[Federal Register Volume 68, Number 9 (Tuesday, January 14, 2003)]
[Notices]
[Pages 1816-1817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-728]


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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 10, 2002, the Department of Commerce published 
the preliminary results of 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., and its 
affiliate, GCC Cemento, S.A. de C.V. The period of review is August 1, 
2000, through July 31, 2001.
    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 ``Final Results of Review'' section of this 
notice.

EFFECTIVE DATE: January 14, 2003.

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Brian Ellman, 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) 
482-3477 or (202) 482-4852, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 10, 2002, the Department of Commerce (the Department) 
published in the Federal Register the preliminary results of the 
administrative review of the antidumping duty order on gray portland 
cement and clinker from Mexico. See Preliminary Results and Rescission 
in Part of Antidumping Duty Administrative Review: Gray Portland Cement 
and Clinker From Mexico, 67 FR 57379 (September 10, 2002) (Preliminary 
Results).
    We invited parties to comment on our Preliminary Results. In 
October 2001, we received case and rebuttal briefs from the petitioner, 
the Southern Tier Cement Committee, and from the respondents, CEMEX, 
S.A. de C.V. (CEMEX), and GCC Cemento, S.A. de C.V. (GCCC). The 
Department has conducted this administrative review in accordance with 
section 751(a) of the Tariff Act of 1930, as amended (the Act).

Scope of 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.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review, and to which we have responded, are listed 
in the Appendix to this notice and addressed in the ``Issues and 
Decision Memorandum'' (Decision Memorandum) from Susan Kuhbach, Acting 
Deputy Assistant Secretary, to Faryar Shirzad, Assistant Secretary, 
dated January 8, 2003, which is hereby adopted by this notice. The 
Decision Memorandum is on file in Import Administration's Central 
Records Unit, Room B-099 of the main Department of Commerce Building. 
In addition, a complete version of the Decision Memorandum can be 
accessed directly from the Internet at http://ia.ita.doc.gov. The paper 
copy and electronic version of the Decision Memorandum are identical in 
content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have corrected 
certain programming and clerical errors in our preliminary results, 
where applicable. These changes are discussed in the

[[Page 1817]]

relevant sections of the Decision Memorandum.

Final Results of Review

    We determine that the following weighted-average margin exists for 
the collapsed parties, CEMEX and GCCC, for the period August 1, 2000, 
through July 31, 2001:

------------------------------------------------------------------------
                                                        Weighted-average
                Exporter/manufacturer                  percentage margin
------------------------------------------------------------------------
CEMEX/GCCC...........................................              73.74
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Assessment Rates

    The Department shall determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. We will issue 
appropriate assessment instructions directly to the Customs Service 
within 15 days of publication of these final results of review. In 
accordance with 19 CFR 351.212(b), we have calculated an exporter/
importer-specific assessment value. For the sales in the United States 
through the respondent's affiliated U.S. parties, we divided the total 
dumping margin for the reviewed sales by the total entered value of 
those reviewed sales. We will direct the Customs Service to assess the 
resulting percentage margin against the entered customs values for the 
subject merchandise on each of the entries during the review period 
(see 19 CFR 351.212(a)).
    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.

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/GCCC will be 73.74 percent; 
(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 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.
    This administrative review and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.210(c).

    Dated: January 8, 2003.
Faryar Shirzad,
Assistant Secretary for Import Administration.

Appendix - Issues in the Decision Memorandum

1. Revocation
2. Sales-Below-Cost Test
3. Arm's-Length Test
4. Regional Assessment
5. Bag vs. Bulk
6. Customer Misclassification
7. Ordinary Course of Trade
8. Interest Rate for Credit Expenses
9. Cash Deposits
10. Ministerial Errors
[FR Doc. 03-728 Filed 1-13-03; 8:45 am]
BILLING CODE 3510-DS-S