[Federal Register Volume 76, Number 242 (Friday, December 16, 2011)]
[Notices]
[Pages 78240-78241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32270]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-815]


Gray Portland Cement and Clinker From Japan: Continuation of 
Antidumping Duty Order

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

SUMMARY: On May 2, 2011, the Department of Commerce (the Department) 
initiated the third sunset review of the antidumping duty order on gray 
portland cement and clinker from Japan, pursuant to section 751(c) of 
the Tariff Act of 1930, as amended (the Act). See Initiation of Five-
Year (``Sunset'') Review, 76 FR 24459 (May 2, 2011) (Notice of 
Initiation). As a result of the determination by the Department and the 
International Trade Commission (ITC) that revocation of the antidumping 
duty order on gray portland cement and clinker from Japan would likely 
lead to continuation or recurrence of dumping and material injury to an 
industry in the United States, the Department is publishing a notice of 
continuation of this antidumping duty order.

DATES: Effective Date: December 16, 2011.

FOR FURTHER INFORMATION CONTACT: Catherine Cartsos or Minoo Hatten, AD/
CVD Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1757 or (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On May 2, 2011, the Department published the notice of initiation 
of the third sunset review of the antidumping duty order on gray 
portland cement and

[[Page 78241]]

clinker from Japan \1\ pursuant to section 751(c) of the Tariff Act of 
1930, as amended (the Act). See Notice of Initiation.
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    \1\ See Antidumping Duty Order and Amendment to Final 
Determination of Sales at Less Than Fair Value: Gray Portland Cement 
and Clinker From Japan, 56 FR 21658 (May 10, 1991), and Amended 
Final Determination of Sales at Less Than Fair Value and Antidumping 
Order: Gray Portland Cement and Clinker From Japan, 60 FR 39150 
(August 1, 1995).
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    As a result of this sunset review, the Department determined that 
revocation of the antidumping duty order on gray portland cement and 
clinker from Japan would likely lead to continuation or recurrence of 
dumping and notified the ITC of the magnitude of the margins likely to 
prevail should the order be revoked. See Gray Portland Cement and 
Clinker From Japan: Final Results of the Expedited Third Sunset Review 
of the Antidumping Duty Order, 76 FR 54206 (August 31, 2011).
    On December 8, 2011, the ITC published its determination in the 
Federal Register, pursuant to section 751(c) of the Act, that 
revocation of the antidumping duty order on gray portland cement and 
clinker from Japan would likely lead to continuation or recurrence of 
material injury to an industry in the United States within a reasonably 
foreseeable time. See Gray Portland Cement and Clinker From Japan, 76 
FR 76760 (December 8, 2011), and USITC Publication 4281 (December 2011) 
entitled Gray Portland Cement and Cement Clinker From Japan (Inv. Nos. 
731-TA-461 (Third Review)).

Scope of the Order

    The products covered by the 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 HTS item numbers are provided for convenience and 
customs purposes. The written product description remains dispositive 
as to the scope of the product covered by the order.\2\
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    \2\ The Department has 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).
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Continuation of Order

    As a result of the determination by the Department and the ITC that 
revocation of the antidumping duty order would likely lead to 
continuation or recurrence of dumping and material injury to an 
industry in the United States, pursuant to section 751(d)(2) of the 
Act, the Department hereby orders the continuation of the antidumping 
duty order on gray portland cement and clinker from Japan.
    U.S. Customs and Border Protection will continue to collect 
antidumping cash deposits at the rates in effect at the time of entry 
for all imports of subject merchandise. The effective date of the 
continuation of the order will be the date of publication of this 
notice of continuation in the Federal Register. Pursuant to sections 
751(c)(2) and 751(c)(6)(A) of the Act, the Department intends to 
initiate the next five-year review of this order not later than 30 days 
prior to the fifth anniversary of the effective date of continuation.
    This five-year sunset review and this notice is in accordance with 
section 751(c) of the Act and is published pursuant to section 777(i) 
of the Act and 19 CFR 351.218(f)(4).

     Dated: December 8, 2011.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. 2011-32270 Filed 12-15-11; 8:45 am]
BILLING CODE 3510-DS-P