[Federal Register Volume 65, Number 43 (Friday, March 3, 2000)]
[Notices]
[Pages 11549-11550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5213]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-815]


Gray Portland Cement and Cement Clinker from Japan; Final Results 
of Antidumping Duty Expedited Sunset Review

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 Japan.

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SUMMARY: On August 2, 1999, the Department of Commerce (``the 
Department'') published the notice of initiation of sunset review of 
the antidumping duty order on gray portland cement and cement clinker 
from Japan (64 FR 41915), pursuant to section 751(c) of the Tariff Act 
of 1930, as amended (``the Act''). The merchandise covered by this 
order is gray cement, which is hydraulic cement and the primary 
component of concrete, and cement clinker, which is an intermediate 
material produced when manufacturing cement and has no use other than 
grinding into finished cement. 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, we determined to conduct 
an expedited sunset review. Based on our analysis of the comments 
received, we find that revocation of the antidumping duty order would 
be likely to lead to continuation or recurrence of dumping at the 
levels listed below in the section entitled Final Results of the 
Review.

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.

[[Page 11550]]


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 published the notice of 
initiation of sunset review of the antidumping duty order on gray 
portland cement and cement clinker from Japan (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, we 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., an order in effect on January 1, 
1995). This review concerns a transition order within the meaning of 
section 751(c)(6)(C)(ii) of the Act. Therefore, on December 3, 1999, 
the Department determined that the sunset review of the antidumping 
duty order on gray portland cement and cement clinker from Japan 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 order are gray portland cement and 
cement clinker (``portland cement'') from Japan. 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. Microfine cement 
was specifically excluded from the antidumping duty order. 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 Department made two scope rulings regarding the subject 
merchandise.\2\
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    \2\ See Scope Rulings, 57 FR 19602 (May 7, 1992), classes G and 
H of oil well cement are within the scope of the order; and Scope 
Rulings, 58 FR 27542 (May 10, 1993), nittetsu super fine cements is 
not within the scope of the order.
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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 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 Japan. The paper copy and electronic version of 
the Decision Memo are identical in content.

Final Results of Review

    We 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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Nihon......................................................        69.89
Onoda......................................................        70.52
All others.................................................        70.23
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    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 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. 00-5213 Filed 3-2-00; 8:45 am]
BILLING CODE 3510-DS-P