[Federal Register Volume 60, Number 197 (Thursday, October 12, 1995)]
[Notices]
[Page 53163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25303]



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DEPARTMENT OF COMMERCE
[A-201-802]


Gray Portland Cement and Clinker From Mexico; Notice of Court 
Decision

AGENCY: Import Administration, International Trade Administration 
Department of Commerce.

ACTION: Notice of court decision and suspension of liquidation.

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SUMMARY: On July 12, 1995, in the case of The Ad Hoc Committee of AZ-
NM-TX-FL Producers of Gray Portland Cement v. United States, Slip Op. 
95-125, (Ad Hoc), the United States Court of International Trade (the 
Court) affirmed the Department of Commerce's (the Department's) results 
of redetermination pursuant to remand, and prior remand determinations 
of the Department, of the final results of the first administrative 
review of the antidumping duty order on gray portland cement and 
clinker from Mexico. The period covered by the first review is April 
12, 1990 through July 31, 1991. The Court ruled that the challenge by 
defendant-intervenor CEMEX, S.A. of the Department's treatment of 
value-added taxes was untimely filed and, therefore, sustained the 
Department's final results of redetermination pursuant to remand.

EFFECTIVE DATE: October 12, 1995.

FOR FURTHER INFORMATION CONTACT: Robert James or John Kugelman, Office 
of Antidumping Compliance, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue N.W., Washington, DC 20230; telephone: (202) 482-
5253.

SUPPLEMENTARY INFORMATION:

Background

    On April 28, 1993, the Department published in the Federal Register 
the final results of its first administrative review of the antidumping 
duty order on gray portland cement and clinker from Mexico (58 FR 25803 
(April 28, 1993)). In those final results, the Department set forth its 
determination of the weighted-average margins for the two respondent 
companies for the period of review, April 12, 1990 through July 31, 
1991, and announced its intent to instruct the U.S. Customs Service to 
assess antidumping duties on all appropriate entries.
    Petitioners in these proceedings subsequently filed suit with the 
Court challenging these final results. Thereafter, the Court published 
an Order and Opinion dated September 26, 1994 in Ad Hoc, Ct. No. 93-05-
00273, Slip Op. 94-151, remanding the Department's determination with 
instructions to: (1) Consider CEMEX's claimed deductions for pre-sale 
home market transportation costs under the circumstances-of-sale (COS) 
provision of the Department's regulations; (2) apply a value-added-tax 
(VAT) adjustment consistent with the methodology established in 
Torrington Co. v. United States, 853 F. Supp. 446 (CIT 1994); (3) 
reclassify certain transactions designated as exporter's sales price 
(ESP) transactions as purchase price transactions and reconsider the 
selection of best information available (BIA) for certain other sales; 
and (4) reconsider the selection of BIA data for missing added material 
costs. On January 5, 1995, the Department filed its remand results with 
the Court. On January 25, 1995, CEMEX challenged certain aspects of the 
Department's remand results, including our treatment of VAT.
    On May 15, 1995, the Court ordered a second remand so that the 
Department could make technical corrections to its final remand results 
(Slip Op. 95-91). The Department filed its redetermination with the 
Court on June 13, 1995; the Court, on July 12, 1995, affirmed the 
Department's remand results, and issued a judgment that CEMEX's January 
25, 1995 challenge on the issue of value-added taxes was untimely filed 
and, therefore, moot.

Suspension of Liquidation

    In its decision in Timken Co. v. United States, Court No. 89-1489 
(January 4, 1990), the Federal Circuit held that the Department must 
publish notice of a decision of the Court or Federal Circuit which is 
not ``in harmony'' with the Department's determination. Publication of 
this notice fulfills this obligation. The Federal Circuit also held 
that in such a case, the Department must suspend liquidation until 
there is a ``conclusive'' decision in the action. CEMEX has filed an 
appeal with the Federal Circuit that challenges the Court's May 15, 
1995 and July 12, 1995 decisions. Therefore, the Department will 
continue to suspend liquidation pending a final decision of the Federal 
Circuit in this case. In the event of a ``conclusive'' decision 
affirming the Court's July 12, 1995 and May 15, 1995 decisions, the 
Department will publish in the Federal Register an amended final 
results of administrative review that reflects the results of the 
Court's May 15, 1995 and July 12, 1995 decisions.

    Dated: October 4, 1995.
Paul L. Joffe,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 95-25303 Filed 10-11-95; 8:45 am]
BILLING CODE 3510-DS-P