[Federal Register Volume 69, Number 48 (Thursday, March 11, 2004)]
[Notices]
[Pages 11594-11595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5544]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-802]


Gray Portland Cement and Clinker From Mexico; Notice of NAFTA 
Binational Panel's Final Decision and Amended Final Results of 
Antidumping Duty Administrative Review

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

ACTION: Notice of NAFTA Binational Panel's final decision and amended 
final results of antidumping duty administrative review.

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SUMMARY: On January 22, 2004, the Binational Panel issued its final 
decision with respect to the final results of administrative review of 
the antidumping duty order on gray portland cement and clinker from 
Mexico covering the period August 1, 1996, through July 31, 1997. As 
there is now a final and conclusive decision in this case, we are 
amending the final results of review and we will instruct U.S. Customs 
and Border Protection to liquidate entries subject to this review.

EFFECTIVE DATE: March 11, 2004.

FOR FURTHER INFORMATION CONTACT: Brian Ellman 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-
4852 or (202) 482-4794, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 17, 1999, 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 (64 FR 13148) (Seventh Review Final 
Results). The Department collapsed CEMEX, S.A. de C.V.

[[Page 11595]]

(CEMEX), and GCC Cemento, S.A. de C.V. (GCCC),\1\ in the determination.
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    \1\ Cementos de Chihuahua, S.A. de C.V. (CDC), was GCCC's formal 
name during this segment of the proceeding.
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    CEMEX, GCCC, and the Southern Tier Cement Committee (the 
petitioner) contested various aspects of the Department's Seventh 
Review Final Results. On May 30, 2002, the Article 1904 Binational 
Panel (the Panel) issued an order in Gray Portland Cement and Clinker 
from Mexico; Final Results of the Seventh Antidumping Administrative 
Review, Secretariat File No. USA-MEX-99-1904-03 (May 30, 2002) (First 
Remand Order), remanding to the Department the Seventh Review Final 
Results.
    In the First Remand Order, the Panel instructed the Department to 
do the following: (1) Explain why its findings regarding the difference 
in freight costs, the relative profit levels, the number and type of 
customers, and the disparity in handling charges support the 
Department's determination that sales of Type V cement sold as Type I 
cement were outside the ordinary course of trade, (2) explain the basis 
of its decision to assess duties on merchandise destined for 
consumption outside the region, with particular reference to the 
requirements of the U.S. Constitution, (3) reconsider its decision that 
sales by CEMEX of bag and bulk cement should be classified as the same 
like product and that sales of CEMEX's bag and bulk cement were made at 
the same level of trade, (4) reconsider its decision to treat U.S. 
warehousing expenses of CEMEX and CDC as indirect selling expenses, (5) 
make the appropriate adjustment to normal value for CEMEX's home-market 
pre-sale warehousing expenses, (6) reconsider its decision to treat 
CDC's sales to unaffiliated U.S. customers as indirect export-price 
(EP) sales instead of constructed-export-price (CEP) sales in light of 
the decision of the Court of Appeals for the Federal Circuit (CAFC) in 
AK Steel Corp. v. United States, 226 F.3d 1361 (2000), (7) correct 
errors it made in its calculation of the difference-in-merchandise 
(DIFMER) adjustment and explain its DIFMER decision further, and (8) 
explain its decision further to allow CEMEX an adjustment for home-
market freight expenses. The Department responded to the First Remand 
Order in its remand redetermination in Gray Portland Cement and Clinker 
from Mexico; Final Results of the Seventh Antidumping Administrative 
Review; Final Results of Redetermination Pursuant to NAFTA Panel, 
September 27, 2002 (First Remand).
    On April 11, 2003, the Panel issued an order in Gray Portland 
Cement and Clinker from Mexico; Final Results of the Seventh 
Antidumping Administrative Review, Secretariat File No. USA-MEX-99-
1904-03 (April 11, 2003) (Second Remand Order), remanding to the 
Department its remand redetermination in the First Remand. In the 
Second Remand Order, the Panel instructed the Department to determine 
whether the U.S. sales by CDC should be compared to the home-market 
sales of Type V cement sold as Type I cement by CEMEX. The Department 
responded to the Second Remand Order in its remand redetermination in 
Gray Portland Cement and Clinker from Mexico; Final Results of the 
Seventh Antidumping Administrative Review; Final Results of 
Redetermination Pursuant to NAFTA Panel, May 27, 2003 (Second Remand).
    On September 4, 2003, the Panel issued an order in Gray Portland 
Cement and Clinker from Mexico; Final Results of the Seventh 
Antidumping Administrative Review, Secretariat File No. USA-MEX-99-
1904-03 (September 4, 2003) (Third Remand Order), remanding to the 
Department its remand redetermination in the Second Remand. In the 
Third Remand Order, the Panel instructed the Department not to use the 
adverse facts available it had applied in determining the margins on 
U.S. sales by CEMEX when calculating the importer-specific assessment 
rate for CDC. The Department responded to the Third Remand Order in its 
remand redetermination in Gray Portland Cement and Clinker from Mexico; 
Final Results of the Seventh Antidumping Administrative Review, 
Secretariat File No. USA-MEX-99-1904-03 (September 15, 2003) (Third 
Remand).
    On November 25, 2003, the Panel issued an order in Gray Portland 
Cement and Clinker from Mexico; Final Results of the Seventh 
Antidumping Administrative Review, Secretariat File No. USA-MEX-99-
1904-03 (November 25, 2003) (Fourth Remand Order), remanding to the 
Department its remand redetermination in the Third Remand. In the 
Fourth Remand Order, the Panel instructed the Department to calculate 
separate importer-specific assessment rates for CDC and CEMEX and not 
to apply adverse facts available with respect to the calculation of 
normal value for CDC. The Department responded to the Fourth Remand 
Order in its remand redetermination in Gray Portland Cement and Clinker 
from Mexico; Final Results of the Seventh Antidumping Administrative 
Review, Secretariat File No. USA-MEX-99-1904-03 (December 16, 2003) 
(Fourth Remand).
    On January 22, 2004, the Panel issued an order affirming the 
Department's Fourth Remand, and on February 2, 2004, the NAFTA 
Secretariat issued a notice of final panel action. See Gray Portland 
Cement and Clinker from Mexico; Final Results of the Seventh 
Antidumping Administrative Review, Secretariat File No. USA-MEX-99-
1904-03 (January 22, 2004, and February 2, 2004, respectively).

Amendment to Final Results

    Pursuant to section 516A(g) of the Tariff Act of 1930, as amended 
(the Act), we are now amending the final results of the administrative 
review of the antidumping duty order on gray portland cement and 
clinker from Mexico for the period August 1, 1996, through July 31, 
1997. Based on the final results of redetermination on remand, the 
weighted-average antidumping margin for CEMEX and GCCC changes from 
49.58 percent, calculated in the Seventh Review Final Results, to 37.34 
percent.
    The Department will determine and U.S. Customs and Border 
Protection will assess appropriate antidumping duties on entries of the 
subject merchandise exported by firms covered by this review. We will 
issue appropriate assessment instructions directly to CBP within 15 
days of publication of these amended final results of review.
    We are issuing and publishing this determination and notice in 
accordance with section 516A(g) of the Act.

    Dated: March 5, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-5544 Filed 3-10-04; 8:45 am]
BILLING CODE 3510-DS-P