[Federal Register Volume 63, Number 26 (Monday, February 9, 1998)]
[Notices]
[Pages 6524-6525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3211]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-427-812]


Calcium Aluminate Flux From France; Initiation and Preliminary 
Results of Changed Circumstances Antidumping Duty Administrative 
Review, and Intent To Revoke Order

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

ACTION: Notice of initiation and preliminary results of changed 
circumstances antidumping duty administrative review, and intent to 
revoke order.

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EFFECTIVE DATE: February 9, 1998.

SUMMARY: In response to a December 12, 1997 request from Lafarge 
Aluminates and Lafarge Calcium Aluminates (Lafarge), the sole 
respondent in this case, the Department of Commerce (the Department) is 
initiating a changed circumstances antidumping duty administrative 
review and issuing an intent to revoke the order on calcium aluminate 
flux from France. Based on the fact that Lehigh Portland Cement, the 
petitioner, has expressed no interest in the importation and sales of 
calcium aluminate flux, we have preliminarily determined to revoke the 
antidumping duty order on calcium aluminate flux from France.
    Interested parties are invited to comment on these preliminary 
results.

FOR FURTHER INFORMATION CONTACT:
Maureen McPhillips or Linda Ludwig, AD/CVD Enforcement Group III, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, 
N.W., Washington, D.C. 20230; telephone (202) 482-0193 or (202) 482-
3833.

SUPPLEMENTARY INFORMATION: 

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (the Act) by the 
Uruguay Round Agreements Act (URAA). In addition, unless otherwise 
indicated, all citations to the Department's regulations are to the 
regulations codified at 19 CFR Part 351 (62 FR 27296, May 19, 1997).

Background

    On March 25, 1994, the Department published the final determination 
in the less-than-fair-value (LTFV) investigation on calcium aluminate 
flux from France, and subsequently published an antidumping duty order 
on June 13, 1994 (59 FR 30337). On December 12, 1997, Lafarge, the 
respondent, requested that the Department conduct a changed 
circumstances administrative review to determine whether a Lehigh 
Portland Cement (Lehigh), the petitioner in the original investigation, 
continues to have an interest in the antidumping duty order on calcium 
aluminate flux. Based on information provided by Lafarge's customers 
and contacts in the industry, Lafarge asserts that Lehigh is not 
currently producing calcium aluminate flux and that it does not intend 
to continue to supply calcium aluminate flux to U.S. customers in the 
future. If we find that Lehigh is no longer a producer of calcium 
aluminate flux and therefore has no further interest in the underlying 
order, Lafarge requests that the Department revoke the antidumping duty 
order based on these changed circumstances.
    Subsequent to Lafarge's request for a changed circumstances 
administrative review, Lehigh, the petitioner and the sole U.S. 
producer of the subject merchandise during the original investigation, 
informed the Department that it had no interest in continuing the 
antidumping duty order on calcium aluminate flux from France (see 
Memorandum to the File, January 28, 1998).

Scope of the Review

    Imports covered by this review are shipments of CA flux, other than 
white, high purity CA flux. This product contains by weight more than 
32 percent but less than 65 percent alumina and more than one percent 
each of iron and silica.
    CA flux is currently classifiable under the Harmonized Tariff 
Schedule of the United States (HTSUS) subheading 2523.10.0000. The 
HTSUS subheading is provided for convenience and U.S. Customs' purposes 
only. The written description of the scope of this order remains 
dispositive.

Initiation and Preliminary Results of Changed Circumstances Antidumping 
Duty Administrative Review, and Intent to Revoke

    In accordance with Section 751(b) of the Act and section 351.216 of 
the Department's regulations, the Department is initiating a changed 
circumstances review on calcium aluminate flux from France to determine 
whether revocation of the order is warranted. Section 782(h)(2) of the 
Act and section 351.222(g)(1)(i) of the Department's regulations 
further provide that the Department may revoke an order if it 
determines that producers accounting for substantially all of the 
production of the domestic like product have no further interest in the 
order. In addition, in the event the Department determines that 
expedited action is warranted, section 351.221(c)(3)(ii) of the 
regulations permits the Department to combine the notices of initiation 
and preliminary results. We believe that expedited action is warranted 
in this case due to Lafarge's assertion that Lehigh has ceased 
production of the subject merchandise altogether in the United States.
    Based on an affirmative statement of no interest in the order by 
the Petitioner, as memorialized in our January 28, 1998 Memorandum to 
the File, we have preliminarily determined that the order on calcium 
aluminate flux is no longer of interest to domestic interested parties. 
Because we have concluded that expedited action is warranted, we are 
combining these notices of initiation and preliminary results. 
Therefore, we are hereby notifying the public of our intent to revoke 
the antidumping duty order on calcium aluminate flux from France.
    Interested parties may submit case briefs and/or written comments 
no later

[[Page 6525]]

than 30 days after the date of publication of these preliminary 
results. Rebuttal briefs and rebuttals to written comments, limited to 
issues raised in such briefs or comments, may be filed no later than 37 
days after the date of publication. The Department will issue the final 
results of this changed circumstances review, which will include the 
results of its analysis raised in any such written comments, no later 
than 270 days after the date on which this review was initiated, or 
within 45 days if all parties agree to our preliminary determination. 
See section 351.216(e) of the Department's regulations.
    If final revocation occurs, we will instruct the U.S. Customs 
Service to end the suspension of liquidation and to refund, with 
interest, any estimated antidumping duties collected for all 
unliquidated entries of calcium aluminate flux from France. The current 
requirement for a cash deposit of estimated antidumping duties on all 
subject merchandise will continue unless and until it is modified 
pursuant to the final results of this changed circumstances review.
    This initiation of review and notice are in accordance with 
sections 751(b) of the Act, as amended (19 U.S.C. 1675(b)), and 19 
C.F.R. 351.216.
    Dated: February 3, 1998.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 98-3211 Filed 2-6-98; 8:45 am]
BILLING CODE 3510-DS-M