[Federal Register Volume 65, Number 73 (Friday, April 14, 2000)]
[Notices]
[Pages 20135-20136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9375]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-815]


Gray Portland Cement and Clinker from Japan; Amended Final 
Results Pursuant to Court Decision

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

ACTION: Amended Final Results Pursuant to Court Decision.

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SUMMARY: On April 29, 1998, the United States Court of International 
Trade (``CIT'') affirmed the determination made by the Department of 
Commerce (``the Department'') pursuant to a remand of the final results 
of the first antidumping duty administrative review of Gray Portland 
Cement and Clinker from Japan. Ad Hoc Committee of Southern California 
Producers of Gray Portland Cement v. United States, Slip Op. 98-57 
(CIT, April 29, 1998). In the remand determination, the Department (1) 
included all freight-out and insurance expenses in the computation of 
total cost when calculating profit; (2) made no deduction to fair 
market value (FMV) for pre-sale movement expenses when making purchase 
price (PP) comparisons, and counted the expenses as indirect selling 
expenses when making exporter sales price (ESP) comparisons; (3) 
adjusted U.S. price by correcting the deduction for relevant freight 
expenses; and (4) corrected the per-unit service station expenses 
included in calculating cost of production (COP). As this decision is 
now final and conclusive, we are amending the final results.

EFFECTIVE DATE: April 14, 2000.

FOR FURTHER INFORMATION CONTACT: Nithya Nagarajan, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC. 
20230; telephone: (202) 482-5253.

SUPPLEMENTARY INFORMATION:

Background

    On September 20, 1993, the Department published the final results 
of the first administrative review of the antidumping duty order on 
Gray Portland Cement and Clinker from Japan (58 FR 48826). On October 
18, 1993, the Department published its amended final results (58 FR 
53705). The review covered one manufacturer/exporter, Onoda Cement Co., 
Ltd. (``Onoda''), of the subject merchandise for the period October 31, 
1990 through April 30, 1992. The petitioner in this case, the Ad Hoc 
Committee of Southern California Producers of Gray Portland Cement, and 
Onoda subsequently appealed the Department's determination before the 
CIT on ten issues. The CIT issued a remand, at Commerce's request, with 
respect to four issues and affirmed all other issues. In particular, 
the Court remanded the case to the Department to (1) reconsider the 
treatment of freight-out and inland insurance expenses incurred for 
transportation of the subject merchandise to unrelated customers in the 
United States; (2) determine the extent to which pre-sale home market 
transportation costs should be deducted from FMV; (3) calculate the 
correct amount of freight expenses incurred for shipping to unrelated 
U.S. customers; and (4) re-open the record to obtain data and 
recalculate the per-unit amount of service station expenses to be 
included in calculating COP. The Ad Hoc Committee of Southern 
California Producers of Gray Portland Cement v. United States, 19 CIT 
1398, 914 F. Supp. 525 (1995) (``Ad Hoc I'').
    The Department filed its redetermination on February 22, 1996. The 
Department, for purposes of the remand, (1) included all freight-out 
and insurance expenses in the computation of total cost when 
calculating profit; (2) made no deduction to FMV for pre-sale movement 
expenses when making PP comparisons, and counted the expenses as 
indirect selling expenses when making ESP comparisons; (3) did not 
reduce freight-out costs before deducting them from U.S. price; and (4) 
corrected the per-unit service station expenses included in calculating 
COP. On April 29, 1998, the CIT affirmed the Department's remand 
determination. Ad Hoc Committee of Southern California Producers of 
Gray Portland Cement v. United States, Slip Op. 98-57 (CIT, April 29, 
1998). No parties have appealed this decision.
    As a result of the remand determination, the final dumping margin 
for the period October 31, 1990 through April 30, 1992 is as follows:

------------------------------------------------------------------------
                                                                Margin
                        Manufacturer                          (Percent)
------------------------------------------------------------------------
Onoda Cement Co., Ltd......................................        33.95
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    The Department will issue appraisement instructions directly to the 
U.S. Customs Service. The final remand determination of this review 
shall be the basis for the assessment of antidumping duties on entries 
of merchandise covered by the final remand determination of this 
review, except as noted below.

[[Page 20136]]

    Further, we note that the International Trade Commission (ITC), on 
remand from the CIT in Mitsubishi Materials Corp. v. United States, 820 
F. Supp. 608 (CIT 1993), determined that imports of Gray Portland 
Cement and Clinker from Japan threaten material injury to the U.S. 
industry (ITC publication 2657, aff'd, 918 F. Supp 422, 1996). 
Therefore, the Department shall instruct the U.S. Customs Service to 
terminate suspension of liquidation and refund any cash deposit and 
release any bond or other security for all remaining unliquidated 
shipments of Gray Portland Cement and Clinker from Japan, including 
those produced by Onoda, entered or withdrawn from warehouse, for 
consumption prior to May 8, 1991, the date of publication of the ITC's 
original final determination in the Federal Register.

    Dated: April 7, 2000.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-9375 Filed 4-13-00; 8:45 am]
BILLING CODE 3510-DS-P