[Federal Register Volume 69, Number 249 (Wednesday, December 29, 2004)]
[Notices]
[Pages 77989-77990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-3874]


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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.
SUMMARY: On June 22, 2004, 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, 
2002, through July 31, 2003.
    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: December 29, 2004.

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Jeffrey Frank, 
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) 482-0090, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 22, 2004, 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 of Antidumping 
Duty Administrative Review: Gray Portland Cement and Clinker From 
Mexico, 69 FR 34647 (Preliminary Results).
    We invited parties to comment on the Preliminary Results. On July 
22, 2004, we received case 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). On July 30, 2004, we 
received rebuttal briefs from the petitioner, CEMEX and GCCC.\1\ On 
October 22, 2004, the Department published a notice extending the date 
for issuing the final results of this review. See Gray Portland Cement 
and Clinker From Mexico: Notice of Extension of Time Limit for the 
Final Results of Antidumping Duty Administrative Review, 69 FR 62026 
(October 22, 2004).
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    \1\ Although we consider CEMEX and GCCC to be one entity for 
purposes of this antidumping duty order, because they are 
represented by separate counsel and have submitted separate case and 
rebuttal briefs, we have referred to them by their respective names 
when summarizing comments.
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    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 Order

    The products covered by this 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 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 Memo'' (Decision Memo) from Jeffrey May, Deputy Assistant 
Secretary, to James J. Jochum, Assistant Secretary for Import 
Administration, dated December 20, 2004, which is hereby adopted by 
this notice. The Decision Memo 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 Memo is 
available on the Internet at http://ia.ita.doc.gov. The paper copy and 
electronic version of the Decision Memo 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.

[[Page 77990]]

These changes are discussed in the Final Results Analysis Memorandum 
dated October 20, 2004.

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, 2002, 
through July 31, 2003:

 
------------------------------------------------------------------------
                                                       Weighted-average
               Exporter/manufacturer                  percentage margin
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CEMEX/GCCC.........................................                54.97
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Assessment Rates

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries. We will issue appropriate assessment instructions directly to 
CBP 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 the reviewed sales by the total entered value of 
those reviewed sales. We will direct CBP 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)).
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003 (68 FR 23954). This clarification will apply to entries of 
subject merchandise during the period of review produced by the company 
included in the final results of review for which the reviewed company 
did not know its merchandise was destined for the United States. In 
such instances, we will instruct CBP to liquidate unreviewed entries at 
the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction. For a full discussion of this 
clarification, see Notice of Policy Concerning Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).

Cash-Deposit Requirements

    As discussed in the Decision Memo at comment 6, we continue to 
determine 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 $32.85 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 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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    This notice also 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 the 
return or 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 are sanctionable violations.
    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.

    Dated: December 20, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.

Appendix Issues in the Decision Memorandum

1. Revocation
2. Regional Assessment
3. Sales-Below-Cost Test
4. Bag vs. Bulk
5. Swap Sales
6. Cash-Deposit Methodology
7. Ordinary Course of Trade
8. Ministerial Errors
[FR Doc. E4-3874 Filed 12-29-04; 8:45 am]
BILLING CODE 3510-DS-P