[Federal Register Volume 71, Number 11 (Wednesday, January 18, 2006)]
[Notices]
[Pages 2909-2910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-484]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-201-802)


Gray Portland Cement and Clinker from Mexico: Notice of Final 
Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On September 13, 2005, 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, 
2003, through July 31, 2004.
    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: January 18, 2006.

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Jeffrey Frank, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14\th\ Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-3477 or (202) 482-0090, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 13, 2005, 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, 70 FR 54013 (Preliminary Results).
    We invited parties to comment on the Preliminary Results. On 
October 13, 2005, we received case briefs from the petitioner, the 
Southern Tier Cement Committee, Holcim Inc., a domestic interested 
party, and from the respondents, CEMEX, S.A. de C.V. (CEMEX), and GCC 
Cemento, S.A. de C.V. (GCCC).

Scope of the 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 of the United States (HTSUS) item 
number 2523.29 and cement clinker is currently classifiable under HTSUS 
item number 2523.10. Gray portland cement has also been entered under 
HTSUS item number 2523.90 as ``other hydraulic cements.'' The HTSUS 
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 Stephen J. Claeys, Deputy 
Assistant Secretary, to David M. Spooner, Assistant Secretary for 
Import Administration, dated January 11, 2006, 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 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 ministerial errors in our preliminary results, 
where applicable. These changes are discussed in the Final Results 
Analysis Memorandum from the case analyst to the File dated January 11, 
2005.

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, 2003, 
through July 31, 2004:

------------------------------------------------------------------------
                                                       Weighted-average
                Exporter/manufacturer                  percentage margin
------------------------------------------------------------------------
CEMEX/GCCC..........................................               42.26
------------------------------------------------------------------------

Assessment Rates

    The Department shall determine, and U.S. Customs and Border 
Protection

[[Page 2910]]

(CBP) shall assess, antidumping duties on all appropriate entries. We 
will issue appropriate assessment instructions directly to CBP on or 
after the 41st day after 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(b)(1)).
    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 in response to 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 by section 
751(a)(1) of the Act: (1) the cash-deposit amount for CEMEX/GCCC will 
be $26.28 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; (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). These 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: January 11, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix Issues in the Decision Memo

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. Indirect Selling Expenses
9. Interest Revenue
[FR Doc. E6-484 Filed 1-17-06; 8:45 am]
BILLING CODE 3510-DS-S