[Federal Register Volume 65, Number 43 (Friday, March 3, 2000)]
[Notices]
[Pages 11554-11555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5212]



[[Page 11554]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-307-804]


Gray Portland Cement and Cement Clinker From Venezuela; Final 
Results of Expedited Sunset Review of Suspended Countervailing Duty 
Investigation

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

ACTION: Notice of final results of expedited 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 countervailing 
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 and adequate substantive response filed on behalf of a 
domestic interested party and inadequate response (in this case, no 
response) from respondent interested parties, the Department determined 
to conduct an expedited sunset review. As a result of this review, the 
Department finds that termination of the suspended countervailing duty 
investigation would be likely to lead to continuation or recurrence of 
a countervailable subsidy.

EFFECTIVE DATE: March 3, 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 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 countervailing 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 and adequate 
substantive response filed on behalf of a domestic interested party and 
inadequate response (in this case, no response) from respondent 
interested parties, the Department determined to conduct an expedited 
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 
review of a transition order (i.e., a suspension of an investigation in 
effect on January 1, 1995). This review concerns a transition suspended 
investigation within the meaning of section 751(c)(6)(C)(i) of the Act. 
Therefore, on December 3, 1999, the Department determined that the 
sunset review of the suspended countervailing duty investigation on 
portland cement from Venezuela is extraordinarily complicated and 
extended the time limit for completion of the final results of this 
review until not later than February 28, 2000, in accordance with 
section 751(c)(5)(B) of the Act.\1\
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    \1\ See Extension of Time Limit for Final Results of Five-Year 
Reviews, 64 FR 67847 (December 3, 1999).
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Scope of Review

    The products covered by this suspended investigation are gray 
portland cement and cement clinker (``portland cement'') from 
Venezuela. Gray portland cement is a hydraulic cement and the primary 
component of concrete. Cement clinker, an intermediate material 
produced when manufacturing cement, has no use other than grinding into 
finished cement. Oil well cement is also included within the scope. 
Microfine cement was specifically excluded from the scope. 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 item number 2523.90 as other hydraulic cements.
    The HTS item numbers are provided for convenience and customs 
purposes. The written product description remains dispositive as to the 
scope of the product coverage.

Analysis of Comments Received

    All issues raised in substantive responses 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 Joseph A. Spetrini Acting Assistant 
Secretary, dated February 28, 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 countervailable subsidy and the magnitude of the net 
subsidy likely to prevail were the suspension agreement 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 Memo 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.

Final Results of Review

    We determine that termination of the suspended countervailing duty 
investigation would be likely to lead to continuation or recurrence of 
countervailable subsidy. However, we have no information whether the 
program, which gave rise to the net countervailable subsidy in the 
investigation, has been altered to effectuate any change in the net 
countervailable subsidy since the subsidy agreement. Consequently, we 
cannot determine the net countervailable subsidy likely to prevail 
under the instant review.
    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305 or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and terms of an APO is a violation which is subject to 
sanction.
    We are issuing and publishing this determination and notice in 
accordance

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with sections section 751(c), 752, and 777(i) of the Act.

    Dated: February 28, 2000.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-5212 Filed 3-2-00; 8:45 am]
BILLING CODE 3510-DS-P