[Federal Register Volume 71, Number 67 (Friday, April 7, 2006)]
[Notices]
[Page 17830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5116]



[[Page 17830]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-802]


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

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

EFFECTIVE DATE: April 3, 2006

FOR FURTHER INFORMATION CONTACT: Jeffrey Frank or Minoo Hatten, AD/CVD 
Operations, Office 5, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14\th\ Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
0090 or (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION: On August 30, 1990, the Department of 
Commerce (the Department) published the antidumping duty order on gray 
portland cement and clinker from Mexico (Mexican cement). See 
Antidumping Duty Order: Gray Portland Cement and Clinker From Mexico, 
55 FR 35443. Since the antidumping duty order was issued, CEMEX, S.A. 
de C.V. (CEMEX), GCC Cemento, S.A. de C.V. (GCCC), and the domestic 
industry, the Southern Tier Cement Committee (STCC), have challenged 
aspects of the various administrative reviews and the sunset review the 
Department has conducted of the order on Mexican cement before North 
American Free Trade Agreement (NAFTA) panels. They have also challenged 
certain International Trade Commission (ITC) determinations before 
NAFTA panels.
    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). As part of the Agreement, the 
Department and all parties involved in the outstanding litigation have 
agreed to settle many of these disputes. Pursuant to this settlement of 
litigation, each complaining party has agreed to request termination of 
each outstanding challenge before a NAFTA panel listed below.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                 Review                        Period                   NAFTA Panel                          Federal Register Notice
--------------------------------------------------------------------------------------------------------------------------------------------------------
6......................................              95/96                             USA-MEX-98-1904-02           63 FR 12764 (3/16/98); as amended by
                                         .................  .............................................                           63 FR 24528 (5/4/98)
8......................................              97/98                           USA-MEX 2000-1904-03                          65 FR 13943 (3/15/00)
9......................................              98/99                           USA-MEX-2001-1904-04           66 FR 14889 (3/14/01); as amended by
                                         .................  .............................................                          66 FR 24324 (5/14/01)
10.....................................              99/00                           USA-MEX-2002-1904-05                          67 FR 12518 (3/19/02)
11.....................................              00/01                           USA-MEX-2003-1904-01            68 FR 1816 (1/14/03); as amended by
                                         .................  .............................................                           68 FR 7346 (2/13/03)
12.....................................              01/02                           USA-MEX-2003-1904-03           68 FR 54203 (9/16/03); as amended by
                                         .................  .............................................                         68 FR 60083 (10/21/03)
13.....................................              02/03                           USA-MEX-2004-1904-03                         69 FR 77989 (12/29/04)
14.....................................              03/04                           USA-MEX-2006-1904-03                           71 FR 2909 (1/18/06)
--------------------------------------------------------------------------------------------------------------------------------------------------------

Every contested review period covered by these amended final results 
begins on August 1\st\ and ends on July 31\st\ of the following year.
    According to the Agreement and as part of the settlement of 
litigation, each complaining party requested termination of each of the 
listed challenges before a NAFTA panel. The NAFTA Secretariat has 
terminated the reviews in accordance with the parties' consent. Having 
a final and conclusive resolution of these contested administrative 
reviews, the Department is amending the final results of the contested 
reviews and will instruct U.S. Customs and Border Protection (CBP) to 
liquidate entries covered by the contested reviews. The Agreement 
stipulates that any entries of cement produced by CEMEX or GCCC will be 
assessed antidumping duties equal to $.10 per metric ton. The Agreement 
also stipulates, pursuant to the settlement of litigation covering the 
fourteenth administrative review, that the Department will instruct CBP 
to revise the cash-deposit rate effective April 3, 2006, for entries of 
Mexican cement produced or exported by CEMEX or GCCC to $3.00 per 
metric ton.

Assessment of Duties

    We are now amending the final results of these reviews of the 
antidumping duty order on Mexican cement to reflect the terms of the 
Agreement. Consequently, we determine that the per-unit amount to be 
assessed on all entries of Mexican cement produced by CEMEX or GCCC is 
$.10 per metric ton for the contested reviews.
    Accordingly, the Department will instruct CBP to assess appropriate 
antidumping duties on the affected entries of the subject merchandise 
during the contested review periods. The Department will issue 
assessment instructions to CBP within 15 days of publication of this 
notice.

Cash-Deposit Requirements

    As provided by section 751(a)(1) of the Tariff Act of 1930, as 
amended, and as stipulated in the Agreement with regard to the 
settlement of the fourteenth administrative review, the cash-deposit 
rate for all shipments of Mexican cement produced or exported by CEMEX 
and GCCC entered, or withdrawn from warehouse, for consumption on or 
after April 3, 2006, shall be $3.00 per metric ton. The deposit 
requirements shall remain in effect until further notice.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended.

    Dated: April 3, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-5116 Filed 4-6-06; 8:45 am]
BILLING CODE 3510-DS-S