[Federal Register Volume 65, Number 128 (Monday, July 3, 2000)]
[Notices]
[Pages 41049-41050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16792]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-802]


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

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

ACTION: Notice of final results of full sunset review: gray portland 
cement and cement clinker from Mexico.

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SUMMARY: On February 28, 2000, the Department of Commerce (``the 
Department'') published a notice of preliminary results of the full 
sunset review of the antidumping duty order on gray portland cement and 
cement clinker from Mexico (65 FR 10468) pursuant to section 751(c) of 
the Tariff Act of 1930, as amended (``the Act''). We provided 
interested parties an opportunity to comment on our preliminary 
results. We received comments from both domestic and respondent 
interested parties. As a result of this review, the Department finds 
that revocation of this order would be likely to lead to continuation 
or recurrence of dumping.

EFFECTIVE DATE: July 3, 2000.

FOR FURTHER INFORMATION CONTACT: Eun W. Cho or Carole Showers, 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) 482-3217, respectively.

[[Page 41050]]

Statute and Regulations

    This review was conducted pursuant to sections 751(c) and 752 of 
the Act. The Department's procedures for the conduct of sunset reviews 
are set forth in Procedures for Conducting Five-year (``Sunset'') 
Reviews of Antidumping and Countervailing Duty Orders, 63 FR 13516 
(March 20, 1998) (``Sunset Regulations''), and in 19 CFR part 351 
(1999) in general. Guidance on methodological or analytical issues 
relevant to the Department's conduct of sunset reviews is set forth in 
the Department's 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 February 28, 2000, the Department published in the Federal 
Register a notice of preliminary results of the full sunset review of 
the antidumping duty order on gray portland cement and cement clinker 
from Mexico pursuant to the Act. In our preliminary results, we 
determined that revocation of the order would be likely to lead to 
continuation or recurrence of dumping. In addition, we preliminarily 
determined that the following margins are likely to prevail for 
respective manufactures/exporters if the order were revoked: CEMEX, 
S.A. (``CEMEX'') `` 95.44 percent; Apasco, S.A. de C.V. (``Apasco'') `` 
53.26 percent; Cementos Hidalgo, S.C.L. `` 3.69 percent; and all others 
`` 59.91 percent.
    Subsequent to the issuance of our preliminary results, on March 15, 
2000, the Department issued the final results of the administrative 
review covering the period from August 1, 1997, through July 31, 1998 
(65 FR 13943). Information included in the latest final results of the 
administrative review is reflected in our final determination.
    On April 10, 2000, we received case briefs from both domestic and 
respondent interested parties within the deadline specified in 19 CFR 
351.309(c)(1)(i). We also received rebuttal comments from both parties 
on April 18, 2000, within the deadline specified in 19 CFR 351.309(d). 
\1\
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    \1\ On April 13, 2000, the domestic interested parties requested 
an extension of the deadline for filing rebuttal comments to the 
case briefs. The Department extended the deadline until April 18, 
2000, for all participants eligible to file rebuttal comments.
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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. The HTS 
subheadings are provided for convenience and customs purposes only. Our 
written description of the scope of the proceeding is dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs 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 Troy H. Cribb, Acting Assistant 
Secretary for Import Administration, dated June 27, 2000, which is 
hereby adopted by this notice. The issues discussed in the 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 the Central Records Unit, room B-099, of 
the main Commerce Building.
    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/. 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 on 
portland cement from Mexico 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/GCCC/Hidalgo.........................................        91.94
Apasco.....................................................        53.26
All others.................................................        59.91
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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 of the 
Department's regulations. Timely notification of the return or 
destruction of APO materials 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.
    This five-year (``sunset'') review and notice are in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: June 27, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-16792 Filed 6-30-00; 8:45 am]
BILLING CODE 3510-DS-P