[Federal Register Volume 69, Number 119 (Tuesday, June 22, 2004)]
[Notices]
[Pages 34647-34652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13985]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-802]


Preliminary Results of Antidumping Duty Administrative Review: 
Gray Portland Cement and Clinker From Mexico

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

ACTION: Notice of preliminary results of antidumping duty 
administrative review.

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SUMMARY: In response to requests from interested parties, the 
Department of Commerce is conducting an administrative review of the 
antidumping duty order on gray portland cement and clinker from Mexico. 
The review covers exports of subject merchandise to the United States 
during the period August 1, 2002, through July 31, 2003, and one firm, 
CEMEX, S.A. de C.V., and its affiliate, GCC Cemento, S.A. de C.V. We 
have preliminarily determined that sales were made below normal value 
during the period of review.
    We invite interested parties to comment on these preliminary 
results. Parties who submit arguments in this proceeding are requested 
to submit with the argument (1) a statement of the issues, and (2) a 
brief summary of the argument.

EFFECTIVE DATE: June 22, 2004.

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, NW., Washington, DC 20230; telephone (202) 482-
3477, (202) 482-4852, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 1, 2003, the Department published in the Federal Register 
the Notice of Opportunity to Request Administrative Review of 
Antidumping or Countervailing Duty Order, Finding, or Suspended 
Investigation concerning the antidumping duty order on gray portland 
cement and clinker from Mexico (68 FR 45218). In accordance with 19 CFR 
351.213, the petitioner, the Southern Tier Cement Committee (STCC), 
requested a review of CEMEX, S.A. de C.V. (CEMEX), and CEMEX's 
affiliate, GCC Cemento, S.A. de C.V. (GCCC). In addition, CEMEX and 
GCCC requested reviews of their own sales during the period of review. 
On September 30, 2003, we published in the Federal Register the Notice 
of Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, Request for Revocation in Part and Deferral of Administrative 
Review (68 FR 56262). The period of review is August 1, 2002, through 
July 31, 2003. We are conducting a review of CEMEX and GCCC pursuant to 
section 751 of the Tariff Act of 1930, as amended (the Act).

Scope of the Order

    The products subject to the antidumping duty order 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 of being ground into finished cement. Gray portland cement is 
currently classifiable under Harmonized Tariff Schedule of the United 
States (HTSUS) item number 2523.29 and cement clinker is currently 
classifiable under HTSUS item number

[[Page 34648]]

2523.10. Gray portland cement has also been entered under HTSUS item 
number 2523.90 as ``other hydraulic cements.'' Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the scope of this proceeding is dispositive.

Verification

    As provided in section 782(i) of the Act, we verified certain home-
market and U.S. sales information submitted by GCCC using standard 
verification procedures, including an examination of relevant sales and 
financial records and the selection of original documentation 
containing relevant information. The verification took place recently 
and, therefore, the report is still pending completion. We will issue 
the report shortly after the issuance of these preliminary results of 
review and interested parties can comment on the applicability of the 
verification findings to our calculations. Once issued, the public 
version of the verification report will be on file in the Central 
Records Unit (CR), Room B-099 of the main Department of Commerce 
building.

Collapsing

    Section 771(33) of the Act defines when two or more parties will be 
considered affiliated for purposes of an antidumping analysis. 
Moreover, the regulations describe when the Department will treat two 
or more affiliated producers as a single entity (i.e., ``collapse'' the 
firms) for purposes of calculating a dumping margin (see 19 CFR 
357.401(f)). In previous administrative reviews of this order, we 
analyzed the record evidence and collapsed CEMEX and GCCC in accordance 
with the regulations.\1\
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    \1\ See, e.g., Preliminary Results and Rescission in Part of 
Antidumping Duty Administrative Review: Gray Portland Cement and 
Clinker From Mexico, 68 FR 25327, 25328 (May 12, 2003). No changes 
were made in the final results of review (see Gray Portland Cement 
and Clinker From Mexico: Final Results of Antidumping Duty Review, 
68 FR 54203 (September 16, 2003)).
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    The regulations state that we will treat two or more affiliated 
producers as a single entity where those producers have production 
facilities for similar or identical products that would not require 
substantial retooling of either facility in order to restructure 
manufacturing priorities and we conclude that there is a significant 
potential for the manipulation of price or production. In identifying a 
significant potential for the manipulation of price or production, the 
factors we may consider include the following: (i) The level of common 
ownership; (ii) the extent to which managerial employees or board 
members of one firm sit on the board of directors of an affiliated 
firm; (iii) whether operations are intertwined, such as through the 
sharing of sales information, involvement in production and pricing 
decisions, the sharing of facilities or employees, or significant 
transactions between the affiliated producers. See 19 CFR 351.401(f).
    Having reviewed the current record, we find that the factual 
information underlying our decision to collapse these two entities has 
not changed from previous administrative reviews. CEMEX's indirect 
ownership of GCCC exceeds five percent; therefore, these two companies 
are affiliated pursuant to section 771(33)(E) of the Act. In addition, 
both CEMEX and GCCC satisfy the criteria for treatment of affiliated 
parties as a single entity described at 19 CFR 351.401(f)(1); both 
producers have production facilities for similar and identical products 
such that substantial retooling of their production facilities would 
not be necessary to restructure manufacturing priorities. Consequently, 
any minor retooling required could be accomplished swiftly and with 
relative ease.
    We also find that a significant potential for manipulation of 
prices and production exists as outlined under 19 CFR 351.401(f)(2). 
CEMEX owns indirectly a substantial percentage of GCCC. Also, CEMEX's 
managers or directors sit on the board of directors of GCCC and its 
affiliated companies. Accordingly, CEMEX's percentage ownership of GCCC 
and the interlocking boards of directors give rise to a significant 
potential for affecting GCCC's pricing and production decisions. See 
Memorandum from International Trade Compliance Analyst to File 
entitled, ``Collapsing CEMEX, S.A. de C.V. and GCC Cemento, S.A. de 
C.V. for the Current Administrative Review,'' dated January 8, 2004. 
Therefore, we have collapsed CEMEX and GCCC into one entity and 
calculated a single weighted-average margin using the information the 
firms provided in this review.

Constructed Export Price

    Both CEMEX and GCCC reported constructed export price (CEP) sales. 
We calculated CEP based on delivered prices to unaffiliated customers 
in accordance with section 772(b) of the Act. Where appropriate, we 
made adjustments to the starting price for discounts, rebates, and 
billing adjustments. In accordance with section 772(d) of the Act and 
19 CFR 351.402(b), we deducted those expenses, including inventory 
carrying costs, that were associated with commercial activities in the 
United States and related to the sale to an unaffiliated purchaser. We 
also made deductions for foreign brokerage and handling, foreign inland 
freight, U.S. inland freight and insurance, U.S. warehousing expenses, 
U.S. brokerage and handling, and U.S. duties, pursuant to section 
772(c)(2)(A) of the Act. Finally, we made an adjustment for CEP profit, 
in accordance with section 772(d)(3) of the Act. No other adjustments 
to CEP were claimed or allowed.
    With respect to subject merchandise to which value was added in the 
United States prior to sale to unaffiliated U.S. customers (i.e., 
cement that was imported and further-processed into finished concrete 
by U.S. affiliates of foreign exporters), we preliminarily determine 
that the special rule under section 772(e) of the Act for merchandise 
with value added after importation is applicable.
    Section 772(e) of the Act provides that, where the subject 
merchandise is imported by a person affiliated with the exporter or 
producer and the value added in the United States by the affiliated 
person is likely to exceed substantially the value of the subject 
merchandise, we will determine the CEP for such merchandise using the 
price of identical or other subject merchandise if there is a 
sufficient quantity of sales to provide a reasonable basis for 
comparison and we determine that the use of such sales is appropriate. 
The regulations at 19 CFR 351.402(c)(2) provide that normally we will 
determine that the value added in the United States by the affiliated 
person is likely to exceed substantially the value of the subject 
merchandise if we estimate the value added to be at least 65 percent of 
the price charged to the first unaffiliated purchaser for the 
merchandise as sold in the United States. Normally we will estimate the 
value added based on the difference between the price charged to the 
first unaffiliated purchaser for the merchandise as sold in the United 
States and the price paid for the subject merchandise by the affiliated 
person. We will base this determination normally on averages of the 
prices and the value added to the subject merchandise. If there is not 
a sufficient quantity of such sales or if we determine that using the 
price of identical or other subject merchandise is not appropriate, we 
may use any other reasonable basis to determine the CEP. See section 
772(e) of the Act.

[[Page 34649]]

    During the course of this administrative review, the respondent 
submitted information which allowed us to determine whether, in 
accordance with section 772(e) of the Act, the value added in the 
United States by its U.S. affiliates is likely to exceed substantially 
the value of the subject merchandise. To determine whether the value 
added is likely to exceed substantially the value of the subject 
merchandise, we estimated the value added based on the difference 
between the averages of the prices charged to the first unaffiliated 
purchaser for the merchandise as sold in the United States and the 
averages of the prices paid for subject merchandise by the affiliate. 
Based on this analysis, we estimate that the value added was at least 
65 percent of the price the respondent charged to the first 
unaffiliated purchaser for the merchandise as sold in the United 
States. Therefore, we preliminarily determine that the value added is 
likely to exceed substantially the value of the subject merchandise. 
Also, the record indicates that there is a sufficient quantity of 
subject merchandise to provide a reasonable and appropriate basis for 
comparison. Accordingly, for purposes of determining dumping margins 
for the further-manufactured sales, we have applied the preliminary 
weighted-average margin reflecting the rate calculated for sales of 
identical or other subject merchandise sold to unaffiliated purchasers.

Normal Value

A. Comparisons

    In order to determine whether there was a sufficient volume of 
sales in the home market to serve as a viable basis for calculating 
normal value, we compared the respondent's volume of home-market sales 
of the foreign like product to the volume of U.S. sales of the subject 
merchandise in accordance with section 773(a)(1)(C) of the Act. Since 
the respondent's aggregate volume of home-market sales of the foreign 
like product was greater than five percent of its aggregate volume of 
U.S. sales for the subject merchandise, we determined that the home 
market was viable. Therefore, we have based normal value on home-market 
sales.
    During the period of review, the respondent sold Type II LA and 
Type V LA cement in the United States. The statute expresses a 
preference for matching U.S. sales to identical merchandise in the home 
market. The respondent sold cement produced as CPC 30 R, CPC 40, CPO 
20, CPO 40, and CPO30R BRA cement in the home market. We have attempted 
to match the subject merchandise to identical merchandise sold in the 
home market. In situations where identical product types cannot be 
matched, we have attempted to match the subject merchandise to sales of 
similar merchandise in the home market. See sections 773(a)(1)(B) and 
771(16) of the Act.
    We were able to find home-market sales of identical and similar 
merchandise to which we could match sales of Type II LA and Type V LA 
cement sold in the U.S. market. In the two most recent administrative 
reviews of this proceeding, we determined that CPO 40 cement produced 
and sold in the home market is the identical match to Type V LA cement 
sold in the United States. See, e.g., Gray Portland Cement and Clinker 
From Mexico; Final Results of Antidumping Duty Administrative Review, 
67 FR 12518 (March 19, 2002), and the accompanying Issues and Decision 
Memorandum at Comment 7. We have reviewed the information on the record 
and have determined that CPO 40 cement produced and sold in the home 
market is the identical match to Type V LA cement sold in the United 
States during this review period.
    If we could not find an identical match to the cement types sold in 
the United States in the same month in which the U.S. sale was made or 
during the contemporaneous period, we based normal value on similar 
merchandise. During the period of review, GCCC had sales of Type II LA 
cement in the United States and asserted that the merchandise it sells 
in the home market as CPO30R BRA cement is identical. We have reviewed 
the information on the record of this review and, based on our 
analysis, we have determined that GCCC's sales of CPO30R BRA cement in 
the home market were made outside the ordinary course of trade. See 
``Ordinary Course of Trade'' section below.
    In the 2000/2001 administrative review of this proceeding, we 
determined that the chemical and physical characteristics of type CPO 
40 cement produced and sold in Mexico are most similar to Type II LA 
cement sold in the United States. We have reviewed the information on 
the record and have determined that it is appropriate to match sales of 
CPO 40 cement produced and sold in Mexico to all sales of Type II LA 
sold in the United States.
    Further, in accordance with section 771(16)(B) of the Act, we find 
that both bulk and bagged cement are produced in the same country and 
by the same producer as the types sold in the United States, both bulk 
and bagged cement are like the types sold in the United States in 
component materials and in the purposes for which used, and both bulk 
and bagged cement are approximately equal in commercial value to the 
types sold in the United States. The questionnaire responses submitted 
by the respondent indicate that, with the exception of packaging, sales 
of cement in bulk and sales of cement in bags are physically identical 
and both are used in the production of concrete. Also, since there is 
no difference in the cost of production between cement sold in bulk or 
in bagged form, both are approximately equal in commercial value. See 
CEMEX's and GCCC's responses to the Department's original and 
supplemental questionnaires. Therefore, we find that matching the U.S. 
merchandise which is sold in both bulk and bag to the foreign like 
product sold in bulk is appropriate.

B. Ordinary Course of Trade

    Section 773(a)(1)(B) of the Act requires the Department to base 
normal value on ``the price at which the foreign like product is first 
sold (or in the absence of a sale, offered for sale) for consumption in 
the exporting country, in the usual commercial quantities and in the 
ordinary course of trade.'' Ordinary course of trade is defined as 
``the conditions and practices which, for a reasonable time prior to 
the exportation of the subject merchandise, have been normal in the 
trade under consideration with respect to merchandise of the same class 
or kind.'' See section 771(15) of the Act.
    In the instant review, we analyzed home-market sales of cement 
produced as CPO30R BRA cement. Pursuant to section 773(a)(1)(B) of the 
Act, we based our examination on the totality of circumstances 
surrounding the respondent's sales in Mexico that are produced as 
CPO30R BRA cement and we find that the respondent's home-market sales 
of CPO30R BRA cement made during the instant review period are outside 
the ordinary course of trade. See memorandum from Laurie Parkhill to 
Jeffrey May, entitled ``Ordinary Course of Trade Memorandum for the 
Preliminary Results of the 2002/2003 Administrative Review of the 
Antidumping Duty Order on Gray Portland Cement and Clinker from 
Mexico,'' dated June 14, 2004.
    Consequently, we have disregarded the respondent's sales of CPO30R 
BRA cement in Mexico and, as in previous reviews, matched sales of CPO 
40 cement produced and sold in Mexico to sales of Type II LA sold in 
the United States. See ``Comparisons'' section above.

[[Page 34650]]

C. Arm's-Length Sales

    To test whether sales to affiliated customers were made at arm's 
length, we compared the prices of sales to affiliated and unaffiliated 
customers, net of all movement charges, direct selling expenses, 
discounts, and packing. Where the price to the affiliated party was, on 
average, within a range of 98 to 102 percent of the price of the same 
or comparable merchandise to the unaffiliated parties, we determined 
that the sales made to the affiliated party were at arm's length. See 
Modification Concerning Affiliated Party Sales in the Comparison 
Market, 67 FR 69186 (November 15, 2002). Consistent with 19 CFR 
351.403, we only included in our margin analysis those sales to 
affiliated parties that were made at arm's length.

D. Cost of Production

    The petitioner alleged on December 10, 2003, that the respondent 
sold gray portland cement and clinker in the home market at prices 
below the cost of production (COP). Upon examining the allegation, we 
determined that the petitioner had provided a reasonable basis to 
believe or suspect that CEMEX was selling cement in Mexico at prices 
below the COP. Therefore, pursuant to section 773(b)(1) of the Act, we 
initiated a COP investigation to determine whether the respondent made 
home-market sales of cement during the period of review at below-cost 
prices. See the memorandum from Mark Ross to Laurie Parkhill entitled 
``Gray Portland Cement and Clinker from Mexico: Request to Initiate 
Cost Investigation in the 2002/2003 Review,'' dated February 26, 2004.
    In accordance with section 773(b)(3) of the Act, we calculated the 
COP based on the sum of the costs of materials and fabrication employed 
in producing cement, plus amounts for home-market selling, general, and 
administrative (SG&A) expenses. We used the home-market sales data and 
COP information provided by CEMEX in its questionnaire response.
    After calculating the weighted-average COP, in accordance with 
section 773(b)(3) of the Act, we tested whether CEMEX's home-market 
sales were made at prices below the COP within an extended period of 
time in substantial quantities and whether such prices permitted 
recovery of all costs within a reasonable period of time. We compared 
the COP appropriate to the home-market prices less any applicable 
direct selling expenses, movement charges, discounts and rebates, and 
indirect selling expenses.
    Pursuant to section 773(b)(2)(C) of the Act, if less than 20 
percent of the respondent's sales of a certain type were at prices less 
than the COP, we do not disregard any below-cost sales of that product 
because the below-cost sales were not made in substantial quantities 
within an extended period of time. If 20 percent or more of the 
respondent's sales of a certain type during the period of review were 
at prices less than the COP, such below-cost sales were made in 
substantial quantities within an extended period of time pursuant to 
sections 773(b)(2)(B) and (C) of the Act. Based on comparisons of home-
market prices to the appropriate weighted-average COP for the period of 
review, we determined that below-cost sales were not made in 
substantial quantities within an extended period of time, and, 
therefore, we did not disregard any below-cost sales.

E. Adjustments to Normal Value

    Where appropriate, we adjusted home-market prices for discounts, 
rebates, packing, handling revenue, interest revenue, and billing 
adjustments to the invoice price. In addition, we adjusted the starting 
price for inland freight, inland insurance, and warehousing expenses. 
We also deducted home-market direct selling expenses from the home-
market price and home-market indirect selling expenses as a CEP-offset 
adjustment (see Level of Trade/CEP Offset section below). In addition, 
in accordance with section 773(a)(6) of the Act, we deducted home-
market packing costs and added U.S. packing costs.
    Section 773(a)(6)(C)(ii) of the Act directs us to make an 
adjustment to normal value to account for differences in the physical 
characteristics of merchandise where similar products are compared. The 
regulations at 19 CFR 351.411(b) direct us to consider differences in 
variable costs associated with the physical differences in the 
merchandise. Where we matched U.S. sales of subject merchandise to 
similar models in the home market, we adjusted for differences in 
merchandise.

F. Level of Trade/CEP Offset

    In accordance with section 773(a)(1)(B) of the Act, to the extent 
practicable, we determine normal value based on sales in the home 
market at the same level of trade as the CEP. The home-market level of 
trade is that of the starting-price sales in the home market or, when 
normal value is based on constructed value (CV), that of sales from 
which we derive SG&A expenses and profit. For CEP, it is the level of 
the constructed sale from the exporter to an affiliated importer after 
the deductions required under section 772(d) of the Act (the CEP 
level).
    To determine whether home-market sales are at a different level of 
trade than CEP level, we examine stages in the marketing process and 
selling functions along the chain of distribution between the producer 
and the unaffiliated customer. If the comparison-market sales are at a 
different level of trade and the difference affects price 
comparability, as manifested in a pattern of consistent price 
differences between the sales on which normal value is based and 
comparison-market sales at the level of trade of the export 
transaction, we make a level-of-trade adjustment under section 
773(a)(7)(A) of the Act. Finally, for CEP sales, if the normal value 
level is more remote from the factory than the CEP level and there is 
no basis for determining whether the difference in the levels between 
normal value and CEP level affects price comparability, we adjust 
normal value under section 773(a)(7)(B) of the Act (the CEP-offset 
provision). See Final Determination of Sales at Less Than Fair Value: 
Certain Cut-to-Length Carbon Steel Plate from South Africa, 62 FR 
61731, 61732-33 (November 19, 1997).
    With respect to U.S. sales (respondent reported CEP sales in the 
U.S. market), we conclude that CEMEX's and GCCC's sales constituted one 
level of trade. We based our conclusion on our analysis of each 
company's reported selling functions and sales channels after making 
deductions for selling expenses under section 772(d) of the Act. We 
found that, with some minor exceptions, CEMEX and GCCC performed the 
same selling functions to varying degrees in similar channels of 
distribution. We also concluded that the variations in the intensities 
of selling functions performed were not substantial when all selling 
expenses were considered.
    Based on our analysis of the respondent's reported selling 
functions and sales channels, we conclude that CEMEX's and GCCC's home-
market sales to various classes of customers constitute two separate 
levels of trade (the CEMEX home-market level of trade and the GCCC 
home-market level of trade). We found that CEMEX and GCCC performed 
significantly different sales functions for sales to their home-market 
customers. Specifically, we found that the two home-market levels of 
trade differed with respect to selling activities such as after-sales 
service/warranties, customer approval, sales promotion/discount 
programs, sales forecasting, personnel training/exchange, and 
procurement and sourcing services. See

[[Page 34651]]

the memorandum entitled ``Gray Portland Cement and Clinker from Mexico: 
Level-of-Trade Analysis for the 02/03 Administrative Review,'' dated 
June 14, 2004.
    Further, we compared the CEMEX home-market level of trade to the 
CEP level and found that significantly different selling functions are 
performed at each level of trade and that fewer selling functions are 
performed for the U.S. sales than for the home-market sales. For 
example, sales at the CEP level do not include activities such as 
market research, strategic and economic planning, advertising, and 
after-sales service/warranties, whereas sales in the CEMEX home-market 
level of trade include these activities. Based on this analysis, we 
concluded that the CEMEX home-market level of trade is different, is at 
a more advanced stage of distribution, and is more remote from the 
factory than the CEP level.
    Next, we compared the GCCC home-market level of trade to the CEP 
level and also found that significantly different selling functions are 
performed at these levels of trade and that fewer selling functions are 
performed for the U.S. sales than for the home-market sales. For 
example, sales at the CEP level do not include activities such as 
advertising, customer approval, sales promotion, sales forecasting, 
strategic and economic planning, personnel training/exchange, and 
procurement and sourcing services, whereas sales in the GCCC home-
market level of trade include these activities. Based on this analysis, 
we have concluded that the GCCC home-market level of trade is 
different, is at a more advanced stage of distribution, and is more 
remote from the factory than the CEP level.
    We could not match the CEP sales to sales at the same level of 
trade in the home market. In addition, we could not make a level-of-
trade adjustment because the differences in price between the CEP level 
of trade and the home-market level of trade cannot be quantified due to 
the lack of an equivalent to the CEP level in the home market. Also, 
there are no other data on the record which would allow us to make a 
level-of-trade adjustment. Thus, we made a CEP-offset adjustment to 
normal value in accordance with section 773(a)(7)(B) of the Act. In 
accordance with section 773(a)(7) of the Act, we calculated the CEP 
offset as the smaller of the indirect selling expenses on the home-
market sale or the indirect selling expenses deducted from the starting 
price in calculating CEP.

Currency Conversion

    Pursuant to section 773A(a) of the Act, we made currency 
conversions into U.S. dollars based on the exchange rates in effect on 
the dates of U.S. sales as certified by the Federal Reserve Bank.

Preliminary Results of Review

    As a result of our review, we preliminarily determine the dumping 
margin for the collapsed parties, CEMEX and GCCC, for the period August 
1, 2002, through July 31, 2003, to be 62.15 percent.
    Case briefs or other written comments in at least six copies must 
be submitted to the Assistant Secretary for Import Administration no 
later than one week after the issuance of the Department's last 
verification report in this review. The Department will notify all 
parties of the applicable briefing schedule. Pursuant to 19 CFR 
351.309(d)(2), rebuttal briefs are due no later than five days after 
the submission of case briefs. A list of authorities used, a table of 
contents, and an executive summary of issues should accompany any 
briefs submitted to the Department. Executive summaries should be 
limited to five pages total, including footnotes. In accordance with 19 
CFR 351.310, we will hold a public hearing to afford interested parties 
an opportunity to comment on arguments raised in case or rebuttal 
briefs, provided that such a hearing is requested by an interested 
party. If we receive a request for a hearing, we plan to hold the 
hearing three days after the deadline for submission of the rebuttal 
briefs at the U.S. Department of Commerce, 14th Street and Constitution 
Avenue, NW., Washington, DC 20230. Interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Import Administration, 
U.S. Department of Commerce, Room 1870, within 30 days after the date 
of publication of the preliminary results of this review in the Federal 
Register. Requests should contain the following information: (1) the 
party's name, address, and telephone number; (2) the number of 
participants; (3) a list of the issues to be discussed. Oral 
presentations will be limited to issues raised in the briefs.
    The Department will publish the final results of this 
administrative review, including the results of its analysis of issues 
raised in any case or rebuttal briefs, within 120 days of publication 
of this notice. See 19 CFR 351.213(h).

Assessment Rates

    Upon completion of this review, the Department will determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries. In accordance with 19 CFR 
351.212(b)(1), we have calculated an importer-specific assessment rate 
for merchandise subject to this review. If these preliminary results 
are adopted in the final results of review, we will direct CBP to 
assess the resulting assessment rates against the entered customs 
values for the subject merchandise on the importer's entries during the 
review period.

Cash-Deposit Requirements

    In conducting recent reviews of CEMEX/GCCC, the Department has 
observed a pattern of significant differences between the weighted-
average margins and the assessment rates it has determined for this 
respondent in those reviews. This pattern of differences suggests that 
the collection of a cash deposit for estimating antidumping duty based 
on net U.S. price may result in the undercollection of estimated 
antidumping duties at the time of entry. For the reasons discussed at 
Comment 10 of the ``Issues and Decision Memorandum for the 
Administrative Review of Gray Portland Cement and Clinker from Mexico--
August 1, 2001, through July 31, 2002,'' dated September 16, 2003, 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 will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of review, as provided by section 751(a)(1) of the Act: 
(1) The cash-deposit amount for CEMEX/GCCC will be the amount per 
metric ton determined in the final results of review; (2) for 
previously reviewed or investigated companies not mentioned 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 review, a prior review, or in 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 be 61.85 percent, the 
all-others rate from 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).

[[Page 34652]]

These deposit requirements, when imposed, shall remain in effect until 
publication of the final results of the next administrative review.

Notification to Interested Parties

    This notice also serves as a preliminary 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 period of review. 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.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: June 14, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-13985 Filed 6-21-04; 8:45 am]
BILLING CODE 3510-DS-P