[Federal Register Volume 66, Number 196 (Wednesday, October 10, 2001)]
[Notices]
[Pages 51685-51686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25340]


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INTERNATIONAL TRADE COMMISSION


Request for Comments Concerning the Institution of a Section 
751(b) Review Investigation; Gray Portland Cement and Cement Clinker 
From Mexico

AGENCY: United States International Trade Commission.

ACTION: Request for comments regarding the institution of a section 
751(b) review investigation concerning the Commission's affirmative 
determination in investigation No. 731-TA-451 (Final), Gray Portland 
Cement and Cement Clinker from Mexico.

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SUMMARY: The Commission invites comments from the public on whether 
changed circumstances exist sufficient to warrant the institution of an 
investigation pursuant to section 751(b) of the Tariff Act of 1930 (19 
U.S.C. 1675(b)) (the Act) to review the Commission's affirmative 
determination in investigation No. 731-TA-451 (Final). The purpose of 
the proposed review investigation is to determine whether revocation of 
the existing antidumping duty order on imports of gray portland cement 
and cement clinker from Mexico is likely to lead to continuation or 
recurrence of material injury (19 U.S.C. 1675(b)(2)(A)). Gray portland 
cement and cement clinker is provided for in subheadings 2523.10.00, 
2523.29.00, and 2523.90.00 of the Harmonized Tariff Schedule of the 
United States.

EFFECTIVE DATE: October 1, 2001.

FOR FURTHER INFORMATION CONTACT: Robert Carpenter (202-205-3172), 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street SW, Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (http://www.usitc.gov). The public record for this 
matter may be viewed on the Commission's electronic docket (EDIS-ON-
LINE) at http://dockets.usitc.gov/eol/public.

SUPPLEMENTARY INFORMATION:

Background

    On July 10, 1990, the Department of Commerce determined that 
imports of gray portland cement and cement clinker from Mexico are 
being sold in the United States at less than fair value (LTFV) within 
the meaning of section 731 of the Act (19 U.S.C. 1673) (55 FR 29244, 
July 18, 1990); and on August 23, 1990, the Commission determined, 
pursuant to section 735(b)(1) of the Act (19 U.S.C. 1673d(b)(1)), that 
an industry in the United States was materially injured by reason of 
imports of such LTFV merchandise. Accordingly, Commerce ordered that 
dumping duties be imposed on such imports (55 FR 35443, August 30, 
1990). On February 28, 2000, Commerce determined that revocation of the 
antidumping duty order on gray portland cement and cement clinker from 
Mexico would be likely to lead to continuation or recurrence of dumping 
(65 FR 11549, March 3, 2000), and on October 20, 2000, the Commission 
determined that revocation of the order would be likely to lead to 
continuation or recurrence of material injury to an industry in the 
United States within a reasonably foreseeable time (65 FR 65327, 
November 1, 2000). Accordingly, Commerce ordered that the antidumping 
duty order be continued (65 FR 68979, November 15, 2000).
    On September 19, 2001, the Commission received a request to review 
its affirmative determination in investigation No. 731-TA-451 (Final) 
pursuant to section 751(b) of the Act (19 U.S.C. 1675(b)). The request 
was filed by CEMEX, S.A. de C.V., Monterrey, Mexico. CEMEX alleges that 
its acquisition of U.S. cement producer, Southdown, Inc., which was 
finalized on November 16, 2000, is a fundamental change that 
constitutes changed circumstances sufficient to warrant review of the 
continuation of the antidumping duty order. Specifically, CEMEX alleges 
that its ``interest in the Southern Tier eliminates any perceived 
incentive for CEMEX to import cement from Mexico into the Southern Tier 
in quantities or at prices that would cause material injury to all or 
almost all Southern Tier cement producers in the reasonably foreseeable 
future.''

Written Comments Requested

    Pursuant to section 207.45(b) of the Commission's Rules of Practice 
and Procedure, the Commission requests comments concerning whether the 
alleged changed circumstances, brought about by CEMEX's acquisition of 
Southdown, are sufficient to warrant institution of a review 
investigation.

Written Submissions

    Comments must be filed with the Secretary to the Commission no 
later than 30 days after the date of publication of this notice in the 
Federal Register. All written submissions must conform with the 
provisions of section 201.8 of the Commission's rules; any submissions 
that contain business proprietary information must also conform with 
the requirements of sections 201.6, 207.3, and 207.7 of the 
Commission's rules. The Commission's rules do not authorize filing of 
submissions with the Secretary by facsimile or electronic means.


[[Page 51686]]


    Authority: This notice is published pursuant to section 207.45 
of the Commission's rules.

    Issued: October 3, 2001.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-25340 Filed 10-9-01; 8:45 am]
BILLING CODE 7020-02-P