Gray Portland Cement and Clinker from Mexico: Rescission of Antidumping Duty Administrative Review and Compromise of Outstanding Claims, 17829 [E6-5115]

Download as PDF Federal Register / Vol. 71, No. 67 / Friday, April 7, 2006 / Notices constraints imposed by our statutory deadlines.4 wwhite on PROD1PC61 with NOTICES Quantity and Value (‘‘Q&V’’) Questionnaire In advance of issuance of the antidumping questionnaire, we will also be requiring all parties for whom a review is requested to respond to a Q&V questionnaire, which will request information on the respective quantity and U.S. dollar sales value of all exports of shrimp to the United States during the period August 4, 2004, through January 31, 2006. The Q&V questionnaire will be available on the Department’s website at https:// ia.ita.doc.gov/ on April 3, 2006. The responses to the Q&V questionnaire are due to the Department by close of business on April 28, 2006. Due to the time constraints imposed by our statutory and regulatory deadlines, the Department may be unable to grant any extensions for the submission of the Q&V questionnaire responses. In responding to the Q&V questionnaire, please refer to the instructions contained in the Q&V questionnaire. Notice This notice constitutes public notification to all firms requested for review that a complete response to the Q&V questionnaire, within the time limits established in this notice of initiation is required in order for such information to receive consideration. For parties that fail to timely respond to the Q&V questionnaire, the Department may resort to the use of facts otherwise available, and may employ an adverse inference if the Department determines that the party failed to cooperate by not acting to the best of its ability. All information submitted by respondents in these administrative reviews is subject to verification. As discussed above, due to the large number of parties in these proceedings, and the Department’s need to complete its proceedings within the statutory deadlines, the Department will be limited in its ability to extend deadlines on the above submissions. As noted above, the Q&V questionnaire will be available on the Department’s website at https://ia.ita.doc.gov/ on April 3, 2006. Interested parties must submit applications for disclosure under administrative protective orders in accordance with 19 CFR 351.305. Instructions for filing such applications may be found on the Department’s website at https://ia.ita.doc.gov/. 4 Should the Department use sampling, the need to preserve the statistical validity of the sampling methodology will further limit the Department’s ability to grant such extensions. VerDate Aug<31>2005 19:13 Apr 06, 2006 Jkt 208001 This initiation and notice are in accordance with section 751(a)(1) of the Act and 19 CFR 351.221(c)(1)(i). Dated: March 31, 2006. Irene Darzenta Tzafolias, Acting Director, AD/CVD Operations, Office 2, for Import Administration. [FR Doc. E6–5117 Filed 4–6–06; 8:45 am] Billing Code: 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–201–802] Gray Portland Cement and Clinker from Mexico: Rescission of Antidumping Duty Administrative Review and Compromise of Outstanding Claims Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: April 3, 2006 FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Minoo Hatten, AD/ CVD Operations, Office 5, 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– 1690, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Rescission of Review In August 2004, the petitioner, the Southern Tier Cement Committee, requested a review of the antidumping duty order on gray portland cement and clinker from Mexico with respect to sales by CEMEX, S.A. de C.V. (CEMEX), and CEMEX’s affiliate, GCC Cemento, S.A. de C.V. (GCCC), during the period August 1, 2004, through July 31, 2005. In addition, in August 2005, CEMEX and GCCC requested reviews of their sales for the same period. On September 28, 2005, the Department published in the Federal Register a notice of initiation of this administrative review. See Notice of Initiation of Antidumping and Countervailing Duty Administrative Reviews, Request for Revocation in Part and Deferral of Administrative Review (70 FR 56631). On March 6, 2006, the petitioner, CEMEX, and GCCC withdrew their requests for review and requested that the Department rescind the administrative review. Compromise of Outstanding Claims On March 6, 2006, the Office of the United States Trade Representative, the United States Department of Commerce, PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 17829 and Secretaria de Economia of the Government of Mexico entered into an Agreement on Trade in Cement (Agreement). Effective April 3, 2006, the Agreement compromises all claims to outstanding duties from August 1, 2004, through April 2, 2006, pursuant to Section 617 of the Tariff Act of 1930, as amended (the Act). In accordance with the terms of the Agreement, all parties that requested this administrative review (i.e., the petitioner, CEMEX, and GCCC) have submitted letters withdrawing their requests for an administrative review. See Section II. 7.a. and Appendix 9 of the Agreement. Also, see letter from CEMEX to the Department dated March 6, 2006, letter from GCCC to the Department dated March 6, 2006, and letter from the petitioner to the Department dated March 6, 2006. Section 351.213(d)(1) of the Department’s regulations states that the Department will rescind an administrative review if a party requesting the review withdraws the request within 90 days of the publication of the notice of initiation. Further, 19 CFR 351.213(d)(1) allows the Department to extend the 90-day deadline if it considers it reasonable to do so. These requests are past the 90day time limit but we find that it is reasonable to extend the deadline. Therefore, we are rescinding the review of the period August 1, 2004, through July 31, 2005. In accordance with the terms of the Agreement, we will instruct U.S. Customs and Border Protection (CBP) to liquidate entries of cement produced or exported by CEMEX and GCCC which entered the United States during the period August 1, 2004, through July 31, 2005, at a rate of ten U.S. cents ($0.10) per metric ton. Further, because the Agreement compromises all claims through April 2, 2006, we will instruct CBP to liquidate entries of cement produced or exported by CEMEX and GCCC which entered the United States during the period August 1, 2005, through April 2, 2006, at a rate of ten U.S. cents ($0.10) per metric ton. This notice is in accordance with section 777(i) of the Act and 19 CFR 351.213(d)(4). Dated: April 3, 2006. David M. Spooner, Assistant Secretaryfor Import Administration. [FR Doc. E6–5115 Filed 4–6–06; 8:45 am] BILLING CODE 3510–DS–S E:\FR\FM\07APN1.SGM 07APN1

Agencies

[Federal Register Volume 71, Number 67 (Friday, April 7, 2006)]
[Notices]
[Page 17829]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-5115]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-802]


Gray Portland Cement and Clinker from Mexico: Rescission of 
Antidumping Duty Administrative Review and Compromise of Outstanding 
Claims

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

EFFECTIVE DATE: April 3, 2006

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Minoo Hatten, AD/CVD 
Operations, Office 5, 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) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Rescission of Review

    In August 2004, the petitioner, the Southern Tier Cement Committee, 
requested a review of the antidumping duty order on gray portland 
cement and clinker from Mexico with respect to sales by CEMEX, S.A. de 
C.V. (CEMEX), and CEMEX's affiliate, GCC Cemento, S.A. de C.V. (GCCC), 
during the period August 1, 2004, through July 31, 2005. In addition, 
in August 2005, CEMEX and GCCC requested reviews of their sales for the 
same period. On September 28, 2005, the Department published in the 
Federal Register a notice of initiation of this administrative review. 
See Notice of Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, Request for Revocation in Part and Deferral of 
Administrative Review (70 FR 56631).
    On March 6, 2006, the petitioner, CEMEX, and GCCC withdrew their 
requests for review and requested that the Department rescind the 
administrative review.

Compromise of Outstanding Claims

    On March 6, 2006, the Office of the United States Trade 
Representative, the United States Department of Commerce, and 
Secretaria de Economia of the Government of Mexico entered into an 
Agreement on Trade in Cement (Agreement). Effective April 3, 2006, the 
Agreement compromises all claims to outstanding duties from August 1, 
2004, through April 2, 2006, pursuant to Section 617 of the Tariff Act 
of 1930, as amended (the Act). In accordance with the terms of the 
Agreement, all parties that requested this administrative review (i.e., 
the petitioner, CEMEX, and GCCC) have submitted letters withdrawing 
their requests for an administrative review. See Section II. 7.a. and 
Appendix 9 of the Agreement. Also, see letter from CEMEX to the 
Department dated March 6, 2006, letter from GCCC to the Department 
dated March 6, 2006, and letter from the petitioner to the Department 
dated March 6, 2006. Section 351.213(d)(1) of the Department's 
regulations states that the Department will rescind an administrative 
review if a party requesting the review withdraws the request within 90 
days of the publication of the notice of initiation. Further, 19 CFR 
351.213(d)(1) allows the Department to extend the 90-day deadline if it 
considers it reasonable to do so. These requests are past the 90-day 
time limit but we find that it is reasonable to extend the deadline. 
Therefore, we are rescinding the review of the period August 1, 2004, 
through July 31, 2005.
    In accordance with the terms of the Agreement, we will instruct 
U.S. Customs and Border Protection (CBP) to liquidate entries of cement 
produced or exported by CEMEX and GCCC which entered the United States 
during the period August 1, 2004, through July 31, 2005, at a rate of 
ten U.S. cents ($0.10) per metric ton. Further, because the Agreement 
compromises all claims through April 2, 2006, we will instruct CBP to 
liquidate entries of cement produced or exported by CEMEX and GCCC 
which entered the United States during the period August 1, 2005, 
through April 2, 2006, at a rate of ten U.S. cents ($0.10) per metric 
ton.
    This notice is in accordance with section 777(i) of the Act and 19 
CFR 351.213(d)(4).

    Dated: April 3, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E6-5115 Filed 4-6-06; 8:45 am]
BILLING CODE 3510-DS-S

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