[Federal Register Volume 68, Number 203 (Tuesday, October 21, 2003)]
[Notices]
[Pages 60083-60084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26531]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-201-802)


Gray Portland Cement and Clinker From Mexico; Notice of Amended 
Final Results of Antidumping Duty Administrative Review

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

ACTION: Notice of Amended Final Results of Antidumping Duty 
Administrative Review.

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SUMMARY: On September 16, 2003, the Department of Commerce published 
the final 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.
    As a result of our analysis of CEMEX's, GCCC's and the petitioner's 
comments, we are amending the final results of antidumping 
administrative review.

EFFECTIVE DATE: October 21, 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 16, 2003, the Department of Commerce (the Department) 
published in the Federal Register the final results of the 
administrative review of the antidumping duty order on gray portland 
cement and clinker from Mexico (68 FR 54203) (Final Results).
    On September 17, 2003, CEMEX, GCCC, and the petitioner filed a 
timely allegation that the Department made ministerial errors in the 
Final Results. Specifically, CEMEX and GCCC alleged that (1) the 
Department's decision to apply adverse facts available to GCCC's 
further-manufactured cement sales is a ministerial error, (2) the 
Department's conclusion that GCCC's U.S. affiliate, Rio Grande 
Materials, Inc., was the only U.S. subsidiary that further-manufactured 
cement is a ministerial error, (3) the Department made a ministerial 
error with respect to the

[[Page 60084]]

calculation of the per-unit cash-deposit rate, and (4) the Department 
made an ministerial error when it determined the duty-assessment rate 
by combining the antidumping duties due for sales by CEMEX and GCCC 
into one weighted-average rate. The petitioner alleged that the 
Department inadvertently subtracted GCCC's terminal-specific general 
and administrative expenses from the calculation of U.S. indirect 
selling expenses. On September 24, 2003, the petitioner and GCCC 
submitted rebuttal comments in reply to the ministerial-error 
allegations.
    We have reviewed the calculations in the Final Results and find 
that there are two errors that constitute ministerial errors within the 
meaning of 19 CFR 351.224(f). We found several of CEMEX's and GCCC's 
allegations to involve methodological issues rather than ministerial 
errors and therefore we have not adjusted CEMEX's/GCCC's final 
antidumping duty margin based on those allegations. For a detailed 
analysis of the ministerial-error allegations and the Department's 
position on each, see Memorandum to Jeffrey May, Deputy Assistant 
Secretary for Import Administration, from Laurie Parkhill, Office 
Director, Group 1, Office 3, dated October 14, 2003.
    Pursuant to section 751(h) of the Tariff Act of 1930, as amended 
(the Act), we have amended the Final Results by correcting the 
following errors: (1) the calculation of the per-unit cash-deposit 
amount and (2) the inclusion of GCCC's terminal-specific indirect 
selling expense in the calculation of U.S. indirect selling expenses. 
Correction of these errors changes the final antidumping duty margin 
from 79.81 percent to 80.75 percent and the per-unit cash-deposit 
amount from U.S. $61.60 per metric ton to U.S. $52.42 per metric ton. 
Consequently, we will issue amended cash-deposit instructions to the 
U.S. Customs and Border Protection (Customs) to reflect the amendment 
of the final results of review.

Assessment Rates

    The Department shall determine, and Customs shall assess, 
antidumping duties on all appropriate entries. As amended by this 
determination and 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 respondents' 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 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)).
    We are issuing and publishing this determination and notice in 
accordance with sections 751(h) and 777(i)(1) of the Act.

    Dated: October 15, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 03-26531 Filed 10-20-03; 8:45 am]
BILLING CODE 3510-DS-S