Gray Portland Cement and Clinker from Mexico: Notice of Final Results of Antidumping Duty Administrative Review, 2909-2910 [E6-484]
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Federal Register / Vol. 71, No. 11 / Wednesday, January 18, 2006 / Notices
DEPARTMENT OF COMMERCE
DEPARTMENT OF COMMERCE
International Trade Administration
International Trade Administration
(A–201–802)
(A–201–802)
Extension of Time Limit for Preliminary
Results and Final Results of the Full
Sunset Review of the Antidumping
Duty Order on Gray Portland Cement
and Clinker from Mexico
Import Administration,
International Trade Administration,
U.S. Department of Commerce.
AGENCY:
EFFECTIVE DATES:
January 18, 2006.
Zev
Primor at 202–482–4114 or Edythe
Artman at 202–482–3931, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street & Constitution
Avenue, NW, Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Extension of Time Limits
erjones on PROD1PC68 with NOTICES
In accordance with section
751(c)(5)(B) of the Tariff Act of 1930, as
amended (the Act), the U.S. Department
of Commerce (the Department) may
extend the period of time for making its
determination by not more than 90 days,
if it is determines that the sunset review
is extraordinarily complicated. As set
forth in 751(c)(4)(C)(v) of the Act, the
Department may treat a sunset review as
extraordinarily complicated if it is a
review of a transition order. The sunset
review subject to this notice is a review
of a transition order. Therefore,
Department has determined, pursuant to
section 751(c)(5)(C)(v) of the Act, that
this sunset review is extraordinarily
complicated and will require additional
time for the Department to complete its
analysis.
The Department’s preliminary results
of this full sunset review was scheduled
for January 23, 2006, and the final
results was scheduled for May 31, 2006.
They are now being extended until
April 24, 2006, and August 29, 2006,
respectively. These dates are 90 days
from the originally scheduled dates of
the preliminary and final results of this
sunset review.
This notice is issued in accordance
with sections 751(c)(5)(B) and (C)(v) of
the Act.
Dated: January 11, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 06–455 Filed 1–17–06; 8:45 am]
BILLING CODE 3510–DS–S
VerDate Aug<31>2005
16:43 Jan 17, 2006
Jkt 208001
Gray Portland Cement and Clinker
from Mexico: Notice of Final Results of
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On September 13, 2005, the
Department of Commerce published the
preliminary results of administrative
review of the antidumping duty order
on gray portland cement and clinker
from Mexico. The review covers one
manufacturer/exporter, CEMEX, S.A. de
C.V., and its affiliate, GCC Cemento,
S.A. de C.V. The period of review is
August 1, 2003, through July 31, 2004.
Based on our analysis of the
comments received, we have made
changes in the margin calculations.
Therefore, the final results differ from
the preliminary results. The final
weighted–average dumping margin is
listed below in the ‘‘Final Results of
Review’’ section of this notice.
EFFECTIVE DATE: January 18, 2006.
FOR FURTHER INFORMATION CONTACT:
Hermes Pinilla or Jeffrey Frank, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–3477 or (202) 482–
0090, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 13, 2005, the
Department of Commerce (the
Department) published in the Federal
Register the preliminary results of the
administrative review of the
antidumping duty order on gray
portland cement and clinker from
Mexico. See Preliminary Results of
Antidumping Duty Administrative
Review: Gray Portland Cement and
Clinker From Mexico, 70 FR 54013
(Preliminary Results).
We invited parties to comment on the
Preliminary Results. On October 13,
2005, we received case briefs from the
petitioner, the Southern Tier Cement
Committee, Holcim Inc., a domestic
interested party, and from the
respondents, CEMEX, S.A. de C.V.
(CEMEX), and GCC Cemento, S.A. de
C.V. (GCCC).
Scope of the Order
The products covered by this order
include gray portland cement and
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
2909
clinker. Gray portland cement is a
hydraulic cement and the primary
component of concrete. Clinker, an
intermediate material product produced
when manufacturing cement, has no use
other than being ground into finished
cement. Gray portland cement is
currently classifiable under Harmonized
Tariff Schedule of the United States
(HTSUS) item number 2523.29 and
cement clinker is currently classifiable
under HTSUS item number 2523.10.
Gray portland cement has also been
entered under HTSUS item number
2523.90 as ‘‘other hydraulic cements.’’
The HTSUS subheadings are provided
for convenience and customs purposes
only. The Department’s written
description remains dispositive as to the
scope of the product coverage.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
administrative review, and to which we
have responded, are listed in the
Appendix to this notice and addressed
in the ‘‘Issues and Decision Memo’’
(Decision Memo) from Stephen J.
Claeys, Deputy Assistant Secretary, to
David M. Spooner, Assistant Secretary
for Import Administration, dated
January 11, 2006, which is hereby
adopted by this notice. The Decision
Memo is on file in Import
Administration’s Central Records Unit,
Room B–099 of the main Department
building. In addition, a complete
version of the Decision Memo is
available on the Internet at https://
ia.ita.doc.gov. The paper copy and
electronic version of the Decision Memo
are identical in content.
Changes Since the Preliminary Results
Based on our analysis of comments
received, we have corrected certain
programming and ministerial errors in
our preliminary results, where
applicable. These changes are discussed
in the Final Results Analysis
Memorandum from the case analyst to
the File dated January 11, 2005.
Final Results of Review
We determine that the following
weighted–average margin exists for the
collapsed parties, CEMEX and GCCC,
for the period August 1, 2003, through
July 31, 2004:
Exporter/manufacturer
CEMEX/GCCC .............
Weighted–average
percentage margin
42.26
Assessment Rates
The Department shall determine, and
U.S. Customs and Border Protection
E:\FR\FM\18JAN1.SGM
18JAN1
2910
Federal Register / Vol. 71, No. 11 / Wednesday, January 18, 2006 / Notices
erjones on PROD1PC68 with NOTICES
(CBP) shall assess, antidumping duties
on all appropriate entries. We will issue
appropriate assessment instructions
directly to CBP on or after the 41st day
after publication of these final results of
review. In accordance with 19 CFR
351.212(b), we have calculated an
exporter/importer–specific assessment
rate. For the sales in the United States
through the respondent’s affiliated U.S.
parties, we divided the total dumping
margin for the reviewed sales by the
total entered value of those reviewed
sales. We will direct CBP to assess the
resulting percentage margin against the
entered customs values for the subject
merchandise on each of the entries
during the review period (see 19 CFR
351.212(b)(1)).
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003 (68 FR 23954). This
clarification will apply to entries of
subject merchandise during the period
of review produced by the company
included in the final results of review
for which the reviewed company did
not know its merchandise was destined
for the United States. In such instances,
we will instruct CBP to liquidate
unreviewed entries at the all–others rate
if there is no rate for the intermediate
company(ies) involved in the
transaction. For a full discussion of this
clarification, see Notice of Policy
Concerning Assessment of Antidumping
Duties, 68 FR 23954 (May 6, 2003).
Cash–Deposit Requirements
As discussed in the Decision Memo in
response to Comment 6, we continue to
determine that it is appropriate to
require a per–unit cash–deposit amount
for entries of subject merchandise
produced or exported by CEMEX/GCCC.
The following deposit requirements
shall be effective upon publication of
this notice of final results of
administrative review for all shipments
of gray portland cement and clinker
from Mexico, entered, or withdrawn
from warehouse, for consumption on or
after the publication date, as provided
by section 751(a)(1) of the Act: (1) the
cash–deposit amount for CEMEX/GCCC
will be $26.28 per metric ton; (2) for
previously investigated or reviewed
companies not listed above, the cash–
deposit rate will continue to be the
company–specific rate published for the
most recent period; (3) if the exporter is
not a firm covered in this or any
previous reviews or the original less–
than-fair–value (LTFV) investigation but
the manufacturer is, the cash–deposit
rate will be the rate established for the
most recent period for the manufacturer
of the merchandise; (4) the cash–deposit
rate for all other manufacturers or
VerDate Aug<31>2005
15:06 Jan 17, 2006
Jkt 208001
exporters will continue to be 61.85
percent, which was the ‘‘all others’’ rate
in the LTFV investigation. See Final
Determination of Sales at Less Than
Fair Value: Gray Portland Cement and
Clinker from Mexico, 55 FR 29244 (July
18, 1990). These deposit requirements
shall remain in effect until publication
of the final results of the next
administrative review.
This notice serves as a reminder to
importers of their responsibility under
19 CFR 351.402(f) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305. Timely
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 the terms of an APO are
sanctionable violations.
These final results of administrative
review and notice are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: January 11, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
Appendix Issues in the Decision Memo
1. Revocation
2. Regional Assessment
3. Sales–Below-Cost Test
4. Bag vs. Bulk
5. Swap Sales
6. Cash–Deposit Methodology
7. Ordinary Course of Trade
8. Indirect Selling Expenses
9. Interest Revenue
[FR Doc. E6–484 Filed 1–17–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
Export Trade Certificate of Review
Notice of application to amend
an Export Trade Certificate of Review.
ACTION:
SUMMARY: Export Trading Company
Affairs (‘‘ETCA’’), International Trade
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
Administration, Department of
Commerce, has received an application
to amend an Export Trade Certificate of
Review (‘‘Certificate’’). This notice
summarizes the proposed amendment
and requests comments relevant to
whether the Certificate should be
issued.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Anspacher, Director, Export
Trading Company Affairs, International
Trade Administration, (202) 482–5131
(this is not a toll-free number) or E-mail
at oetca@ita.doc.gov.
Title III of
the Export Trading Company Act of
1982 (15 U.S.C. 4001–21) authorizes the
Secretary of Commerce to issue Export
Trade Certificates of Review. An Export
Trade Certificate of Review protects the
holder and the members identified in
the Certificate from state and federal
government antitrust actions and from
private treble damage antitrust actions
for the export conduct specified in the
Certificate and carried out in
compliance with its terms and
conditions. Section 302(b)(1) of the
Export Trading Company Act of 1982
and 15 CFR 325.6(a) require the
Secretary to publish a notice in the
Federal Register identifying the
applicant and summarizing its proposed
export conduct.
SUPPLEMENTARY INFORMATION:
Request for Public Comments
Interested parties may submit written
comments relevant to the determination
whether an amended Certificate should
be issued. If the comments include any
privileged or confidential business
information, it must be clearly marked
and a nonconfidential version of the
comments (identified as such) should be
included. Any comments not marked
privileged or confidential business
information will be deemed to be
nonconfidential. An original and five (5)
copies, plus two (2) copies of the
nonconfidential version, should be
submitted no later than 20 days after the
date of this notice to: Export Trading
Company Affairs, International Trade
Administration, U.S. Department of
Commerce, Room 7021–B H,
Washington, DC 20230. Information
submitted by any person is exempt from
disclosure under the Freedom of
Information Act (5 U.S.C. 552).
However, nonconfidential versions of
the comments will be made available to
the applicant if necessary for
determining whether or not to issue the
Certificate. Comments should refer to
this application as ‘‘Export Trade
Certificate of Review, application
number 85–12A18.’’
E:\FR\FM\18JAN1.SGM
18JAN1
]]>Agencies
[Federal Register Volume 71, Number 11 (Wednesday, January 18, 2006)]
[Notices]
[Pages 2909-2910]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-484]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(A-201-802)
Gray Portland Cement and Clinker from Mexico: Notice of Final
Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On September 13, 2005, the Department of Commerce published
the preliminary results of administrative review of the antidumping
duty order on gray portland cement and clinker from Mexico. The review
covers one manufacturer/exporter, CEMEX, S.A. de C.V., and its
affiliate, GCC Cemento, S.A. de C.V. The period of review is August 1,
2003, through July 31, 2004.
Based on our analysis of the comments received, we have made
changes in the margin calculations. Therefore, the final results differ
from the preliminary results. The final weighted-average dumping margin
is listed below in the ``Final Results of Review'' section of this
notice.
EFFECTIVE DATE: January 18, 2006.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Jeffrey Frank,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14\th\ Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202) 482-3477 or (202) 482-0090,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 13, 2005, the Department of Commerce (the Department)
published in the Federal Register the preliminary results of the
administrative review of the antidumping duty order on gray portland
cement and clinker from Mexico. See Preliminary Results of Antidumping
Duty Administrative Review: Gray Portland Cement and Clinker From
Mexico, 70 FR 54013 (Preliminary Results).
We invited parties to comment on the Preliminary Results. On
October 13, 2005, we received case briefs from the petitioner, the
Southern Tier Cement Committee, Holcim Inc., a domestic interested
party, and from the respondents, CEMEX, S.A. de C.V. (CEMEX), and GCC
Cemento, S.A. de C.V. (GCCC).
Scope of the Order
The products covered by this order include gray portland cement and
clinker. Gray portland cement is a hydraulic cement and the primary
component of concrete. Clinker, an intermediate material product
produced when manufacturing cement, has no use other than being ground
into finished cement. Gray portland cement is currently classifiable
under Harmonized Tariff Schedule of the United States (HTSUS) item
number 2523.29 and cement clinker is currently classifiable under HTSUS
item number 2523.10. Gray portland cement has also been entered under
HTSUS item number 2523.90 as ``other hydraulic cements.'' The HTSUS
subheadings are provided for convenience and customs purposes only. The
Department's written description remains dispositive as to the scope of
the product coverage.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review, and to which we have responded, are listed
in the Appendix to this notice and addressed in the ``Issues and
Decision Memo'' (Decision Memo) from Stephen J. Claeys, Deputy
Assistant Secretary, to David M. Spooner, Assistant Secretary for
Import Administration, dated January 11, 2006, which is hereby adopted
by this notice. The Decision Memo is on file in Import Administration's
Central Records Unit, Room B-099 of the main Department building. In
addition, a complete version of the Decision Memo is available on the
Internet at https://ia.ita.doc.gov. The paper copy and electronic
version of the Decision Memo are identical in content.
Changes Since the Preliminary Results
Based on our analysis of comments received, we have corrected
certain programming and ministerial errors in our preliminary results,
where applicable. These changes are discussed in the Final Results
Analysis Memorandum from the case analyst to the File dated January 11,
2005.
Final Results of Review
We determine that the following weighted-average margin exists for
the collapsed parties, CEMEX and GCCC, for the period August 1, 2003,
through July 31, 2004:
------------------------------------------------------------------------
Weighted-average
Exporter/manufacturer percentage margin
------------------------------------------------------------------------
CEMEX/GCCC.......................................... 42.26
------------------------------------------------------------------------
Assessment Rates
The Department shall determine, and U.S. Customs and Border
Protection
[[Page 2910]]
(CBP) shall assess, antidumping duties on all appropriate entries. We
will issue appropriate assessment instructions directly to CBP on or
after the 41st day after publication of these final results of review.
In accordance with 19 CFR 351.212(b), we have calculated an exporter/
importer-specific assessment rate. For the sales in the United States
through the respondent's affiliated U.S. parties, we divided the total
dumping margin for the reviewed sales by the total entered value of
those reviewed sales. We will direct CBP to assess the resulting
percentage margin against the entered customs values for the subject
merchandise on each of the entries during the review period (see 19 CFR
351.212(b)(1)).
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003 (68 FR 23954). This clarification will apply to entries of
subject merchandise during the period of review produced by the company
included in the final results of review for which the reviewed company
did not know its merchandise was destined for the United States. In
such instances, we will instruct CBP to liquidate unreviewed entries at
the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction. For a full discussion of this
clarification, see Notice of Policy Concerning Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
Cash-Deposit Requirements
As discussed in the Decision Memo in response to Comment 6, we
continue to determine that it is appropriate to require a per-unit
cash-deposit amount for entries of subject merchandise produced or
exported by CEMEX/GCCC. The following deposit requirements shall be
effective upon publication of this notice of final results of
administrative review for all shipments of gray portland cement and
clinker from Mexico, entered, or withdrawn from warehouse, for
consumption on or after the publication date, as provided by section
751(a)(1) of the Act: (1) the cash-deposit amount for CEMEX/GCCC will
be $26.28 per metric ton; (2) for previously investigated or reviewed
companies not listed above, the cash-deposit rate will continue to be
the company-specific rate published for the most recent period; (3) if
the exporter is not a firm covered in this or any previous reviews or
the original less-than-fair-value (LTFV) investigation but the
manufacturer is, the cash-deposit rate will be the rate established for
the most recent period for the manufacturer of the merchandise; (4) the
cash-deposit rate for all other manufacturers or exporters will
continue to be 61.85 percent, which was the ``all others'' rate in the
LTFV investigation. See Final Determination of Sales at Less Than Fair
Value: Gray Portland Cement and Clinker from Mexico, 55 FR 29244 (July
18, 1990). These deposit requirements shall remain in effect until
publication of the final results of the next administrative review.
This notice serves as a reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305. Timely 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 the terms of an APO are sanctionable violations.
These final results of administrative review and notice are issued
and published in accordance with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: January 11, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix Issues in the Decision Memo
1. Revocation
2. Regional Assessment
3. Sales-Below-Cost Test
4. Bag vs. Bulk
5. Swap Sales
6. Cash-Deposit Methodology
7. Ordinary Course of Trade
8. Indirect Selling Expenses
9. Interest Revenue
[FR Doc. E6-484 Filed 1-17-06; 8:45 am]
BILLING CODE 3510-DS-S
