussed in the Final Results
Analysis Memorandum from the case analyst to the File dated January 11,
2005.
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, 2003,
through July 31, 2004:
------------------------------------------------------------------------
Weighted-average
Exporter/manufacturer percentage margin
------------------------------------------------------------------------
CEMEX/GCCC.......................................... 42.26
------------------------------------------------------------------------
Assessment Rates
The Department shall determine, and U.S. Customs and Border
Protection
[[Page 2910]]
(CBP) shall assess, antidumping duties on all appropriate entries. We
will issue appropriate assessment instructions directly to CBP on or
after the 41st day after 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 the reviewed sales by the total entered value of
those reviewed sales. We will direct CBP 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(b)(1)).
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003 (68 FR 23954). This clarification will apply to entries of
subject merchandise during the period of review produced by the company
included in the final results of review for which the reviewed company
did not know its merchandise was destined for the United States. In
such instances, we will instruct CBP to liquidate unreviewed entries at
the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction. For a full discussion of this
clarification, see Notice of Policy Concerning Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
Cash-Deposit Requirements
As discussed in the Decision Memo in response to Comment 6, we
continue to determine 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 by section
751(a)(1) of the Act: (1) the cash-deposit amount for CEMEX/GCCC will
be $26.28 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; (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). These deposit requirements shall remain in effect until
publication of the final results of the next administrative review.
This notice serves as a 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 Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled 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 the
return or 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 are sanctionable violations.
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.
Dated: January 11, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix Issues in the Decision Memo
1. Revocation
2. Regional Assessment
3. Sales-Below-Cost Test
4. Bag vs. Bulk
5. Swap Sales
6. Cash-Deposit Methodology
7. Ordinary Course of Trade
8. Indirect Selling Expenses
9. Interest Revenue
[FR Doc. E6-484 Filed 1-17-06; 8:45 am]
BILLING CODE 3510-DS-S