[Federal Register Volume 65, Number 189 (Thursday, September 28, 2000)]
[Notices]
[Pages 58262-58263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24955]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-802]


Gray Portland Cement and Clinker From Mexico: Final Results of 
Changed-Circumstances Antidumping Duty Administrative Review

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

ACTION: Final Results of Changed-Circumstances Antidumping Duty 
Administrative Review.

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SUMMARY: On August 17, 2000, the Department of Commerce published the 
notice of preliminary results of its changed-circumstances review 
concerning its examination of whether GCC Cemento, S.A. de C.V., is the 
successor-in-interest to Cementos de Chihuahua, S.A. de C.V., for 
purposes of determining antidumping liability. We have now completed 
that review and determine that GCC Cemento, S.A. de C.V., is the 
successor-in-interest to Cementos de Chihuahua, S.A. de C.V., for 
antidumping duty law purposes and, as such, receives the antidumping 
duty cash deposit rate previously assigned to Cementos de Chihuahua, 
S.A. de C.V., of 48.95 percent ad valorem.

EFFECTIVE DATE: September 28, 2000.

FOR FURTHER INFORMATION CONTACT: Minoo Hatten or Robin Gray, Office of 
AD/CVD Enforcement 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., Washington, D.C. 20230; telephone (202) 482-
1690 or (202) 482-4023, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 24, 1999, Cementos de Chihuahua, S.A. de C.V. (CDC), 
requested that the Department of Commerce (the Department) conduct an 
expedited changed-circumstances review pursuant to section 751(b)(1) of 
the Tariff Act of 1930, as amended (the Act). In that letter, CDC 
stated that, effective December 1, 1999, GCC Cemento, S.A. de C.V. 
(GCCC), a newly created company, would be the successor in interest to 
CDC due to a corporate reorganization. CDC also stated that it would 
become a holding company and the parent of GCCC and its subsidiary 
companies. On December 13, 1999, the petitioner, the Southern Tier 
Cement Committee, opposed CDC's request that the Department initiate an 
expedited changed-circumstances review. Since the Department had very 
little information on the record concerning this corporate 
reorganization, the Department concluded that it would be inappropriate 
to conduct an expedited changed-circumstances review and issue a 
preliminary determination concurrent with the initiation of a changed-
circumstance review. Thus, the Department published only a notice of 
initiation. See Gray Portland Cement and Clinker From Mexico: Notice of 
Initiation of Antidumping Duty Changed-Circumstances Review, 65 FR 1592 
(January 11, 2000). On January 20, 2000, the Department sent a 
questionnaire to GCCC requesting additional information. On February 9, 
2000, the Department received GCCC's response to the questionnaire. On 
April 6, 2000, the Department sent a supplemental questionnaire to 
GCCC. GCCC responded on April 27, 2000. On June 23, 2000, the 
Department conducted a verification of information pertaining to this 
changed-circumstances review at GCCC's offices in Chihuahua, Mexico.
    On August 17, 2000, the Department published in the Federal 
Register (65 FR 50180) the notice of preliminary results of changed-
circumstances antidumping duty administrative review of the antidumping 
duty order on gray portland cement and clinker from Mexico. We now have 
completed this changed-circumstances review in accordance with section 
751(b) of the Act.

The Applicable Statute

    Unless otherwise indicated, all citations to the statute 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's regulations are to 19 CFR Part 351 (1999).

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 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 item number 
2523.10. Gray portland cement has also been entered under item number 
2523.90 as ``other hydraulic cements.''
    The HTS subheadings are provided for convenience and customs 
purposes only. Our written description remains dispositive as to the 
scope of the product coverage.

Successorship

    According to CDC's November 24, 1999, letter, effective December 1, 
1999, GCCC, a newly created company, would become the successor in 
interest to CDC due to a corporate reorganization. CDC requested that 
the Department make a determination that GCCC should receive the same 
antidumping duty treatment as the former CDC with respect to gray 
portland cement and clinker from Mexico.
    The Department examined the following factors: (1) Management; (2) 
production facilities; (3) supplier relationships; (4) customer base. 
As a result of its examination, the Department has determined that the 
resulting operation of GCCC is the same as that of its predecessor, 
CDC, and thus the Department has determined that GCCC is the successor-
in-interest to CDC for purposes of determining antidumping duty 
liability. For a complete discussion of the basis for this decision, 
see Gray Portland Cement and Clinker from Mexico: Preliminary Results 
of Changed Circumstances

[[Page 58263]]

Antidumping Duty Administrative Review, 65 FR 50180 (August 17, 2000).

Comments

    Although we gave interested parties an opportunity to comment on 
the preliminary results, none were submitted.

Final Results of Changed-Circumstances Review

    We determine that GCCC is the successor-in-interest to CDC and, 
accordingly, GCCC will receive the same antidumping duty treatment as 
the former CDC. Based on the most recently completed review, the cash-
deposit rate for entries of subject merchandise from GCCC will be 45.98 
percent (see Gray Portland Cement and Clinker From Mexico: Final 
Results of Antidumping Duty Administrative Review, 65 FR 13943 (March 
15, 2000)). We will instruct the U.S. Customs Service accordingly.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(b)(1) and 777(i)(1) of the Act and section 
351.216 of the Department's regulations.

    Dated: September 20, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-24955 Filed 9-27-00; 8:45 am]
BILLING CODE 3510-DS-P