Gray Portland Cement and Clinker From Mexico: Initiation of an Antidumping Duty Changed-Circumstances Review, 328-329 [06-9977]

Download as PDF mstockstill on PROD1PC61 with NOTICES 328 Federal Register / Vol. 72, No. 2 / Thursday, January 4, 2007 / Notices Sales at Less Than Fair Value for Carbazole Violet Pigment 23 from the People’s Republic of China, 69 FR 67304 (November 17, 2004) (‘‘Final Determination’’). The final judgment in this case was not in harmony with the Department’s Final Determination. EFFECTIVE DATE: December 18, 2006. FOR FURTHER INFORMATION CONTACT: Paul Stolz or Charles Riggle, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington DC 20230; telephone: (202) 482–4474 or (202) 482– 0650, respectively. SUPPLEMENTARY INFORMATION: In Goldlink Industries Co., Ltd., Trust Chem Co., Ltd., Tianjin Hanchem International Trading Co., Ltd. v. United States, 431 F. Supp. 2d 1323 (CIT 2006), the CIT remanded the underlying final determination to the Department to (1) re–examine its determination to apply total adverse facts available (‘‘AFA’’) to Tianjin Hanchem International Trading Co., Ltd. (‘‘Hanchem’’); (2) further explain its determination that the subsidies Pidilite Industries, Ltd. (‘‘Pidilite’’), an Indian producer of CVP, received did not distort Pidilite’s financial ratios; (3) re–examine the surrogate values for benzene sulfonyl chloride, calcium chloride and steam; (4) either include terminal charges and brokerage fees in movement costs or precisely and reasonably explain its decision not to include such costs; and (5) re–open the record and allow parties to submit new information as necessary. On September 22, 2006, the Department released the Draft Remand Redetermination to interested parties and requested that they submit comments by September 27, 2006. The petitioners submitted comments on September 27, 2006. Respondents did not submit comments. On October 16, 2006, the Department issued to the CIT its final results of redetermination pursuant to remand. In the remand redetermination the Department (1) applied partial AFA to Hanchem; (2) explained how the subsidies Pidilite received did not distort Pidilite’s financial ratios; (3) re–calculated the surrogate values for benzene sulfonyl chloride, calcium chloride and steam; (4) explained why it is not appropriate to include terminal charges and brokerage fees in movement costs; and (5) re–opened the record and allowed parties to submit new information with respect to the surrogate value of steam. Thus, the Department recalculated the antidumping duty rates applicable to Goldlink Industries Co., Ltd., Trust VerDate Aug<31>2005 15:51 Jan 03, 2007 Jkt 211001 Chem Co., Ltd., Hanchem, Nantong Haidi Chemicals Co., Ltd., and the PRC– wide entity. On December 8, 2006, the CIT sustained the final redetermination made by the Department pursuant to the CIT’s remand of the Final Determination. In its decision in Timken Co., v. United States, 893 F.2d 337, 341 (Fed. Cir. 1990) (‘‘Timken’’), the United States Court of Appeals for the Federal Circuit (‘‘CAFC’’) held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Department must publish a notice of a court decision that is not ‘‘in harmony’’ with a Department determination, and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s decision in this case on December 8, 2006, constitutes a final decision of the court that is not in harmony with the Department’s Final Determination. This notice is published in fulfillment of the publication requirements of Timken. Accordingly, the Department will continue the suspension of liquidation of the subject merchandise pending the expiration of the period of appeal or, if appealed, pending a final and conclusive court decision. In the event the CIT’s ruling is not appealed or, if appealed, upheld by the CAFC, the Department will instruct U.S. Customs and Border Protection to revise the cash deposit rates covering the subject merchandise. This notice is issued and published in accordance with section 516A(c)(1) of the Act. Dated: December 27, 2006. Stephen J. Claeys, Acting Assistant Secretary for Import Administration. [FR Doc. E6–22559 Filed 1–3–07; 8:45 am] Billing Code: 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–201–802] Gray Portland Cement and Clinker From Mexico: Initiation of an Antidumping Duty ChangedCircumstances Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to a request for a changed-circumstances review from Holcim Apasco, S.A. de C.V. (Apasco) and pursuant to Section II.B.6 of the Agreement between the Office of the United States Trade Representative, the United States Department of Commerce AGENCY: PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 and Secretaria de Economia on Trade in Mexican Cement (the Agreement) dated March 6, 2006, the Department of Commerce is initiating a changedcircumstances review of the antidumping duty order on gray portland cement and clinker from Mexico. EFFECTIVE DATE: January 4, 2007. FOR FURTHER INFORMATION CONTACT: George Callen at (202) 482–0180 or Minoo Hatten at (202) 482–1690, AD/ CVD Operations, Office 5, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On August 30, 1990, the Department of Commerce (the Department) published the antidumping duty order on gray portland cement and clinker from Mexico (Mexican cement). See Antidumping Duty Order: Gray Portland Cement and Clinker From Mexico, 55 FR 35443. According to the Agreement, upon request, the Department ‘‘shall conduct an expedited changedcircumstances review to establish a new estimated duty deposit rate for any Mexican Cement exporter (and its affiliated parties) that’’: (a) Had an estimated duty deposit rate under the Mexican Cement Order; (b) did not receive the new estimated duty deposit rate of three U.S. dollars ($3.00) per metric ton referenced in Section II.A.4.b of this Agreement; and (c) exported Mexican Cement to the United States in the year preceding the Effective Date or exports Mexican Cement to the United States while the Agreement remains in force. On December 14, 2006, pursuant to section II.B.6 of the Agreement, Apasco requested that the Department conduct a changed-circumstances review of certain export sales of the subject merchandise to the United States made by Apasco during the period October through December 2006. Scope of the Order The products subject to 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 of 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 E:\FR\FM\04JAN1.SGM 04JAN1 Federal Register / Vol. 72, No. 2 / Thursday, January 4, 2007 / Notices under HTSUS item number 2523.10. Gray portland cement has also been entered under HTSUS item number 2523.90 as ‘‘other hydraulic cements.’’ Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this proceeding is dispositive. DEPARTMENT OF COMMERCE Initiation of Changed-Circumstances Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On September 7, 2006, the Department of Commerce published the preliminary results of the administrative review of the antidumping duty order on structural steel beams from Korea. See Structural Steel Beams from Korea: Preliminary Results of Antidumping Duty Administrative Review, 71 FR 52766 (September 7, 2006) (Preliminary Results). This administrative review covers INI Steel Company and Dongkuk Steel Mill Co., Ltd., manufacturers and exporters of the subject merchandise. The period of review is August 1, 2004, through July 31, 2005. We did not receive any comments from parties, and we have not made any changes to our analysis. The final weighted–average dumping margins for the reviewed firms are thus unchanged from our preliminary results of review, and are shown in the section entitled ‘‘Final Results of Review.’’ EFFECTIVE DATE: January 4, 2007. FOR FURTHER INFORMATION CONTACT: Maryanne Burke or Steve Bezirganian, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482–5604 or (202) 482– 1131, respectively. SUPPLEMENTARY INFORMATION: mstockstill on PROD1PC61 with NOTICES Dated: December 27, 2006. Stephen J. Claeys, Acting Assistant Secretary for Import Administration. [FR Doc. 06–9977 Filed 12–29–06; 4:10 pm] VerDate Aug<31>2005 15:51 Jan 03, 2007 Jkt 211001 (A–580–841) Structural Steel Beams from Korea: Notice of Final Results of Antidumping Duty Administrative Review AGENCY: Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (the Act), 19 CFR 351.216 (2005), and Section II.B.6 of the Agreement, the Department will conduct a changed-circumstances review upon receipt of information concerning, or a request from an interested party for a review of, an antidumping duty order which shows changed circumstances sufficient to warrant a review of the order. Apasco claims that it has satisfied the criteria detailed above to warrant such a review. See 19 CFR 351.216(d) and II.B.6 of the Agreement. We agree. Therefore, in accordance with the above-referenced regulation, the Department is initiating a changed-circumstances review. The Department will issue questionnaires requesting factual information for the review, and will publish in the Federal Register a notice of preliminary results of antidumping duty changedcircumstances review, in accordance with 19 CFR 351.221(b)(2) and (4), and 19 CFR 351.221(c)(3)(i). The notice will set forth the factual and legal conclusions upon which our preliminary results are based. Pursuant to 19 CFR 351.221(b)(4)(ii), interested parties will have an opportunity to comment on the preliminary results of review. Recognizing that the Agreement specifies an expedited review, we will make every effort to issue final results of review in an expeditious manner, but no later than the regulatory deadline in accordance with 19 CFR 351.216(e). During the course of this antidumping duty changed circumstances review, we will not change the cash deposit requirements for the merchandise subject to review. The cash deposit will be altered, if warranted, pursuant only to the final results of this review. This notice of initiation is in accordance with section 751(b)(1) of the Act, 19 CFR 351.216(b) and (d), and 19 CFR 351.221(b)(1). BILLING CODE 3510–DS–P International Trade Administration Background On September 7, 2006, the Department published in the Federal Register its preliminary results of the administrative review of structural steel beams from Korea for the period August 1, 2004 through July 31, 2005. See Preliminary Results. No party commented on Preliminary Results. Scope of the Order The products covered by this order are doubly–symmetric shapes, whether hot–or cold–rolled, drawn, extruded, formed or finished, having at least one dimension of at least 80 mm (3.2 inches or more), whether of carbon or alloy (other than stainless) steel, and whether or not drilled, punched, notched, painted, coated or clad. These products include, but are not limited to, wide– PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 329 flange beams (‘‘W’’ shapes), bearing piles (‘‘HP’’ shapes), standard beams (‘‘S’’ or ‘‘I’’ shapes) and M–shapes. All products that meet the physical and metallurgical descriptions provided above are within the scope of this order unless otherwise excluded. The following products are outside and/or specifically excluded from the scope of this order: structural steel beams greater than 400 pounds per linear foot or with a web or section height (also known as depth) over 40 inches. The merchandise subject to this order is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) at subheadings: 7216.32.00000, 7216.33.0030, 7216.33.0060, 7216.33.0090, 7216.50.0000, 7216.61.0000, 7216.69.0000, 7216.99.0010, 7216.99.0090, 7228.70.3010, 7228.70.3041, and 7228.70.6000. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive. Changes Since the Preliminary Results As noted above, no parties commented on Preliminary Results. The Department is making no changes to its preliminary analysis. Final Results of Review: As a result of our review, we determine that the following weighted– average margins exist for the period of August 1, 2004, through July 31, 2005: Manufacturer/Exporter INI Steel Company ..................... Dongkuk Steel Mill Co., Ltd. ....... Margin 1.91% 0.00% Assessment Rates The Department will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries, pursuant to section 751(a)(1)(B) of the Tariff Act of 1930 (the Act), and 19 CFR 351.212(b). The Department calculated importer– specific duty assessment rates (or, when the importer was unknown by the respondent, customer–specific duty assessment rates) on the basis of the ratio of the total amount of antidumping duties calculated for the examined sales observations involving each importer (or customer, when appropriate) to the total entered value of the examined sales observations for that importer (or customer, when appropriate). The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003. This clarification will apply to entries of structural steel beams during the POR produced by INI Steel E:\FR\FM\04JAN1.SGM 04JAN1

Agencies

[Federal Register Volume 72, Number 2 (Thursday, January 4, 2007)]
[Notices]
[Pages 328-329]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-9977]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-802]


Gray Portland Cement and Clinker From Mexico: Initiation of an 
Antidumping Duty Changed-Circumstances Review

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

SUMMARY: In response to a request for a changed-circumstances review 
from Holcim Apasco, S.A. de C.V. (Apasco) and pursuant to Section 
II.B.6 of the Agreement between the Office of the United States Trade 
Representative, the United States Department of Commerce and Secretaria 
de Economia on Trade in Mexican Cement (the Agreement) dated March 6, 
2006, the Department of Commerce is initiating a changed-circumstances 
review of the antidumping duty order on gray portland cement and 
clinker from Mexico.

EFFECTIVE DATE: January 4, 2007.

FOR FURTHER INFORMATION CONTACT: George Callen at (202) 482-0180 or 
Minoo Hatten at (202) 482-1690, AD/CVD Operations, Office 5, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230.

SUPPLEMENTARY INFORMATION:

Background

    On August 30, 1990, the Department of Commerce (the Department) 
published the antidumping duty order on gray portland cement and 
clinker from Mexico (Mexican cement). See Antidumping Duty Order: Gray 
Portland Cement and Clinker From Mexico, 55 FR 35443. According to the 
Agreement, upon request, the Department ``shall conduct an expedited 
changed-circumstances review to establish a new estimated duty deposit 
rate for any Mexican Cement exporter (and its affiliated parties) 
that'': (a) Had an estimated duty deposit rate under the Mexican Cement 
Order; (b) did not receive the new estimated duty deposit rate of three 
U.S. dollars ($3.00) per metric ton referenced in Section II.A.4.b of 
this Agreement; and (c) exported Mexican Cement to the United States in 
the year preceding the Effective Date or exports Mexican Cement to the 
United States while the Agreement remains in force.
    On December 14, 2006, pursuant to section II.B.6 of the Agreement, 
Apasco requested that the Department conduct a changed-circumstances 
review of certain export sales of the subject merchandise to the United 
States made by Apasco during the period October through December 2006.

Scope of the Order

    The products subject to 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 of 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

[[Page 329]]

under HTSUS item number 2523.10. Gray portland cement has also been 
entered under HTSUS item number 2523.90 as ``other hydraulic cements.'' 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of this proceeding is 
dispositive.

Initiation of Changed-Circumstances Review

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(the Act), 19 CFR 351.216 (2005), and Section II.B.6 of the Agreement, 
the Department will conduct a changed-circumstances review upon receipt 
of information concerning, or a request from an interested party for a 
review of, an antidumping duty order which shows changed circumstances 
sufficient to warrant a review of the order. Apasco claims that it has 
satisfied the criteria detailed above to warrant such a review. See 19 
CFR 351.216(d) and II.B.6 of the Agreement. We agree. Therefore, in 
accordance with the above-referenced regulation, the Department is 
initiating a changed-circumstances review. The Department will issue 
questionnaires requesting factual information for the review, and will 
publish in the Federal Register a notice of preliminary results of 
antidumping duty changed-circumstances review, in accordance with 19 
CFR 351.221(b)(2) and (4), and 19 CFR 351.221(c)(3)(i). The notice will 
set forth the factual and legal conclusions upon which our preliminary 
results are based. Pursuant to 19 CFR 351.221(b)(4)(ii), interested 
parties will have an opportunity to comment on the preliminary results 
of review. Recognizing that the Agreement specifies an expedited 
review, we will make every effort to issue final results of review in 
an expeditious manner, but no later than the regulatory deadline in 
accordance with 19 CFR 351.216(e). During the course of this 
antidumping duty changed circumstances review, we will not change the 
cash deposit requirements for the merchandise subject to review. The 
cash deposit will be altered, if warranted, pursuant only to the final 
results of this review.
    This notice of initiation is in accordance with section 751(b)(1) 
of the Act, 19 CFR 351.216(b) and (d), and 19 CFR 351.221(b)(1).

    Dated: December 27, 2006.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. 06-9977 Filed 12-29-06; 4:10 pm]
BILLING CODE 3510-DS-P

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