Gray Portland Cement and Clinker From Japan: Final Results of the Expedited Third Sunset Review of the Antidumping Duty Order, 54206-54207 [2011-22334]

Download as PDF 54206 Federal Register / Vol. 76, No. 169 / Wednesday, August 31, 2011 / Notices jlentini on DSK4TPTVN1PROD with NOTICES of the total amount of antidumping duties calculated for the examined sales and the total entered value of the examined sales. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review if the importer-specific assessment rate calculated in the final results of this review is above de minimis (i.e., at or above 0.50 percent). Pursuant to 19 CFR 351.106(c)(2), we intend to instruct CBP to liquidate without regard to antidumping duties any entries for which the assessment rate is zero or de minimis (i.e., less than 0.50 percent). See 19 CFR 351.106(c)(1). Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this new shipper review, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for subject merchandise that is manufactured by Enzo Juan Garaventa or Villamora and exported by Enzo Juan Garaventa or Villamora will be the rate established in the final results of this new shipper review, except no cash deposit will be required if its weighted-average margin is de minimis (i.e., less than 0.5 percent); (2) if the exporter is not a firm covered in this review, but was covered in a previous review or the original lessthan-fair-value (LTFV) investigation, 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 review, a previous review, or the original 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; and (4) the cash deposit rate for all other manufacturers and/or exporters of this merchandise, shall be 30.24 percent, the all-others rate established in the LTFV investigation. See Notice of Antidumping Duty Order; Honey From Argentina, 66 FR 63672 (December 10, 2001). These requirements, when imposed, shall remain in effect until further notice. Further, effective upon publication of the final results, we intend to instruct CBP that importers may no longer post a bond or other security in lieu of a cash deposit on imports of honey from Argentina, manufactured by Enzo Juan Garaventa or Villamora and exported by Enzo Juan Garaventa or Villamora. These cash deposit requirements, when imposed, shall remain in effect until further notice. VerDate Mar<15>2010 16:51 Aug 30, 2011 Jkt 223001 Disclosure and Public Hearing The Department will disclose to parties the calculations performed in connection with these preliminary results within five days of the date of public announcement. See 19 CFR 351.224(b). Unless notified by the Department, pursuant to 19 CFR 351.309(c)(ii), interested parties may submit cases briefs not later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the deadline for filing the case briefs. See 19 CFR 351.309(d). Parties who submit case briefs or rebuttal briefs in this proceeding are requested to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Additionally, parties are requested to provide their case briefs and rebuttal briefs in electronic format (e.g., WordPerfect, Microsoft Word, Adobe Acrobat, etc.). Interested parties who wish to request a hearing or to participate if one is requested must submit a written request to the Assistant Secretary for Import Administration within 30 days of the date of publication of this notice. Requests should contain: (1) The party’s name, address and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the case and rebuttal briefs. See 19 CFR 351.310(c). Beginning August 5, 2011, with certain limited exceptions, interested parties are required to file electronically all submissions for all proceedings using Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). An electronically-filed document must be successfully received in its entirety by the Department’s electronic records system, IA ACCESS, by the time and date of the abovereferenced deadline for the submission of case briefs. Documents excepted from the electronic submission requirements, must be filed manually (i.e., in paper form) with the APO/Dockets Unit in Room 1870 and stamped with the date and time of receipt by the deadline. See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011).2 The Department will issue the final results of this review, including the results of its analysis of issues raised in 2 Available online at https://www.gpo.gov/fdsys/ pkg/FR-2011-07-06/pdf/2011-16352.pdf. PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 any written briefs, within 90 days of signature of these preliminary results, unless the final results are extended. See section 751(a)(2)(B)(iv) of the Act. Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) 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 Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. This new shipper review is issued and published in accordance with sections 751(a)(2)(B)(iv) and 777(i)(1) of the Act, as well as 19 CFR 351.214(i).3 Dated: August 24, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–22332 Filed 8–30–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–588–815] Gray Portland Cement and Clinker From Japan: Final Results of the Expedited Third Sunset Review of the Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department has conducted an expedited (120-day) third sunset review of the antidumping duty order on gray portland cement and clinker from Japan. As a result of this third sunset review, the Department finds that revocation of the antidumping duty order would be likely to lead to continuation or recurrence of dumping as indicated in the ‘‘Final Results of Review’’ section of this notice. DATES: Effective Date: August 31, 2011. FOR FURTHER INFORMATION CONTACT: Catherine Cartsos or Minoo Hatten, AD/CVD Operations, Office 5, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution AGENCY: 3 There was an earthquake on Tuesday, August 23, 2011, which resulted in the Commerce building being closed from 2 pm until COB on that day. Because the closure affected our ability to issue this determination within the statutory deadline, we have tolled the deadline by one day. E:\FR\FM\31AUN1.SGM 31AUN1 Federal Register / Vol. 76, No. 169 / Wednesday, August 31, 2011 / Notices Avenue, NW., Washington, DC 20230; telephone: (202) 482–1757 or (202) 482– 1690, respectively. SUPPLEMENTARY INFORMATION: Background On May 2, 2011, the Department published the notice of initiation of the third sunset review of the antidumping duty order on gray portland cement and clinker from Japan 1 pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). See Initiation of Five-Year (‘‘Sunset’’) Review, 76 FR 24459 (May 2, 2011) (Notice of Initiation). The Department received notice of intent to participate in this third sunset review from the domestic interested party, Committee for Fairly Traded Japanese Cement (domestic interested party), within the 15-day period specified in 19 CFR 351.218(d)(1)(i). The domestic interested party 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. The Department received a complete substantive response to the Notice of Initiation from the domestic interested party within the 30-day period specified in 19 CFR 351.218(d)(3)(i). The Department received no responses from any respondent interested parties. In accordance with section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department is conducting an expedited (120-day) third sunset review of the antidumping duty order on gray portland cement and clinker from Japan. jlentini on DSK4TPTVN1PROD with NOTICES 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 antidumping duty order. Cement is currently classifiable under the Harmonized Tariff Schedule (HTS) item number 2523.29 and cement clinker is currently classifiable under HTS item number 2523.10. Cement has also been 1 See 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). VerDate Mar<15>2010 16:51 Aug 30, 2011 Jkt 223001 entered under HTS item number 2523.90 as ‘‘other hydraulic cements.’’ The HTS item numbers are provided for convenience and customs purposes. The written product description remains dispositive as to the scope of the product covered by the order.2 Analysis of Comments Received All issues raised in this review are addressed in the ‘‘Issues and Decision Memorandum for the Final Results of the Expedited Third Sunset Review of the Antidumping Duty Order on Gray Portland Cement and Clinker from Japan’’ from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration, dated concurrently with this notice (I&D Memo), which is hereby adopted by this notice. The issues discussed in the I&D Memo include the likelihood of continuation or recurrence of dumping and the magnitude of the dumping margins likely to prevail if the order was revoked. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in this public memorandum which is on file in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the I&D Memo can be accessed directly on the Web at https://ia.ita.doc.gov/frn. The paper copy and electronic version of the I&D Memo are identical in content. 54207 Notification Regarding APO This notice 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(a). Timely written notification of the 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. The Department is issuing and publishing the final results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act. Dated: August 18, 2011. Christian Marsh, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–22334 Filed 8–30–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–475–822] Stainless Steel Plate in Coils From Italy: Revocation of Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On June 2, 2010, the Department of Commerce (the Department) initiated a second sunset review of the antidumping duty order Final Results of Review on stainless steel plate in coils (SSPC) The Department determines that from Italy. See Initiation of Five-Year revocation of the antidumping duty (‘‘Sunset’’) Review, 75 FR 30777 (June 2, order on gray portland cement and 2010) (Initiation). Pursuant to section clinker from Japan would be likely to 751(c) of the Tariff Act of 1930, as amended (the Act), the International lead to continuation or recurrence of Trade Commission (ITC) determined dumping at the following weightedthat revocation of this order would not average dumping margins: be likely to lead to continuation or Weighted- recurrence of material injury to an Average industry in the United States within a Company dumping reasonably foreseeable time. See margin Stainless Steel Plate From Belgium, (percent) Italy, Korea, South Africa, and Taiwan, Onoda Cement Company, Ltd ... 70.52 76 FR 50495 (August 15, 2011) (ITC Nihon Cement Company, Ltd ..... 69.89 Final). Therefore, pursuant to section 751(d)(2) of the Act and 19 CFR All Other Manufacturers/Producers/Exporters ..................... 70.23 351.222(i)(1)(iii), the Department is revoking the antidumping duty order on SSPC from Italy. 2 The Department has made two scope rulings DATES: Effective Date: July 18, 2010. regarding subject merchandise. See Scope Rulings, 57 FR 19602 (May 7, 1992) (classes G and H of oil FOR FURTHER INFORMATION CONTACT: well cement are within the scope of the order), and Hector Rodriguez or Elizabeth Scope Rulings, 58 FR 27542 (May 10, 1993) Eastwood, AD/CVD Operations, Office (‘‘Nittetsu Super Fine’’ cement is not within the scope of the order). 2, Import Administration, International PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 AGENCY: E:\FR\FM\31AUN1.SGM 31AUN1

Agencies

[Federal Register Volume 76, Number 169 (Wednesday, August 31, 2011)]
[Notices]
[Pages 54206-54207]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22334]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-815]


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

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

SUMMARY: The Department has conducted an expedited (120-day) third 
sunset review of the antidumping duty order on gray portland cement and 
clinker from Japan. As a result of this third sunset review, the 
Department finds that revocation of the antidumping duty order would be 
likely to lead to continuation or recurrence of dumping as indicated in 
the ``Final Results of Review'' section of this notice.

DATES: Effective Date: August 31, 2011.

FOR FURTHER INFORMATION CONTACT: Catherine Cartsos or Minoo Hatten, AD/
CVD Operations, Office 5, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution

[[Page 54207]]

Avenue, NW., Washington, DC 20230; telephone: (202) 482-1757 or (202) 
482-1690, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On May 2, 2011, the Department published the notice of initiation 
of the third sunset review of the antidumping duty order on gray 
portland cement and clinker from Japan \1\ pursuant to section 751(c) 
of the Tariff Act of 1930, as amended (the Act). See Initiation of 
Five-Year (``Sunset'') Review, 76 FR 24459 (May 2, 2011) (Notice of 
Initiation).
---------------------------------------------------------------------------

    \1\ See 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).
---------------------------------------------------------------------------

    The Department received notice of intent to participate in this 
third sunset review from the domestic interested party, Committee for 
Fairly Traded Japanese Cement (domestic interested party), within the 
15-day period specified in 19 CFR 351.218(d)(1)(i). The domestic 
interested party 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.
    The Department received a complete substantive response to the 
Notice of Initiation from the domestic interested party within the 30-
day period specified in 19 CFR 351.218(d)(3)(i). The Department 
received no responses from any respondent interested parties. In 
accordance with section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2), the Department is conducting an expedited 
(120-day) third sunset review of the antidumping duty order on gray 
portland cement and clinker from Japan.

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 antidumping 
duty order. Cement is currently classifiable under the Harmonized 
Tariff Schedule (HTS) item number 2523.29 and cement clinker is 
currently classifiable under HTS item number 2523.10. Cement has also 
been entered under HTS item number 2523.90 as ``other hydraulic 
cements.'' The HTS item numbers are provided for convenience and 
customs purposes. The written product description remains dispositive 
as to the scope of the product covered by the order.\2\
---------------------------------------------------------------------------

    \2\ The Department 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), and 
Scope Rulings, 58 FR 27542 (May 10, 1993) (``Nittetsu Super Fine'' 
cement is not within the scope of the order).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in this review are addressed in the ``Issues and 
Decision Memorandum for the Final Results of the Expedited Third Sunset 
Review of the Antidumping Duty Order on Gray Portland Cement and 
Clinker from Japan'' from Christian Marsh, Deputy Assistant Secretary 
for Antidumping and Countervailing Duty Operations, to Ronald K. 
Lorentzen, Deputy Assistant Secretary for Import Administration, dated 
concurrently with this notice (I&D Memo), which is hereby adopted by 
this notice. The issues discussed in the I&D Memo include the 
likelihood of continuation or recurrence of dumping and the magnitude 
of the dumping margins likely to prevail if the order was revoked. 
Parties can find a complete discussion of all issues raised in this 
review and the corresponding recommendations in this public memorandum 
which is on file in the Central Records Unit, room 7046 of the main 
Department of Commerce building.
    In addition, a complete version of the I&D Memo can be accessed 
directly on the Web at https://ia.ita.doc.gov/frn. The paper copy and 
electronic version of the I&D Memo are identical in content.

Final Results of Review

    The Department determines that revocation of the antidumping duty 
order on gray portland cement and clinker from Japan would be likely to 
lead to continuation or recurrence of dumping at the following 
weighted-average dumping margins:

------------------------------------------------------------------------
                                                               Weighted-
                                                                Average
                           Company                              dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Onoda Cement Company, Ltd...................................       70.52
Nihon Cement Company, Ltd...................................       69.89
All Other Manufacturers/Producers/Exporters.................       70.23
------------------------------------------------------------------------

Notification Regarding APO

    This notice 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(a). Timely written notification 
of the 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.
    The Department is issuing and publishing the final results and 
notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the 
Act.

    Dated: August 18, 2011.
Christian Marsh,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-22334 Filed 8-30-11; 8:45 am]
BILLING CODE 3510-DS-P
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