[Federal Register Volume 71, Number 67 (Friday, April 7, 2006)]
[Notices]
[Page 17829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5115]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-802]


Gray Portland Cement and Clinker from Mexico: Rescission of 
Antidumping Duty Administrative Review and Compromise of Outstanding 
Claims

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

EFFECTIVE DATE: April 3, 2006

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Minoo Hatten, AD/CVD 
Operations, Office 5, 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) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Rescission of Review

    In August 2004, the petitioner, the Southern Tier Cement Committee, 
requested a review of the antidumping duty order on gray portland 
cement and clinker from Mexico with respect to sales by CEMEX, S.A. de 
C.V. (CEMEX), and CEMEX's affiliate, GCC Cemento, S.A. de C.V. (GCCC), 
during the period August 1, 2004, through July 31, 2005. In addition, 
in August 2005, CEMEX and GCCC requested reviews of their sales for the 
same period. On September 28, 2005, the Department published in the 
Federal Register a notice of initiation of this administrative review. 
See Notice of Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, Request for Revocation in Part and Deferral of 
Administrative Review (70 FR 56631).
    On March 6, 2006, the petitioner, CEMEX, and GCCC withdrew their 
requests for review and requested that the Department rescind the 
administrative review.

Compromise of Outstanding Claims

    On March 6, 2006, the Office of the United States Trade 
Representative, the United States Department of Commerce, and 
Secretaria de Economia of the Government of Mexico entered into an 
Agreement on Trade in Cement (Agreement). Effective April 3, 2006, the 
Agreement compromises all claims to outstanding duties from August 1, 
2004, through April 2, 2006, pursuant to Section 617 of the Tariff Act 
of 1930, as amended (the Act). In accordance with the terms of the 
Agreement, all parties that requested this administrative review (i.e., 
the petitioner, CEMEX, and GCCC) have submitted letters withdrawing 
their requests for an administrative review. See Section II. 7.a. and 
Appendix 9 of the Agreement. Also, see letter from CEMEX to the 
Department dated March 6, 2006, letter from GCCC to the Department 
dated March 6, 2006, and letter from the petitioner to the Department 
dated March 6, 2006. Section 351.213(d)(1) of the Department's 
regulations states that the Department will rescind an administrative 
review if a party requesting the review withdraws the request within 90 
days of the publication of the notice of initiation. Further, 19 CFR 
351.213(d)(1) allows the Department to extend the 90-day deadline if it 
considers it reasonable to do so. These requests are past the 90-day 
time limit but we find that it is reasonable to extend the deadline. 
Therefore, we are rescinding the review of the period August 1, 2004, 
through July 31, 2005.
    In accordance with the terms of the Agreement, we will instruct 
U.S. Customs and Border Protection (CBP) to liquidate entries of cement 
produced or exported by CEMEX and GCCC which entered the United States 
during the period August 1, 2004, through July 31, 2005, at a rate of 
ten U.S. cents ($0.10) per metric ton. Further, because the Agreement 
compromises all claims through April 2, 2006, we will instruct CBP to 
liquidate entries of cement produced or exported by CEMEX and GCCC 
which entered the United States during the period August 1, 2005, 
through April 2, 2006, at a rate of ten U.S. cents ($0.10) per metric 
ton.
    This notice is in accordance with section 777(i) of the Act and 19 
CFR 351.213(d)(4).

    Dated: April 3, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E6-5115 Filed 4-6-06; 8:45 am]
BILLING CODE 3510-DS-S