[Federal Register Volume 71, Number 25 (Tuesday, February 7, 2006)]
[Notices]
[Pages 6268-6269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1633]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-815]


Gray Portland Cement and Clinker from Japan; Final Results of the 
Expedited Sunset Review of the Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On October 3, 2005, the Department of Commerce (the 
Department) initiated the second sunset review of the antidumping duty 
order on gray portland cement and clinker (cement) from Japan pursuant 
to section 751(c) of the Tariff Act of 1930, as amended (the Act), and 
19 CFR 351.218. On the basis of a notice of intent to participate and 
an adequate substantive response filed on behalf of domestic interested 
parties and no responses from respondent interested parties, the 
Department has conducted an expedited (120-day) sunset review. See 
section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As 
a result of the sunset review, the Department finds that revocation of 
the antidumping duty order would be likely to lead to continuation or 
recurrence of dumping at the levels listed in the ``Final Results of 
Review'' section below.

EFFECTIVE DATE: February 7, 2006.

FOR FURTHER INFORMATION CONTACT: Zev Primor or Jeffrey Frank, AD/CVD 
Operations, Office 5, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street & Constitution 
Avenue, NW., Washington, DC 20230; telephone: (202) 482-4114 or (202) 
482-0090.

SUPPLEMENTARY INFORMATION:

Background:

    On October 3, 2005, the Department initiated the second sunset 
review of the antidumping duty order on cement from Japan pursuant to 
section 751(c) of the Act. See Initiation of Five-Year (``Sunset'') 
Reviews, 70 FR 57560 (October 3, 2005). The Department received a 
notice of intent to participate from the Committee for Fairly Traded 
Japanese Cement, the International Brotherhood of Boilermakers, Iron 
Ship Builders, Blacksmiths, Forgers & Helpers, the United Steel, Paper 
& Forestry, Rubber, Manufacturing, Energy, Allied Industrial and 
Service Workers International Union, and the Local Lodge 93 of the 
International Association of Machinists and Aerospace Workers 
(collectively, the domestic interested parties) within the deadline 
specified in 19 CFR 351.218(d)(1)(i) pertaining to sunset reviews. The 
domestic interested parties claimed interested-party status under 
section 771(9)(C) of the Act as a manufacturer, producer, or wholesaler 
in the United States of a domestic like product, under section 
771(9)(D) of the Act as a certified union or recognized union or group 
of workers which is representative of an industry engaged in the 
manufacture, production, or wholesale in the United States of a 
domestic like product, and under section 771(9)(E) of the Act as a 
trade or business association, a majority of whose members manufacture, 
produce, or wholesale a domestic like product in the United States. We 
received a complete substantive response from the domestic interested 
parties within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i). We received no responses from the respondent 
interested parties. As a result, pursuant to section 751(c)(3)(B) of 
the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department has 
conducted an expedited (120-day) sunset review of the order.

Scope of the Order:

    The products covered by this order are cement and cement clinker 
from Japan. Cement is a hydraulic cement and the primary component of 
concrete. Cement clinker, an intermediate material produced when 
manufacturing cement, has no use other than grinding into finished 
cement. Microfine cement was specifically excluded from the antidumping 
duty order. Cement is currently classifiable under the Harmonized 
Tariff Schedule (HTS) item number 2523.29, and cement clinker is 
currently classifiable under HTS item number 2523.10. Cement has also 
been entered under HTS item number 2523.90 as ``other hydraulic 
cements.'' The Department made two scope rulings regarding subject 
merchandise. See Scope Rulings, 57 FR 19602 (May 7, 1992), classes G 
and H of oil well cement are within the scope of the order, and Scope 
Rulings, 58 FR 27542 (May 10, 1993), ``Nittetsu Super Fine'' cement is 
not within the scope of the order. The order remains in effect for all 
manufacturers, producers, and exporters of cement from Japan.
    The HTS item numbers are provided for convenience and customs 
purposes. The written product description remains dispositive as to the 
scope of the product coverage.

Analysis of Comments Received:

    All issues raised in this review are addressed in the Issues and 
Decision Memorandum from Stephen J. Claeys, Deputy Assistant Secretary 
for Import Administration, to David M. Spooner, Assistant Secretary for 
Import Administration, dated January 31, 2006, which is hereby adopted 
by this notice. The issues discussed in the Issues and Decision 
Memorandum include the likelihood of continuation or recurrence of 
dumping and the magnitude of the margins likely to prevail if the order 
is revoked. Parties can find a complete discussion of all issues raised 
in this review and the corresponding recommendations in this public 
memorandum which is on file in room B-099 of the main Commerce 
building.
    In addition, a complete version of the Issues and Decision 
Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper copy and electronic version of the Issues 
and Decision Memorandum are identical in content.

[[Page 6269]]

Final Results of Review:

    We determine that revocation of the antidumping duty order on 
cement and cement clinker from Japan would be likely to lead to 
continuation or recurrence of dumping at the following weighted-average 
percentage margins:

------------------------------------------------------------------------
                                                       Weighted-Average
          Manufacturers/Exporters/Producers            Margin (percent)
------------------------------------------------------------------------
Onoda Cement Company, Ltd...........................               70.52
Nihon Cement Company, Ltd...........................               69.89
All Other Manufacturers/Producers/Exporters.........               70.23
------------------------------------------------------------------------

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction 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 orders is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.
    We are issuing and publishing these results and notice in 
accordance with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: January 30, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E6-1633 Filed 2-6-06; 8:45 am]
BILLING CODE 3510-DS-S