The U.S. International Trade Commission (ITC) today determined that revoking the existing antidumping duty orders on gray portland cement and cement clinker from Mexico and Japan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time, but that terminating the suspension agreements on gray portland cement and cement clinker from Venezuela would not.

As a result of the Commission's affirmative determinations and the Department of Commerce's recent affirmative findings, the existing antidumping duty orders on imports of these products from Japan and Mexico will remain in place. As a result of the Commission's negative determinations concerning Venezuela, the existing suspension agreements on imports of these products from that country will be terminated.

With respect to Japan and Mexico, Chairman Stephen Koplan, Vice Chairman Deanna Tanner Okun, and Commissioners Marcia E. Miller and Jennifer A. Hillman voted in the affirmative. Commissioner Thelma J. Askey voted in the negative. Commissioner Lynn M. Bragg did not participate in these investigations.

With respect to Venezuela, Chairman Koplan, Vice Chairman Okun, and Commissioners Miller, Hillman, and Askey voted in the negative. Commissioner Bragg did not participate in these investigations.

Today's action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on these five-year (sunset) reviews.

The Commission's public report Gray Portland Cement and Cement Clinker from Japan, Mexico, and Venezuela (Invs. Nos. 303-TA-21 (Review) and 731-TA-451, 461, and 519 (Review), USITC Publication 3361, October 2000) will contain the views of the Commission and information developed during the reviews.

Copies may be requested after November 1, 2000, by calling 202-205-1809 or by contacting the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.

BACKGROUND

The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the ITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (ITC) within a reasonably foreseeable time.

The Commission's institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the ITC's notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.

The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission's prior injury determination, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.

The five-year (sunset) reviews concerning Gray Portland Cement and Cement Clinker from Japan, Mexico, and Venezuela were instituted on August 2, 1999.

On November 4, 1999, the Commission voted to conduct full reviews. With regard to Venezuela and Mexico, Vice Chairman Marcia E. Miller and Commissioners Carol T. Crawford, Jennifer A. Hillman, Stephen Koplan, and Thelma J. Askey concluded that both the domestic and the respondent group responses were adequate and voted for full reviews. Chairman Lynn M. Bragg is not participating in these reviews. With regard to Japan, Vice Chairman Miller and Commissioners Crawford, Hillman, Koplan, and Askey concluded that the domestic group response was adequate and that the respondent group response was inadequate, but that circumstances warranted a full review. Chairman Bragg is not participating in this review.

Information concerning the reasons for the Commission's vote to conduct full reviews was published in the Federal Register on November 17, 1999. That notice and a record of the Commission's votes are posted on the ITC's Internet site at www.usitc.gov (under "Five-Year (Sunset) Reviews"/"Gray Portland Cement & Clinker from Venezuela (CVD)," "Gray Portland Cement & Clinker from Venezuela (AD)," "Gray Portland Cement & Clinker from Mexico," and "Gray Portland Cement & Clinker from Japan").

In addition, a record of the Commission's votes to conduct full reviews is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.