[Federal Register Volume 65, Number 51 (Wednesday, March 15, 2000)]
[Notices]
[Pages 13943-13944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6399]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-802]


Gray Portland Cement and Clinker From Mexico; Final Results of 
Antidumping Duty Administrative Review

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

ACTION: Notice of final results of antidumping duty administrative 
review.

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SUMMARY: On September 8, 1999, the Department of Commerce published the 
preliminary results of its administrative review of the antidumping 
duty order on gray portland cement and clinker from Mexico. The review 
covers one manufacturer/exporter, CEMEX, S.A. de C.V. (CEMEX), and its 
affiliate, Cementos de Chihuahua, S.A. de C.V. (CDC). The period of 
review is August 1, 1997, through July 31, 1998.
    Based on our analysis of the comments received, we have made 
changes in the margin calculations. Therefore, the final results differ 
from the preliminary results. The final weighted-average dumping margin 
is listed below in the section entitled ``Final Results of Review.''

EFFECTIVE DATE: March 15, 2000.

FOR FURTHER INFORMATION CONTACT: Davina Hashmi or George Callen, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230; telephone (202) 482-5760 and (202) 482-0180, 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 of Commerce's (the 
Department's) regulations are to 19 CFR Part 351 (1999).

Background

    On September 8, 1999, the Department published in the Federal 
Register the preliminary results of its administrative review of the 
antidumping duty order on gray portland cement and clinker from Mexico. 
Preliminary Results of Antidumping Duty Administrative Review: Gray 
Portland Cement and Clinker From Mexico, 64 FR 48778 (1999) 
(preliminary results). We invited parties to comment on our preliminary 
results of review. The Department has conducted this administrative 
review in accordance with section 751(a) of the Act.

Scope of the Review

    The products covered by this review include gray portland cement 
and clinker. 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 being ground 
into finished cement. Gray portland cement is currently classifiable 
under 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. The Department's written 
description remains dispositive as to the scope of the product 
coverage.

Verification

    Pursuant to section 782(i) of the Act, we verified information 
provided by CEMEX and CDC using standard verification procedures, 
including on-site inspection of the manufacturer's facilities and the 
examination of relevant sales and financial records, as well as the 
selection of original documentation containing relevant information. 
Our verification results are outlined in public versions of the 
verification reports, dated July 23, 1999, July 26, 1999, August 6, 
1999, and January 6, 2000, and located in the public file in Room B-099 
of the Department's main building.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by interested 
parties to this administrative review are addressed in the ``Issues and 
Decision Memorandum'' (Decision Memo) from Richard W. Moreland, Deputy 
Assistant Secretary, Import Administration, to Robert S. LaRussa, 
Assistant Secretary for Import Administration, dated March 6, 2000, 
which is hereby adopted and incorporated by reference into this notice. 
A list of the issues which parties have raised and to which we have 
responded, all of which are in the Decision Memo, is attached to this 
notice as an Appendix. 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 Memo 
are identical in content.

Duty Absorption

    We have determined that duty absorption has occurred with respect 
to CEMEX and CDC (collectively ``CEMEX'') with respect to 99.96% of 
sales which this firm made through its U.S. affiliated parties. For a 
discussion of our determination with respect to this matter, see the 
``Duty Absorption'' section of the Decision Memo, accessible in B-099 
and on the Web at www.ita.doc.gov/import__admin/records/frn/.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made certain 
changes in the margin calculations. We have also corrected certain 
programming and clerical errors in our preliminary results, where 
applicable. Any alleged programming or clerical errors with

[[Page 13944]]

which we do not agree are discussed in the relevant sections of the 
Decision Memo, accessible in B-099 and on the Web at www.ita.doc.gov/
import__admin/records/frn/.

Final Results of Review

    We determine that the following weighted-average margin exists for 
the period August 1, 1997, through July 31, 1998:

------------------------------------------------------------------------
                           Company                               Margin
------------------------------------------------------------------------
CEMEX/CDC....................................................     45.98%
------------------------------------------------------------------------

    The Department shall determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. In accordance 
with 19 CFR 351.212(b), we have calculated an exporter/importer 
assessment value. With respect to both export-price and constructed-
export-price sales, we calculated a unit duty per metric ton by 
dividing the total margins for the reviewed sales by the total entered 
quantity of those reviewed sales for each importer. For a discussion 
concerning our calculation of a unit duty per metric ton rather than an 
assessment rate, see the notice of preliminary results, dated September 
8, 1999, and the preliminary calculation memorandum, dated September 2, 
1999. We will instruct Customs to assess the resulting unit duty 
against the entered quantities of for the subject merchandise on each 
of the importer's entries made during the review period.

Cash Deposit Requirements

    The following deposit requirements shall be effective upon 
publication of this notice of final results of administrative review 
for all shipments of gray portland cement and clinker from Mexico, 
entered, or withdrawn from warehouse, for consumption on or after the 
publication date, as provided for by section 751(a)(1) of the Act: (1) 
The cash deposit rate for CEMEX/CDC will be the rate shown above; (2) 
for previously investigated or reviewed companies not listed above, the 
cash deposit rate will continue to be the company-specific rate 
published for the most recent period; (3) if the exporter is not a firm 
covered in this or any previous reviews or the original less-than-fair-
value (LTFV) investigation but the manufacturer is, the cash deposit 
rate will be the rate established for the most recent period for the 
manufacturer of the merchandise; and (4) the cash deposit rate for all 
other manufacturers or exporters will continue to be 61.85 percent, 
which was the ``all others'' rate in the LTFV investigation. See Final 
Determination of Sales at Less Than Fair Value: Gray Portland Cement 
and Clinker from Mexico, 55 FR 29244 ( July 18, 1990).
    The deposit requirements shall remain in effect until publication 
of the final results of the next administrative review.
    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305. Timely notification of return/
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and the 
terms of an APO is a sanctionable violation.
    We are issuing and publishing this determination in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: March 6, 2000.
Robert S. LaRussa,
Assistant Secretary for Import Administration.

Appendix--List of Issues

1. Revocation
2. As Invoiced vs. as Produced
3. Ordinary Course of Trade
4. Level of Trade
5. Constructed Export Price Calculation
6. Regional Assessment
7. Bag vs. Bulk
8. Difference-in-Merchandise Calculation
9. Sales-Below-Cost Test
10. Special Cement
11. Assessment-Rate Calculation
12. Adjustments
    a. Rebates
    b. Freight
    c. Advertising
    d. Early-Payment Discounts
    e. Credit Expenses
    f. Other Adjustments
13. Financing of Cash Deposits
14. Duty Absorption
15. PROMEXMA Sales
16. Contrucentro's Employee Sales
17. Further-Manufactured Sales
18. Ministerial Errors
    a. Model Matching
    b. CDC's Employee Sales
    c. U.S. Direct Selling Expenses

[FR Doc. 00-6399 Filed 3-14-00; 8:45 am]
BILLING CODE 3510-DS-P