[Federal Register Volume 74, Number 30 (Tuesday, February 17, 2009)]
[Notices]
[Pages 7393-7394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3403]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-802]


Gray Portland Cement and Clinker from Mexico: Initiation of 
Changed-Circumstances Review, Preliminary Results of Review, Intent to 
Revoke Antidumping Duty Order, and Intent to Terminate Five-year 
(Sunset) Review of Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is initiating a 
changed-circumstances review of the antidumping duty order on gray 
portland cement and clinker from Mexico. As a result of its preliminary 
analysis, the Department intends to revoke the order and to terminate 
the five-year (sunset) review of the order.
    Interested parties are invited to comment on the preliminary 
results, the intent to revoke the order, and the intent to terminate 
the five-year (sunset) review of the antidumping duty order.

EFFECTIVE DATE: February 17, 2009.

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 and (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 6, 2006, the Office of the United States Trade 
Representative, Secretaria de Economia of the United Mexican States, 
and the Department entered into an Agreement on Trade in Cement 
(Agreement). See Gray Portland Cement and Clinker from Mexico: 
Agreement Between the Office of the United States Trade Representative, 
The United States Department of Commerce and Secretaria de Economia of 
Mexico on Trade in Cement, 71 FR 13082 (March 14, 2006). Section XI.B 
of the Agreement states that, provided it ``has not been terminated 
before March 31, 2009,'' the Department ``shall revoke'' the cement 
order ``for all Mexican Cement Producers that have not exported any 
Mexican Cement to the United States since August 30, 1990, or that have 
not exported substantially more than the Export Limits'' allocated by 
the Mexican government from April 1, 2008, through March 31, 2009. 
Pursuant to the terms of the Agreement concerning the revocation of the 
order, the Department is initiating a changed-circumstances review 
pursuant to section 751(b) of the Tariff Act of 1930, as amended (the 
Act), and 19 CFR 351.221(b)(1).

Preliminary Results of Review

    The Agreement states that revocation of the order ``shall be based 
on'' irrevocable letters which were submitted in accordance with 
Section II.A.13 by the following domestic producers of the like 
merchandise: the Southern Tier Cement Committee (STCC) and its members, 
Capitol Aggregates, Ltd. (Capitol Aggregates), and Holcim (U.S.) Inc. 
(Holcim). STCC and its members, Capitol Aggregates, and Holcim state in 
those letters that they have ``no interest'' in maintaining the order 
after the expiration of the Agreement and that they will not ``file a 
petition requesting remedies with respect to Mexican cement under the 
Act, the U.S. countervailing duty law, Sections 201-204 of the Trade 
Act of 1974, as amended, or Sections 301-305 of the Trade Act of 1974, 
as amended, {...{time}  for a period of nine (9) months after this 
Agreement expires and will oppose any such petition filed by any other 
person or enterprise during that period.'' See Section II.A.13 and 
Appendix 14 of the Agreement.
    The Agreement not only required the settlement of litigation of 
numerous challenges before North American Free Trade Agreement (NAFTA) 
Panels but also the suspension of a NAFTA challenge pertaining to the 
1999 sunset review of the order, the withdrawal of a challenge before 
the World Trade Organization, the suspension of the 2005 sunset review 
of this order, the creation and enforcement of an export-license 
program by the government of Mexico, the implementation of an import-
license program by the Department, and the liquidation of certain 
entries of gray portland cement and clinker from Mexico by U.S. Customs 
and Border Protection (CBP) in accordance with the terms of the 
Agreement. We preliminarily determine that all of the terms of the 
Agreement have been satisfied to date.

Intent to Revoke Order

    Because the Department preliminarily determines that the terms of 
the Agreement and, therefore, the terms of the ``no interest'' letters 
from producers accounting for substantially all of the production of 
the domestic like product have been met, the Department intends to 
revoke the order in its entirety, effective April 1, 2009.

Intent to Terminate Sunset Review

    In accordance with Section II.A.11 of the Agreement, the Department 
suspended its conduct of the second sunset review initiated on October 
3, 2005. See Initiation of Five-year (``Sunset'') Reviews, 70 FR 57560 
(October 3, 2005).
    Because the Department preliminarily determines that the terms of 
the Agreement have been fulfilled, the Department intends to terminate 
the suspended sunset review on March 31, 2009, absent any difficulty in 
completing the terms of the Agreement before this date.

Suspension of Liquidation

    In accordance with Section XI.B of the Agreement, upon revocation 
of the order we will instruct CBP to discontinue the suspension of 
liquidation and to cease the collection of cash deposits on entries of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after April 1, 2009.

Public Comment

    Interested parties are invited to comment on the preliminary 
results of review, the intent to revoke the order, and the intent to 
terminate the sunset review. Written comments may be submitted no later 
than 14 calendar days after the date of publication of this notice. 
Rebuttals to written comments, limited to issues raised in such 
comments, may be filed no later than 21 calendar days after the date of 
publication of this notice.
    This notice is published in accordance with sections 751(b)(1) and

[[Page 7394]]

777(i) of the Act and 19 CFR 351.221(b)(1).

    Dated: February 11, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-3403 Filed 2-13-09; 8:45 am]
BILLING CODE 3510-DS-S