[Federal Register Volume 76, Number 84 (Monday, May 2, 2011)]
[Notices]
[Pages 24519-24522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10280]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-461 (Third Review)]


Gray Portland Cement and Cement Clinker From Japan; Institution 
of a Five-Year Review Concerning the Antidumping Duty Order on Gray 
Portland Cement and Cement Clinker From Japan

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice that it has instituted a 
review pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 
1675(c)) (the Act) to determine whether revocation of the antidumping 
duty order on gray portland cement and cement clinker from Japan would 
be likely to lead to continuation or recurrence of material injury. 
Pursuant to section 751(c)(2) of the Act, interested parties are 
requested to respond to this notice by submitting the information 
specified below to the Commission; \1\ to be assured of consideration, 
the deadline for responses is June 1, 2011. Comments on the adequacy of 
responses may be filed with the Commission by July 15, 2011. For 
further information concerning the conduct of this review and rules of 
general application, consult the Commission's Rules of Practice and 
Procedure, part 201, subparts A through E (19 CFR part 201), and part 
207, subparts A, D, E, and F (19 CFR part 207), as most recently 
amended at 74 FR 2847 (January 16, 2009).
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    \1\ No response to this request for information is required if a 
currently valid Office of Management and Budget (OMB) number is not 
displayed; the OMB number is 3117-0016/USITC No. 11-5-245, 
expiration date June 30, 2011. Public reporting burden for the 
request is estimated to average 15 hours per response. Please send 
comments regarding the accuracy of this burden estimate to the 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street, SW., Washington, DC 20436.

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DATES: Effective Date: May 2, 2011.

FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436. Hearing-impaired persons can obtain information 
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special 
assistance in gaining access to the Commission should contact the 
Office of the Secretary at 202-205-2000. General information concerning 
the Commission may also be obtained by accessing its Internet server 
(http://www.usitc.gov). The public record for this review may be viewed 
on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Background.--On May 10, 1991, the Department of Commerce issued an 
antidumping duty order on imports of gray portland cement and cement 
clinker from Japan (56 FR 21658). Following first five-year reviews by 
Commerce and the Commission, effective November 15, 2000, Commerce 
issued a continuation of the antidumping duty order on imports of gray 
portland cement and cement clinker from Japan (65 FR 68979). Following 
second five-year reviews by Commerce and the Commission, effective June 
16, 2006, Commerce issued a continuation of the antidumping duty order 
on imports of gray portland cement and cement clinker from Japan (71 FR 
34892). The Commission is now conducting a third review to determine 
whether revocation of the order would be likely to lead to continuation 
or recurrence of material injury to the domestic industry within a 
reasonably foreseeable time. It will assess the adequacy of interested 
party responses to this notice of institution to determine whether to 
conduct a full review or an expedited review. The Commission's 
determination in any expedited review will be based on the facts 
available, which may include information provided in response to this 
notice.
    Definitions.--The following definitions apply to this review:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year review, as defined by the Department 
of Commerce.
    (2) The Subject Country in this review is Japan.
    (3) The Domestic Like Product is the domestically produced product 
or products which are like, or in the absence of like, most similar in 
characteristics and uses with, the Subject Merchandise. In its original 
determination, its full first five-year review determination, and its 
expedited second five-year review determination, the Commission defined 
a single Domestic Like Product consisting of gray portland cement and 
cement clinker coextensive with Commerce's scope.

[[Page 24520]]

    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic Like Product, or those producers whose collective output of 
the Domestic Like Product constitutes a major proportion of the total 
domestic production of the product. In its original determination, the 
Commission defined the Domestic Industry as producers of gray portland 
cement and cement clinker, including ``grinding only'' operations. The 
Commission also concluded in its original determination, its full first 
five-year review determination, and its expedited second five-year 
review determination that appropriate circumstances existed for a 
regional industry analysis. In the original investigation, the 
Commission considered whether the Southern California region (defined 
as the counties of San Luis Obispo, Kern, Inyo, Mono, Santa Barbara, 
Ventura, Los Angeles, San Bernardino, Orange, Riverside, San Diego, and 
Imperial), as proposed by the petitioners, or a larger region, the 
State of California, was the appropriate region. In its original 
determination, the Commission determined that both regions satisfied 
the market isolation criteria but found the more appropriate region for 
its analysis was Southern California; one Commissioner found the 
regional industry to consist of producers in the State of California. 
In its full first five-year review determination, the Commission found 
that there had been integration of the Northern and Southern regions of 
California and defined the region as the State of California. The 
Commission also determined that the record in its expedited second 
five-year review supported a finding of a regional industry 
corresponding to the region of the State of California.
    For purposes of this notice, you should report information 
separately on each of the following Domestic Industries: (1) Producers 
of gray portland cement and cement clinker, including ``grinding only'' 
operations, located in Southern California; (2) producers of gray 
portland cement and cement clinker, including ``grinding only'' 
operations, located in the State of California; and (3) producers of 
gray portland cement and cement clinker, including ``grinding only'' 
operations, located in the United States as a whole. Additionally, this 
notice uses the term Domestic Market Area to describe the area served 
by each Domestic Industry. Consequently, for purposes of this notice 
there are three Domestic Market Areas: (1) Southern California, (2) the 
State of California; (3) the United States.
    (5) An Importer is any person or firm engaged, either directly or 
through a parent company or subsidiary, in importing the Subject 
Merchandise into the United States from a foreign manufacturer or 
through its selling agent.
    Participation in the review and public service list.--Persons, 
including industrial users of the Subject Merchandise and, if the 
merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the review as parties must 
file an entry of appearance with the Secretary to the Commission, as 
provided in section 201.11(b)(4) of the Commission's rules, no later 
than 21 days after publication of this notice in the Federal Register. 
The Secretary will maintain a public service list containing the names 
and addresses of all persons, or their representatives, who are parties 
to the review.
    Former Commission employees who are seeking to appear in Commission 
five-year reviews are advised that they may appear in a review even if 
they participated personally and substantially in the corresponding 
underlying original investigation. The Commission's designated agency 
ethics official has advised that a five-year review is not considered 
the ``same particular matter'' as the corresponding underlying original 
investigation for purposes of 18 U.S.C. 207, the post employment 
statute for Federal employees, and Commission rule 201.15(b) (19 CFR 
201.15(b)), 73 FR 24609 (May 5, 2008). This advice was developed in 
consultation with the Office of Government Ethics. Consequently, former 
employees are not required to seek Commission approval to appear in a 
review under Commission rule 19 CFR 201.15, even if the corresponding 
underlying original investigation was pending when they were Commission 
employees. For further ethics advice on this matter, contact Carol 
McCue Verratti, Deputy Agency Ethics Official, at 202-205-3088.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and APO service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI submitted in this review available to authorized 
applicants under the APO issued in the review, provided that the 
application is made no later than 21 days after publication of this 
notice in the Federal Register. Authorized applicants must represent 
interested parties, as defined in 19 U.S.C. 1677(9), who are parties to 
the review. A separate service list will be maintained by the Secretary 
for those parties authorized to receive BPI under the APO.
    Certification.--Pursuant to section 207.3 of the Commission's 
rules, any person submitting information to the Commission in 
connection with this review must certify that the information is 
accurate and complete to the best of the submitter's knowledge. In 
making the certification, the submitter will be deemed to consent, 
unless otherwise specified, for the Commission, its employees, and 
contract personnel to use the information provided in any other reviews 
or investigations of the same or comparable products which the 
Commission conducts under Title VII of the Act, or in internal audits 
and investigations relating to the programs and operations of the 
Commission pursuant to 5 U.S.C. Appendix 3.
    Written submissions.--Pursuant to section 207.61 of the 
Commission's rules, each interested party response to this notice must 
provide the information specified below. The deadline for filing such 
responses is June 1, 2011. Pursuant to section 207.62(b) of the 
Commission's rules, eligible parties (as specified in Commission rule 
207.62(b)(1)) may also file comments concerning the adequacy of 
responses to the notice of institution and whether the Commission 
should conduct an expedited or full review. The deadline for filing 
such comments is July 15, 2011. All written submissions must conform 
with the provisions of sections 201.8 and 207.3 of the Commission's 
rules and any submissions that contain BPI must also conform with the 
requirements of sections 201.6 and 207.7 of the Commission's rules. The 
Commission's rules do not authorize filing of submissions with the 
Secretary by facsimile or electronic means, except to the extent 
permitted by section 201.8 of the Commission's rules, as amended, 67 FR 
68036 (November 8, 2002). Also, in accordance with sections 201.16(c) 
and 207.3 of the Commission's rules, each document filed by a party to 
the review must be served on all other parties to the review (as 
identified by either the public or APO service list as appropriate), 
and a certificate of service must accompany the document (if you are 
not a party to the review you do not need to serve your response).
    Inability to provide requested information.--Pursuant to section 
207.61(c) of the Commission's rules, any interested party that cannot 
furnish the information requested by this notice in the requested form 
and manner shall notify the Commission at the earliest possible time, 
provide a full explanation

[[Page 24521]]

of why it cannot provide the requested information, and indicate 
alternative forms in which it can provide equivalent information. If an 
interested party does not provide this notification (or the Commission 
finds the explanation provided in the notification inadequate) and 
fails to provide a complete response to this notice, the Commission may 
take an adverse inference against the party pursuant to section 776(b) 
of the Act in making its determination in the review.
    Information To Be Provided in Response to This Notice of 
Institution: Please provide the requested information separately for 
each Domestic Industry, as previously defined in this notice, and, as 
applicable, its corresponding Domestic Market Area. As used below, the 
term ``firm'' includes any related firms.
    (1) The name and address of your firm or entity (including World 
Wide Web address) and name, telephone number, fax number, and E-mail 
address of the certifying official.
    (2) A statement indicating whether your firm/entity is a U.S. 
producer of the Domestic Like Product, a U.S. union or worker group, a 
U.S. importer of the Subject Merchandise, a foreign producer or 
exporter of the Subject Merchandise, a U.S. or foreign trade or 
business association, or another interested party (including an 
explanation). If you are a union/worker group or trade/business 
association, identify the firms in which your workers are employed or 
which are members of your association.
    (3) A statement indicating whether your firm/entity is willing to 
participate in this review by providing information requested by the 
Commission.
    (4) A statement of the likely effects of the revocation of the 
antidumping duty order on the Domestic Industry in general and/or your 
firm/entity specifically. In your response, please discuss the various 
factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) 
including the likely volume of subject imports, likely price effects of 
subject imports, and likely impact of imports of Subject Merchandise on 
the Domestic Industry.
    (5) A list of all known and currently operating U.S. producers of 
the Domestic Like Product. Identify any known related parties and the 
nature of the relationship as defined in section 771(4)(B) of the Act 
(19 U.S.C. 1677(4)(B)).
    (6) A list of all known and currently operating U.S. importers of 
the Subject Merchandise and producers of the Subject Merchandise in the 
Subject Country that currently export or have exported Subject 
Merchandise to the United States or other countries after 2005.
    (7) A list of 3-5 leading purchasers in the Domestic Market Area 
for the Domestic Like Product and the Subject Merchandise (including 
street address, World Wide Web address, and the name, telephone number, 
fax number, and E-mail address of a responsible official at each firm).
    (8) A list of known sources of information on national or regional 
prices for the Domestic Like Product or the Subject Merchandise in the 
U.S. or other markets.
    (9) If you are a U.S. producer of the Domestic Like Product, 
provide the following information on your firm's operations on that 
product during calendar year 2010, except as noted (report quantity 
data in short tons and value data in U.S. dollars, f.o.b. plant). If 
you are a union/worker group or trade/business association, provide the 
information, on an aggregate basis, for the firms in which your workers 
are employed/which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total Domestic Industry production of the Domestic Like 
Product accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm to produce the Domestic Like 
Product (i.e., the level of production that your establishment(s) could 
reasonably have expected to attain during the year, assuming normal 
operating conditions (using equipment and machinery in place and ready 
to operate), normal operating levels (hours per week/weeks per year), 
time for downtime, maintenance, repair, and cleanup, and a typical or 
representative product mix);
    (c) The quantity and value of U.S. commercial shipments of the 
Domestic Like Product produced in your U.S. plant(s);
    (d) The quantity and value of U.S. internal consumption/company 
transfers of the Domestic Like Product produced in your U.S. plant(s); 
and
    (e) The value of (i) net sales, (ii) cost of goods sold (COGS), 
(iii) gross profit, (iv) selling, general and administrative (SG&A) 
expenses, and (v) operating income of the Domestic Like Product 
produced in your U.S. plant(s) (include both U.S. and export commercial 
sales, internal consumption, and company transfers) for your most 
recently completed fiscal year (identify the date on which your fiscal 
year ends).
    (10) If you are a U.S. importer or a trade/business association of 
U.S. importers of the Subject Merchandise from the Subject Country, 
provide the following information on your firm's(s') operations on that 
product during calendar year 2010 (report quantity data in short tons 
and value data in U.S. dollars). If you are a trade/business 
association, provide the information, on an aggregate basis, for the 
firms which are members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping duties) of U.S. imports into the Domestic Market Area and, 
if known, an estimate of the percentage of total U.S. imports into the 
Domestic Market Area of Subject Merchandise from the Subject Country 
accounted for by your firm's(s') imports;
    (b) The quantity and value (f.o.b. U.S. port, including antidumping 
duties) of U.S. commercial shipments into the Domestic Market Area of 
Subject Merchandise imported from the Subject Country; and
    (c) The quantity and value (f.o.b. U.S. port, including antidumping 
duties) of U.S. internal consumption/company transfers into the 
Domestic Market Area of Subject Merchandise imported from the Subject 
Country.
    (11) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in the 
Subject Country, provide the following information on your firm's(s') 
operations on that product during calendar year 2010 (report quantity 
data in short tons and value data in U.S. dollars, landed and duty-paid 
at the U.S. port but not including antidumping duties). If you are a 
trade/business association, provide the information, on an aggregate 
basis, for the firms which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in the Subject 
Country accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm to produce the Subject 
Merchandise in the Subject Country (i.e., the level of production that 
your establishment(s) could reasonably have expected to attain during 
the year, assuming normal operating conditions (using equipment and 
machinery in place and ready to operate), normal operating levels 
(hours per week/weeks per year), time for downtime, maintenance, 
repair, and cleanup, and a typical or representative product mix); and
    (c) The quantity and value of your firm's(s') exports to the United 
States of Subject Merchandise and, if known, an estimate of the 
percentage of total exports to the United States of Subject Merchandise 
from the Subject Country accounted for by your firm's(s') exports.

[[Page 24522]]

    (12) Identify significant changes, if any, in the supply and demand 
conditions or business cycle for the Domestic Like Product that have 
occurred in the Domestic Market Area or in the market for the Subject 
Merchandise in the Subject Country after 2005, and significant changes, 
if any, that are likely to occur within a reasonably foreseeable time. 
Supply conditions to consider include technology; production methods; 
development efforts; ability to increase production (including the 
shift of production facilities used for other products and the use, 
cost, or availability of major inputs into production); and factors 
related to the ability to shift supply among different national markets 
(including barriers to importation in foreign markets or changes in 
market demand abroad). Demand conditions to consider include end uses 
and applications; the existence and availability of substitute 
products; and the level of competition among the Domestic Like Product 
produced by the Domestic Industry, Subject Merchandise produced in the 
Subject Country, and such merchandise from other countries.
    (13) (OPTIONAL) A statement of whether you agree with the above 
definitions of the Domestic Like Product and Domestic Industry; if you 
disagree with either or both of these definitions, please explain why 
and provide alternative definitions.

    Authority: This review is being conducted under authority of 
title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.61 of the Commission's rules.

    Issued: April 25, 2011.

    By order of the Commission.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. 2011-10280 Filed 4-29-11; 8:45 am]
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