[Federal Register Volume 87, Number 191 (Tuesday, October 4, 2022)]
[Notices]
[Pages 60121-60122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21522]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-815]


Gray Portland Cement and Cement Clinker From Japan: Final Results 
of Expedited Sunset Review of the Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) finds that 
revocation of the antidumping duty order on gray portland cement and 
cement clinker (cement and clinker) from Japan would be likely to lead 
to continuation or recurrence of dumping at the levels indicated in the 
``Final Results of Sunset Review'' section of this notice.

DATES: Applicable October 4, 2022.

FOR FURTHER INFORMATION CONTACT: Eliza Siordia, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3878.

SUPPLEMENTARY INFORMATION: 

Background

    On May 10, 1991, Commerce published its antidumping duty order on 
cement and clinker from Japan.\1\ On July 17, 2017, Commerce published 
the continuation notice from the most recent sunset review of the 
Order.\2\ On June 1, 2022, Commerce published the notice of initiation 
of the five-year sunset review of the Order, pursuant to section 751(c) 
of the Tariff Act of 1930, as amended (the Act).\3\ On June 16, 2022, 
Commerce received a notice of intent to participate in this review from 
the Committee for Fairly Traded Japanese Cement (Committee) within the 
deadline specified in 19 CFR 351.218(d)(1)(i).\4\ The Committee claimed 
interested party status under section 771(9)(E) of the Act, as a trade 
or business association, a majority of whose members manufacture, 
produce or wholesale a domestic like product in the United States. On 
July 1, 2022, the Committee provided a complete substantive response 
for this review within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i).\5\ We received no substantive responses from other 
interested parties, nor was a hearing requested. On July 21, 2022, 
Commerce notified the U.S. International Trade Commission (ITC) that it 
did not receive an adequate substantive response from respondent 
interested parties.\6\ As a result, pursuant to section 751(c)(3)(B) of 
the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce has conducted an 
expedited (120-day) sunset review of the Order.
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    \1\ See Final Determination of Sales at Less Than Fair Value; 
Gray Portland Cement and Clinker from Japan, 56 FR 12156 (March 22, 
1991), as amended by 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) (Order).
    \2\ See Gray Portland Cement and Cement Clinker from Japan: 
Continuation of Antidumping Duty Order, 82 FR 32682 (July 17, 2017); 
see also Gray Portland Cement and Cement Clinker from Japan: Final 
Results of Expedited Fourth Sunset Review of the Antidumping Duty 
Order, 82 FR 12561 (March 6, 2017).
    \3\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 33123 
(June 1, 2022) (Notice of Initiation).
    \4\ See Committee's Letter, ``The Domestic Industry's Notice of 
Intent to Participate in Sunset Review,'' dated June 16, 2022.
    \5\ See Committee's Letter, ``The Domestic Industry's 
Substantive Response to the Notice of Initiation,'' dated July 1, 
2022.
    \6\ See Commerce's Letter, ``Sunset Reviews Initiated on June 1, 
2022,'' dated July 21, 2022.
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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 Order. 
Cement is currently classifiable under the Harmonized Tariff Schedule 
(HTS) subheading 2523.29 and cement clinker is currently classifiable 
under HTS subheading 2523.10. Cement has also been entered under HTS 
subheading 2523.90 as ``other hydraulic cements.'' The HTS subheadings 
are provided for convenience and customs purposes. The written product 
description remains dispositive as to the scope of the product covered 
by the Order.\7\
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    \7\ Commerce 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); see 
also Scope Rulings, 58 FR 27542 (May 10, 1993) (``Nittetsu Super 
Fine'' cement is not within the scope of the Order).

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[[Page 60122]]

Analysis of Comments Received

    All issues raised in this review are addressed in the accompanying 
Issues and Decision Memorandum.\8\ A list of topics discussed in the 
Issues and Decision Memorandum is included as an appendix to this 
notice. The Issues and Decision Memorandum is a public document and is 
on file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \8\ See Memorandum ``Issues and Decision Memorandum for the 
Final Results of the Expedited Sunset Review of the Antidumping Duty 
Order on Gray Portland Cement and Clinker from Japan,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Final Results of Sunset Review

    Pursuant to sections 751(c) and 752(c)(1) and (3) of the Act, we 
determine that revocation of the Order would be likely to lead to the 
continuation or recurrence of dumping and that the magnitude of the 
margin of dumping likely to prevail would be at a rate up to 69.89 
percent.

Administrative Protective Order (APO)

    This notice serves as the only reminder to interested parties 
subject to an APO of their responsibility concerning the disposition of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305. Timely written notification of the return or destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.

Notification to Interested Parties

    Commerce is issuing and publishing these final results and notice 
in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act 
and 19 CFR 351.221(c)(5)(ii).

    Dated: September 28, 2022.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Margin of Dumping Likely to Prevail
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2022-21522 Filed 10-3-22; 8:45 am]
BILLING CODE 3510-DS-P