[Federal Register Volume 64, Number 147 (Monday, August 2, 1999)]
[Notices]
[Pages 41958-41961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19756]


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INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 303-TA-21 (Review) and 731-TA-451, 461, and 519 
(Review)]


Gray Portland Cement and Clinker From Japan, Mexico, and 
Venezuela

AGENCY: United States International Trade Commission.

ACTION: Institution of five-year reviews concerning the antidumping 
duty orders and suspended investigations on gray portland cement & 
clinker from Japan, Mexico, and Venezuela.

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SUMMARY: The Commission hereby gives notice that it has instituted 
reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 
1675(c)) (the Act) to determine whether revocation of the antidumping 
duty orders and termination of the suspended investigations on gray 
portland cement & clinker from Japan, Mexico, and Venezuela would be 
likely to lead to continuation or recurrence of material injury. 
Pursuant to section 751(c)(2) of the Act, interested parties are 
requested to respond to this notice by submitting the information 
specified below to the Commission; 1 to be assured of 
consideration, the deadline for responses is September 21, 1999. 
Comments on the adequacy of responses may be filed with the Commission 
by October 15, 1999.
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    \1\  No response to this request for information is required if 
a currently valid Office of Management and Budget (OMB) number is 
not displayed; the OMB number is 3117-0016/USITC No. 99-5-026. 
Public reporting burden for the request is estimated to average 7 
hours per response. Please send comments regarding the accuracy of 
this burden estimate to the Office of Investigations, U.S. 
International Trade Commission, 500 E Street, SW, Washington, DC 
20436.
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    For further information concerning the conduct of these reviews and 
rules of general application, consult the Commission's Rules of 
Practice and Procedure, part 201, subparts A through E (19 CFR part 
201), and part 207, subparts A, D, E, and F (19 CFR part 207). Recent 
amendments to the Rules of Practice and Procedure pertinent to five-
year reviews, including the text of subpart F of part 207, are 
published at 63 FR 30599, June 5, 1998, and may be downloaded from the 
Commission's World Wide Web site at http://www.usitc.gov/rules.htm.

EFFECTIVE DATE: August 2, 1999.

FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Elizabeth 
Haines (202-205-3200), or Vera Libeau (202-205-3176), 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).

SUPPLEMENTARY INFORMATION:

Background

    On the dates listed below, the Department of Commerce issued 
antidumping duty orders on the subject imports:

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          Order date               Product/country                  Inv. No.                     F.R. cite
----------------------------------------------------------------------------------------------------------------
8/30/90.......................  Gray portland cement   731-TA-451........................  55 F.R. 35443.
                                 and clinker/Mexico.
5/10/91.......................  Gray portland cement   731-TA-461........................  56 F.R. 21658.
                                 and clinker/Japan.
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    On the dates listed below, the Department of Commerce suspended the 
following countervailing duty and antidumping duty investigations:

----------------------------------------------------------------------------------------------------------------
          Order date               Product/country                  Inv. No.                     F.R. cite
----------------------------------------------------------------------------------------------------------------
2/27/92.......................  Gray portland cement   731-TA-519........................  57 F.R. 6706.
                                 and clinker/
                                 Venezuela.
3/17/92.......................  Gray portland cement   303-TA-21.........................  57 F.R. 9242.
                                 and clinker/
                                 Venezuela.
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    The Commission is conducting reviews to determine whether 
revocation of the orders and termination of the suspended 
investigations would be likely to lead to continuation or recurrence of 
material injury to the domestic industry within a reasonably 
foreseeable time. It will assess the adequacy of interested party 
responses

[[Page 41959]]

to this notice of institution to determine whether to conduct full 
reviews or expedited reviews. The Commission's determinations in any 
expedited reviews will be based on the facts available, which may 
include information provided in response to this notice.

Definitions

    The following definitions apply to these reviews:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year reviews, as defined by the Department 
of Commerce.
    (2) The Subject Countries in these reviews are Japan, Mexico, and 
Venezuela.
    (3) The Domestic Like Product is the domestically produced product 
or products which are like, or in the absence of like, most similar in 
characteristics and uses with, the Subject Merchandise. In its original 
determinations, the Commission defined the Domestic Like Product as 
gray portland cement and cement clinker.
    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic Like Product, or those producers whose collective output of 
the Domestic Like Product constitutes a major proportion of the total 
domestic production of the product. In its original determinations, the 
Commission defined the Domestic Industry as producers of gray portland 
cement and cement clinker, including ``grinding only'' operations.
    In all cases, the Commission concluded that ``appropriate 
circumstances'' existed for a regional analysis of the industry; 
however, the Commission found different regions to be appropriate based 
on the facts of each investigation. In its determination concerning 
Mexico, two Commissioners found that either the southern-tier region 
(the Gulf States and California) or the alternative southern-tier 
region (excludes northern California and the inland counties of the 
Gulf States) was appropriate and that no compelling case was made for 
one rather than the other. For purposes of the determination, they used 
the southern-tier region because it was the more difficult region 
within which to reach an affirmative finding. One Commissioner found 
that the alternative southern-tier region was appropriate. In its 
determination concerning Japan, the Commission found the regional 
industry to consist of producers in southern California; certain 
Commissioners found the regional industry to consist of producers in 
the State of California. In its determinations concerning Venezuela, 
the Commission found the regional industry to consist of producers in 
Florida. For purposes of this notice, you should report information 
separately on each of the following Domestic Industries: (1) Producers 
of gray portland cement and cement clinker, including ``grinding only'' 
operations, located in the southern-tier region (the Gulf States and 
California); (2) producers of gray portland cement and cement clinker, 
including ``grinding only'' operations, located in southern California; 
(3) producers of gray portland cement and cement clinker, including 
``grinding only'' operations, located in Florida; and, producers of 
gray portland cement and cement clinker, including ``grinding only'' 
operations, located in the United States as a whole.
    (5) The Order Dates are the dates that the antidumping duty orders 
under review became effective and the investigations were suspended. In 
these reviews, the Order Dates are as presented in the preceding 
tabulations.
    (6) An Importer is any person or firm engaged, either directly or 
through a parent company or subsidiary, in importing the Subject 
Merchandise into the United States from a foreign manufacturer or 
through its selling agent.

Participation in the Reviews and Public Service List

    Persons, including industrial users of the Subject Merchandise and, 
if the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the reviews as parties must 
file an entry of appearance with the Secretary to the Commission, as 
provided in section 201.11(b)(4) of the Commission's rules, no later 
than 21 days after publication of this notice in the Federal Register. 
The Secretary will maintain a public service list containing the names 
and addresses of all persons, or their representatives, who are parties 
to the reviews.

Limited Disclosure of Business Proprietary Information (BPI) Under 
an Administrative Protective Order (APO) and APO Service List

    Pursuant to section 207.7(a) of the Commission's rules, the 
Secretary will make BPI submitted in these reviews available to 
authorized applicants under the APO issued in the reviews, provided 
that the application is made no later than 21 days after publication of 
this notice in the Federal Register. Authorized applicants must 
represent interested parties, as defined in 19 U.S.C. 1677(9), who are 
parties to the reviews. A separate service list will be maintained by 
the Secretary for those parties authorized to receive BPI under the 
APO.

Certification

    Pursuant to section 207.3 of the Commission's rules, any person 
submitting information to the Commission in connection with these 
reviews must certify that the information is accurate and complete to 
the best of the submitter's knowledge. In making the certification, the 
submitter will be deemed to consent, unless otherwise specified, for 
the Commission, its employees, and contract personnel to use the 
information provided in any other reviews or investigations of the same 
or comparable products which the Commission conducts under Title VII of 
the Act, or in internal audits and investigations relating to the 
programs and operations of the Commission pursuant to 5 U.S.C. Appendix 
3.
    Written submissions.--Pursuant to section 207.61 of the 
Commission's rules, each interested party response to this notice must 
provide the information specified below. The deadline for filing such 
responses is September 21, 1999. Pursuant to section 207.62(b) of the 
Commission's rules, eligible parties (as specified in Commission rule 
207.62(b)(1)) may also file comments concerning the adequacy of 
responses to the notice of institution and whether the Commission 
should conduct expedited or full reviews. The deadline for filing such 
comments is October 15, 1999. All written submissions must conform with 
the provisions of sections 201.8 and 207.3 of the Commission's rules 
and any submissions that contain BPI must also conform with the 
requirements of sections 201.6 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. Also, in accordance with 
sections 201.16(c) and 207.3 of the Commission's rules, each document 
filed by a party to the reviews must be served on all other parties to 
the reviews (as identified by either the public or APO service list as 
appropriate), and a certificate of service must accompany the document 
(if you are not a party to the reviews you do not need to serve your 
response).

Inability To Provide Requested Information

    Pursuant to section 207.61(c) of the Commission's rules, any 
interested party that cannot furnish the information requested by this 
notice in the requested form and manner shall

[[Page 41960]]

notify the Commission at the earliest possible time, provide a full 
explanation of why it cannot provide the requested information, and 
indicate alternative forms in which it can provide equivalent 
information. If an interested party does not provide this notification 
(or the Commission finds the explanation provided in the notification 
inadequate) and fails to provide a complete response to this notice, 
the Commission may take an adverse inference against the party pursuant 
to section 776(b) of the Act in making its determinations in the 
reviews.

Information To Be Provided in Response to This Notice of 
Institution

    If you are a domestic producer, union/worker group, or trade/
business association; import/export Subject Merchandise from more than 
one Subject Country; or produce Subject Merchandise in more than one 
Subject Country, you may file a single response. If you do so, please 
ensure that your response to each question includes the information 
requested for each pertinent Subject Country. As used below, the term 
``firm'' includes any related firms.
    (1) The name and address of your firm or entity (including World 
Wide Web address if available) and name, telephone number, fax number, 
and E-mail address of the certifying official.
    (2) A statement indicating whether your firm/entity is a U.S. 
producer of the Domestic Like Product, a U.S. union or worker group, a 
U.S. importer of the Subject Merchandise, a foreign producer or 
exporter of the Subject Merchandise, a U.S. or foreign trade or 
business association, or another interested party (including an 
explanation). If you are a union/worker group or trade/business 
association, identify the firms in which your workers are employed or 
which are members of your association.
    (3) A statement indicating whether your firm/entity is willing to 
participate in these reviews by providing information requested by the 
Commission.
    (4) A statement of the likely effects of the revocation of the 
antidumping duty orders and termination of the suspended investigations 
on the Domestic Industry in general and/or your firm/entity 
specifically. In your response, please discuss the various factors 
specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) including 
the likely volume of subject imports, likely price effects of subject 
imports, and likely impact of imports of Subject Merchandise on the 
Domestic Industry.
    (5) A list of all known and currently operating U.S. producers of 
the Domestic Like Product. Identify any known related parties and the 
nature of the relationship as defined in section 771(4)(B) of the Act 
(19 U.S.C. 1677(4)(B)).
    (6) A list of all known and currently operating U.S. importers of 
the Subject Merchandise and producers of the Subject Merchandise in the 
Subject Countries that currently export or have exported Subject 
Merchandise to the United States or other countries since the years the 
petitions were filed. The Subject Merchandise, the Subject Countries, 
and the years the petitions were filed are listed below:

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           Subject merchandise/subject country                 Years
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Gray portland cement and clinker/Mexico.................            1989
Gray portland cement and clinker/Japan..................            1990
Gray portland cement and clinker/Venezuela..............            1991
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    (7) If you are a U.S. producer of the Domestic Like Product, 
provide the following information on your firm's operations on that 
product during calendar year 1998 (report quantity data in short tons 
and value data in thousands of U.S. dollars, f.o.b. plant). If you are 
a union/worker group or trade/business association, provide the 
information, on an aggregate basis, for the firms in which your workers 
are employed/which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total U.S. production of the Domestic Like Product 
accounted for by your firm's(s') production;
    (b) the quantity and value of U.S. commercial shipments of the 
Domestic Like Product produced in your U.S. plant(s); and
    (c) the quantity and value of U.S. internal consumption/company 
transfers of the Domestic Like Product produced in your U.S. plant(s).
    (8) If you are a U.S. importer or a trade/business association of 
U.S. importers of the Subject Merchandise from the Subject Countries, 
provide the following information on your firm's(s') operations on that 
product during calendar year 1998 (report quantity data in short tons 
and value data in thousands of U.S. dollars). If you are a trade/
business association, provide the information, on an aggregate basis, 
for the firms which are members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping or countervailing duties) of U.S. imports and, if known, an 
estimate of the percentage of total U.S. imports of Subject Merchandise 
from the Subject Countries accounted for by your firm's(s') imports;
    (b) the quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. commercial shipments of Subject 
Merchandise imported from the Subject Countries; and
    (c) the quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. internal consumption/company 
transfers of Subject Merchandise imported from the Subject Country.
    (9) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in the 
Subject Countries, provide the following information on your firm's(s') 
operations on that product during calendar year 1998 (report quantity 
data in short tons and value data in thousands of U.S. dollars, landed 
and duty-paid at the U.S. port but not including antidumping or 
countervailing duties). If you are a trade/business association, 
provide the information, on an aggregate basis, for the firms which are 
members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in the Subject 
Countries accounted for by your firm's(s') production; and
    (b) the quantity and value of your firm's(s') exports to the United 
States of Subject Merchandise and, if known, an estimate of the 
percentage of total exports to the United States of Subject Merchandise 
from the Subject Countries accounted for by your firm's(s') exports.
    (10) Identify significant changes, if any, in the supply and demand 
conditions or business cycle for the Domestic Like Product that have 
occurred in the United States or in the market for the Subject 
Merchandise in the Subject Countries since the Order Dates, and 
significant changes, if any, that are likely to occur within a 
reasonably foreseeable time. Supply conditions to consider include 
technology; production methods;

[[Page 41961]]

development efforts; ability to increase production (including the 
shift of production facilities used for other products and the use, 
cost, or availability of major inputs into production); and factors 
related to the ability to shift supply among different national markets 
(including barriers to importation in foreign markets or changes in 
market demand abroad). Demand conditions to consider include end uses 
and applications; the existence and availability of substitute 
products; and the level of competition among the Domestic Like Product 
produced in the United States, Subject Merchandise produced in the 
Subject Countries, and such merchandise from other countries.
    (11) (OPTIONAL) A statement of whether you agree with the above 
definitions of the Domestic Like Product and Domestic Industry; if you 
disagree with either or both of these definitions, please explain why 
and provide alternative definitions.

    Authority: These reviews are being conducted under authority of 
title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.61 of the Commission's rules.

    Issued: July 27, 1999.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-19756 Filed 7-30-99; 8:45 am]
BILLING CODE 7020-02-P