[Federal Register Volume 68, Number 179 (Tuesday, September 16, 2003)]
[Notices]
[Pages 54203-54204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23619]


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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 May 12, 2003, 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, 
2001, through July 31, 2002.
    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: September 16, 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 May 12, 2003, 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, 68 FR 25327 (Preliminary Results).
    We invited parties to comment on the Preliminary Results. In June 
2003, 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 Jeffrey May, Deputy 
Assistant Secretary, to James J. Jochum, Assistant Secretary for Import 
Administration, dated September 9, 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 is available on 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 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, 2001, 
through July 31, 2002:

------------------------------------------------------------------------
                                                       Weighted-average
               Exporter/manufacturer                  [chyph]percentage
                                                            margin
------------------------------------------------------------------------
CEMEX/GCCC.........................................                79.81
------------------------------------------------------------------------

Assessment Rates

    The Department shall determine, and the Bureau of Customs and 
Border Protection (Customs) shall assess, antidumping duties on all 
appropriate entries. We will issue appropriate assessment instructions 
directly to Customs 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 rate. For the sales 
in the United States through the respondent's affiliated U.S. parties, 
we divided the total dumping margin for

[[Page 54204]]

the reviewed sales by the total entered value of those reviewed sales. 
We will direct Customs 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

    As discussed in the Decision Memorandum, we have determined that it 
is appropriate to require a per-unit cash-deposit amount for entries of 
subject merchandise produced or exported by CEMEX/GCCC. 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 
amount for CEMEX/GCCC will be $61.60 per metric ton; (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.
    These final results of 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: September 9, 2003.
Joseph A. Spetrini,
Acting 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. Adverse Facts Available
7. Swap Sales
8. Difference-in-Merchandise Adjustment
9. Selling Expenses
10. Cash Deposits
11. Interest Rate for Credit Expenses
12. Ministerial Errors
[FR Doc. 03-23619 Filed 9-15-03; 8:45 am]
BILLING CODE 3510-DS-S