[Federal Register Volume 65, Number 39 (Monday, February 28, 2000)]
[Notices]
[Pages 10467-10468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4616]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-307-803]


Gray Portland Cement and Cement Clinker From Venezuela; 
Preliminary Results of Sunset Review of Suspended Antidumping Duty 
Investigation

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

ACTION: Notice of preliminary results of full sunset review: gray 
portland cement and cement clinker from Venezuela.

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SUMMARY: On August 2, 1999, the Department of Commerce (``the 
Department'') initiated a sunset review of the suspended antidumping 
duty investigation on gray portland cement and cement clinker from 
Venezuela (64 FR 41915) pursuant to section 751(c) of the Tariff Act of 
1930, as amended (``the Act''). On the basis of a notice of intent to 
participate filed on behalf of domestic interested parties and adequate 
substantive responses filed on behalf of the domestic and respondent 
interested parties, the Department determined to conduct a full (240-
day) sunset review. As a result of this review, the Department 
preliminarily determines that termination of the suspended antidumping 
duty investigation would be likely to lead to continuation or 
recurrence of a dumping.

EFFECTIVE DATE: February 28, 2000.

FOR FURTHER INFORMATION CONTACT: Eun W. Cho or Melissa G. Skinner, 
Office of Policy for Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
1698 or (202) 482-1560, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (``the Act''), are references to the provisions 
effective January 1, 1995, the effective date of the amendments made to 
the Act by the Uruguay Round Agreements Act (``URAA''). In addition, 
unless otherwise indicated, all citations to the Department regulations 
are to 19 CFR Part 351 (1999). Guidance on methodological or analytical 
issues relevant to the Department's conduct of sunset reviews is set 
forth in the Department Policy Bulletin 98:3``Policies Regarding the 
Conduct of Five-year (``Sunset'') Reviews of Antidumping and 
Countervailing Duty Orders; Policy Bulletin, 63 FR 18871 (April 16, 
1998) (Sunset Policy Bulletin).

Background

    On August 2, 1999, the Department initiated a sunset review of the 
suspended antidumping duty investigation on gray portland cement and 
cement clinker from Venezuela (64 FR 41915). We invited parties to 
comment. On the basis of a notice of intent to participate filed on 
behalf of domestic interested parties and adequate substantive 
responses filed on behalf of the domestic and respondent interested 
parties, the Department determined to conduct a full (240-day) sunset 
review. The Department is conducting this sunset review in accordance 
with sections 751 and 752 of the Act.
    In accordance with section 751(c)(5)(C)(v) of the Act, the 
Department may treat a review as extraordinarily complicated if it is a

[[Page 10468]]

review of a transition order (i.e., a suspension agreement in effect on 
January 1, 1995). Therefore, on November 30, 1999, the Department 
determined that the sunset review of the suspended investigation on 
gray portland cement and cement clinker from Venezuela is 
extraordinarily complicated and extended the time limit for completion 
of the preliminary results of this review until not later than February 
18, 2000, in accordance with section 751(c)(5)(B) of the Act. \1\
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    \1\ See Extension of Time Limit for Preliminary Results of Full 
Five-Year Reviews, 64 FR 66879 (November 30, 1999).
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Scope of Review

    The products covered by this order include gray portland cement and 
cement clinker (``portland cement'') from Venezuela. 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 of being ground into finished cement. Oil 
well cement is also included within the scope of the investigation. 
Gray portland cement is currently classifiable under the Harmonized 
Tariff Schedule (``HTS'') item number 2523.29 and cement clinker is 
currently classifiable under HTS item number 2523.10. Gray portland 
cement has also been entered under HTS item number 2523.90 as other 
hydraulic cements. The HTS subheadings are provided for convenience and 
customs purposes only. Our written description of the scope of the 
proceeding is dispositive.

Analysis of Comments Received

    All issues raised in substantive responses and rebuttals by parties 
to this sunset review are addressed in the Issues and Decision 
Memorandum (``Decision Memorandum'') from Jeffrey A. May, Director, 
Office of Policy, Import Administration, to Robert S. LaRussa, 
Assistant Secretary for Import Administration, dated February 18, 2000, 
which is hereby adopted and incorporated by reference into this notice. 
The issues discussed in the attached Decision Memorandum include the 
likelihood of continuation or recurrence of dumping and the magnitude 
of the margin likely to prevail if the suspended investigation were 
terminated. Parties can find a complete discussion of all issues raised 
in this review and the corresponding recommendations in this public 
memorandum which is on file in B-099.
    In addition, a complete version of the Decision Memorandum can be 
accessed directly on the Web at www.ita.doc.gov/import--admin/records/
frn/, under the heading Venezuela. The paper copy and electronic 
version of the Decision Memorandum are identical in content.

Preliminary Results of Review

    We preliminarily determine that termination of the suspended 
antidumping duty investigation would be likely to lead to continuation 
or recurrence of dumping at the following percentage weighted-average 
margins:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporter                      (percent)
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Vencemos...................................................        50.02
Caribe.....................................................        49.20
All others.................................................        49.26
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    Any interested party may request a hearing within 30 days of 
publication of this notice in accordance with 19 CFR 351.310(c). Any 
hearing, if requested, will be held on April 19, 2000. Interested 
parties may submit case briefs no later than April 10, 2000, in 
accordance with 19 CFR 351.309(c)(1)(i). Rebuttal briefs, which must be 
limited to issues raised in the case briefs, may be filed not later 
than April 17, 2000. The Department will issue a notice of final 
results of this sunset review, which will include the results of its 
analysis of issues raised in any such comments, no later than June 27, 
2000.
    We are issuing and publishing this determination and notice in 
accordance with sections section 751(c), 752, and 777(i) of the Act.

    Dated: February 18, 2000.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 00-4616 Filed 2-25-00; 8:45 am]
BILLING CODE 3510-DS-P