[Federal Register Volume 65, Number 39 (Monday, February 28, 2000)]
[Notices]
[Pages 10468-10469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4617]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-802]


Gray Portland Cement and Cement Clinker From Mexico; Preliminary 
Results of Full Sunset Review

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 Mexico.

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SUMMARY: On August 2, 1999, the Department of Commerce (``the 
Department'') initiated a sunset review of the antidumping duty order 
on gray portland cement and cement clinker from Mexico (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 domestic and respondent interested 
parties, the Department determined to conduct a full sunset review. As 
a result of this review, the Department preliminarily finds that 
revocation of the antidumping duty order would likely lead to 
continuation or recurrence of dumping at the levels indicated in the 
Preliminary Results of Review section of this notice.

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 
antidumping duty order on gray portland cement and cement clinker from 
Mexico (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 domestic 
and respondent interested parties, the Department determined to conduct 
a full sunset review. The Department is conducting this sunset review 
in accordance with sections 751 and 752 of the Act.

[[Page 10469]]

    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 
review of a transition order (i.e., an order in effect on January 1, 
1995). This antidumping duty order on cement is a transition order. 
Therefore, on November 30, 1999, the Department determined that the 
sunset review of the antidumping duty order on gray portland cement 
from Mexico is extraordinarily complicated and extended the time limit 
for completion of the preliminary result 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 
clinker (``portland cement'') from Mexico. 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. 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. In its only scope ruling, the Department determined that 
masonry cement is not within the scope of the order. \2\ The HTS 
subheadings are provided for convenience and customs purposes only. Our 
written description of the scope of the proceeding is dispositive.
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    \2\ See Notice of Scope Rulings, 61 FR 18381 (April 25, 1996). 
In their rebuttal comments (at 24-26), the domestic interested 
parties argue that the aforementioned scope ruling is only specific 
to Cementos de Chihuahua, S.A. de C.V. (``CDC''), and Mexcement, 
Inc. The domestic interested parties argue that masonry cement 
exported to the United States by CEMEX and Apasco should not be 
excluded from the scope. However, in Final Scope Ruling--Antidumping 
Duty Order on Gray Portland Cement and Clinker from Mexico (A-201-
802) (January 18, 1996, memorandum from Holly A. Kuga, Director 
Office of Antidumping Compliance, to Joseph A Spetrini, Deputy 
Assistant Secretary for Compliance), the Department determined that 
masonry cement is excluded from the scope of the order based on the 
chemical characteristics and end-use of the product and not on 
specific manufacturers. Specifically, the Department excluded the 
masonry cement because its uses (in mortar for masonry construction 
for joining bricks and blocks) do not fall within the scope of the 
order (as a primary component of concrete). In addition, the 
petitioners made a joint submission in which they agreed that 
masonry cement is excluded from the scope so long as masonry cement 
could not be used to produce concrete. Finally, the Final Scope 
Ruling concerns the subject merchandise from Mexico, not just that 
of CDC or Mexcement. Consequently, the Department excluded all 
masonry cement from Mexico, regardless of the company at which the 
masonry cement originated, from the scope of the order.
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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 Memo'') 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 Memo include the likelihood 
of continuation or recurrence of dumping and the magnitude of the 
margin likely to prevail were the order revoked. 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 Memo can be 
accessed directly on the Web at www.ita.doc.gov/import--admin/records/
frn/, under the heading Mexico. The paper copy and electronic version 
of the Decision Memorandum are identical in content.

Preliminary Results of Review

    We preliminarily determine that revocation of the antidumping duty 
order 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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CEMEX......................................................        95.44
Apasco.....................................................        53.26
Cementos Hildago, S.C.L....................................         3.69
All others.................................................        59.91
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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. 00-4617 Filed 2-25-00; 8:45 am]
BILLING CODE 3510-DS-P