[Federal Register Volume 68, Number 246 (Tuesday, December 23, 2003)]
[Notices]
[Pages 74208-74209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E3-00615]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-802]


Gray Portland Cement and Clinker From Mexico; Notice of 
Extraordinary Challenge Committee's Final Decision and Amended Final 
Results of Antidumping Duty Administrative Review

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

ACTION: Notice of Extraordinary Challenge Committee's final decision 
and amended final results of antidumping duty administrative review.

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SUMMARY: On October 30, 2003, the Extraordinary Challenge Committee 
issued its decision to deny the Department of Commerce's April 13, 
2000, extraordinary challenge petition with respect to a determination 
made by the Binational Panel in the final results of administrative 
review of the antidumping duty order on gray portland cement and 
clinker from Mexico covering the period August 1, 1994, through July 
31, 1995. As there is now a final and conclusive decision in this case, 
we are amending the amended final results of review and we will 
instruct U.S. Customs and Border Protection to liquidate entries 
subject to this review.

EFFECTIVE DATE: December 23, 2003.

[[Page 74209]]


FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Mark Ross, Office of 
AD/CVD Enforcement 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
3477 or (202) 482-4794, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 9, 1997, 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 (62 FR 17148) (amended May 5, 1997) \1\ 
(Fifth Review Final Results).
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    \1\ See Gray Portland Cement and Clinker from Mexico: Amended 
Final Results of Antidumping Duty Administrative Review, 62 FR 24414 
(May 5, 1997).
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    CEMEX, S.A. de C.V. (CEMEX), GCC Cemento, S.A. de C.V. (GCCC) \2\, 
and the Southern Tier Cement Committee (the petitioner) contested 
various aspects of the Department's Fifth Review Final Results. On June 
18, 1999, the Binational Panel (the Panel) issued an order remanding to 
the Department the Fifth Review Final Results. Specifically, the Panel 
instructed the Department to implement the following: (1) Exclude the 
respondents' home-market sales of bagged Type I cement from the foreign 
like product in the calculation of normal value; (2) re-examine the 
record evidence to determine whether a constructed-export-price offset 
should be granted; (3) recalculate the difference-in-merchandise 
adjustment to reflect the exclusion of home-market sales of bagged 
cement; (4) correct certain ministerial errors.
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    \2\ Cementos de Chihuahua, S.A. de C.V., was GCCC's formal name 
during this segment of the proceeding.
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    On November 15, 1999, the Department issued the final results of 
redetermination on remand, and on February 10, 2000, the Panel affirmed 
these results and dismissed the case. See Secretariat File No. USA-97-
1904-01. On April 30, 2000, the Department filed an extraordinary 
challenge petition with the Extraordinary Challenge Committee (ECC). On 
October 30, 2003, the ECC determined that the Department's petition did 
not meet the criteria required for an extraordinary challenge review 
and thus denied the Department's petition. Therefore, as there is now a 
final and conclusive ECC decision in this action, we are amending our 
amended final results of review and we will instruct U.S. Customs and 
Border Protection (Customs) to liquidate entries subject to this 
review.

Amendment to Amended Final Results

    Pursuant to section 516A(g) of the Tariff Act of 1930, as amended 
(the Act), we are now amending the amended final results of the 
administrative review of the antidumping duty order on gray portland 
cement and clinker from Mexico for the period August 1, 1994, through 
July 31, 1995. Based on the final results of redetermination on remand, 
the weighted-average antidumping margin for CEMEX and GCCC changes from 
73.69 percent to 44.89 percent.
    The Department will determine and Customs will assess appropriate 
antidumping duties on entries of the subject merchandise exported by 
firms covered by this review.
    We are issuing and publishing this determination and notice in 
accordance with section 516A(g) of the Act.

    Dated: December 17, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.
 [FR Doc. E3-00615 Filed 12-22-03; 8:45 am]
BILLING CODE 3510-DS-S