[Federal Register Volume 88, Number 28 (Friday, February 10, 2023)]
[Notices]
[Pages 8812-8813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02815]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-815]


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

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of 
Commerce (Commerce) and the U.S. International Trade Commission (ITC) 
that revocation of the antidumping duty (AD) order on gray portland 
cement and cement clinker (cement and clinker) from Japan would likely 
lead to a continuation or recurrence of dumping and material injury to 
an industry in the United States, Commerce is publishing a notice of 
continuation of the AD order.

DATES: Applicable February 10, 2023.

FOR FURTHER INFORMATION CONTACT: Eliza DeLong, 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 the AD order on cement and 
clinker from Japan.\1\ On June 1, 2022, the ITC instituted,\2\ and 
Commerce initiated,\3\ the fifth sunset review of the Order, pursuant 
to section 751(c) of the Tariff Act of 1930, as amended (the Act). As a 
result of its review, Commerce determined that a revocation of the 
Order would likely lead to continuation or recurrence of dumping and, 
therefore, notified the ITC of the magnitude of the margin of dumping 
likely to prevail should the Order be revoked.\4\
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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; 
Institution of a Five-Year Review, 87 FR 33210 (June 1, 2022).
    \3\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 33123 
(June 1, 2022).
    \4\ See Gray Portland Cement and Cement Clinker from Japan: 
Final Results of Expedited Sunset Review of the Antidumping Duty 
Order, 87 FR 60121 (October 4, 2022).
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    On February 1, 2023, the ITC published its determination, pursuant 
to sections 751(c) and 752(a) of the Act, that revocation of the Order 
would likely lead to continuation or recurrence of material injury to 
an industry in the United States within a reasonably foreseeable 
time.\5\
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    \5\ See Gray Portland Cement and Cement Clinker from Japan, 88 
FR 6783 (February 1, 2023).
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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 
of the United States (HTSUS) subheading 2523.29 and cement clinker is 
currently classifiable under HTSUS subheading 2523.10. Cement has also 
been entered under HTSUS subheading 2523.90 as ``other hydraulic 
cements.'' The HTSUS 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.\6\
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    \6\ 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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Continuation of the Order

    As a result of the determinations by Commerce and the ITC that 
revocation of the Order would likely lead to a continuation or a 
recurrence of dumping, as well as material injury to an industry in the 
United States, pursuant to section 751(d)(2) of the Act and 19 CFR 
351.218(a), Commerce hereby orders the continuation of the Order. U.S. 
Customs and Border Protection will continue to collect AD 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 in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR 
351.218(c)(2), Commerce intends to initiate the next five-year review 
of the Order not later than 30 days prior to the fifth anniversary of 
the effective date of continuation.

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the return, destruction, or conversion to judicial 
protective order of proprietary information disclosed under APO in 
accordance with 19 CFR 351.305(a)(3). Timely written notification of 
the return or destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply is a violation 
of the APO which may be subject to sanctions.

Notification to Interested Parties

    This five-year sunset review and this notice are in accordance with 
sections 751(c) and 751(d)(2) of the Act and published in accordance 
with section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).


[[Page 8813]]


    Dated: February 3, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-02815 Filed 2-9-23; 8:45 am]
BILLING CODE 3510-DS-P