Gray Portland Cement and Clinker From Japan: Continuation of Antidumping Duty Order, 78240-78241 [2011-32270]

Download as PDF 78240 Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Notices jlentini on DSK4TPTVN1PROD with NOTICES and (3) a list of issues to be discussed. See 19 CFR 351.310(c). Issues raised in the hearing will be limited to those raised in the respective case briefs. The Department intends to issue the final results of this administrative review, including the results of its analysis of issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon completion of the administrative review, the Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries, in accordance with 19 CFR 351.212. The Department intends to issue appropriate appraisement instructions for the company subject to this review directly to CBP 15 days after the date of publication of the final results of this review. Where Aquapharm reported entered value for its U.S. sales, we will calculate importer-specific ad valorem duty assessment rates based on the ratio of the total amount of antidumping duties calculated for the examined sales to the total entered value of the examined sales for that importer. Where Aquapharm did not report entered value for its U.S. sales, we will calculate importer-specific per-unit duty assessment rates by aggregating the total amount of antidumping duties calculated for the examined sales and dividing this amount by the total quantity of those sales. To determine whether the duty assessment rates are de minimis, in accordance with the requirement set forth in 19 CFR 351.106(c)(2), we will calculate importer-specific ad valorem ratios based on the estimated entered value. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review if any 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 will instruct CBP to liquidate without regard to antidumping duties any entries for which the assessment rate is de minimis (i.e., less than 0.50 percent). The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable. The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003. See Antidumping and Countervailing Duty Proceedings: VerDate Mar<15>2010 16:42 Dec 15, 2011 Jkt 226001 Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice). This clarification will apply to entries of subject merchandise during the POR produced by the company included in these final results of review for which the reviewed company did not know that the merchandise it sold to the intermediary (e.g., a reseller, trading company, or exporter) was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate effective during the POR if there is no rate for the intermediary involved in the transaction. See Assessment Policy Notice for a full discussion of this clarification. 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 administrative review, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for the company listed above will be that established in the final results of this review, except if the rate is less than 0.50 percent and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for previously reviewed or investigated companies not participating in this review, 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 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; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 3.10 percent, the all-others rate made effective by the LTFV investigation. See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from India: Notice of Final Determination of Sales at Less Than Fair Value, 74 FR 10543 (March 11, 2009). These requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary 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 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 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 administrative review and notice are published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221. Dated: December 11, 2011. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2011–32262 Filed 12–15–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–588–815] Gray Portland Cement and Clinker From Japan: Continuation of Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On May 2, 2011, the Department of Commerce (the Department) initiated the third sunset review of the antidumping duty order on gray portland cement and clinker from Japan, 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). As a result of the determination by the Department and the International Trade Commission (ITC) that revocation of the antidumping duty order on gray portland cement and clinker from Japan would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing a notice of continuation of this antidumping duty order. DATES: Effective Date: December 16, 2011. FOR FURTHER INFORMATION CONTACT: Catherine Cartsos or Minoo Hatten, AD/ CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1757 or (202) 482– 1690, respectively. SUPPLEMENTARY INFORMATION: AGENCY: 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 E:\FR\FM\16DEN1.SGM 16DEN1 Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Notices clinker from Japan 1 pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). See Notice of Initiation. As a result of this sunset review, the Department determined that revocation of the antidumping duty order on gray portland cement and clinker from Japan would likely lead to continuation or recurrence of dumping and notified the ITC of the magnitude of the margins likely to prevail should the order be revoked. See Gray Portland Cement and Clinker From Japan: Final Results of the Expedited Third Sunset Review of the Antidumping Duty Order, 76 FR 54206 (August 31, 2011). On December 8, 2011, the ITC published its determination in the Federal Register, pursuant to section 751(c) of the Act, that revocation of the antidumping duty order on gray portland cement and clinker from Japan would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. See Gray Portland Cement and Clinker From Japan, 76 FR 76760 (December 8, 2011), and USITC Publication 4281 (December 2011) entitled Gray Portland Cement and Cement Clinker From Japan (Inv. Nos. 731–TA–461 (Third Review)). 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 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 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). 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) VerDate Mar<15>2010 16:42 Dec 15, 2011 Jkt 226001 Continuation of Order As a result of the determination by the Department and the ITC that revocation of the antidumping duty order would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the antidumping duty order on gray portland cement and clinker from Japan. U.S. Customs and Border Protection will continue to collect antidumping 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 of this notice of continuation in the Federal Register. Pursuant to sections 751(c)(2) and 751(c)(6)(A) of the Act, the Department intends to initiate the next five-year review of this order not later than 30 days prior to the fifth anniversary of the effective date of continuation. This five-year sunset review and this notice is in accordance with section 751(c) of the Act and is published pursuant to section 777(i) of the Act and 19 CFR 351.218(f)(4). Dated: December 8, 2011. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. [FR Doc. 2011–32270 Filed 12–15–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Limitation of Duty-Free Imports of Apparel Articles Assembled in Haiti Under the Haitian Hemispheric Opportunity Through Partnership for Encouragement Act (HOPE) Department of Commerce, International Trade Administration. ACTION: Notification of Annual Quantitative Limit on Certain Apparel under HOPE. AGENCY: DATES: Effective Date: December 20, 2011. FOR FURTHER INFORMATION CONTACT: Maria Dybczak, International Trade Specialist, Office of Textiles and Apparel, U.S. Department of Commerce, (202) 482–3651. SUPPLEMENTARY INFORMATION: Authority: The Caribbean Basin Recovery Act (‘‘CBERA’’), as amended (‘‘Nittetsu Super Fine’’ cement is not within the scope of the order). PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 78241 by the Haitian Hemispheric Opportunity Through Partnership for Encouragement Act of 2006 (‘‘HOPE’’), Title V of the Tax Relief and Health Care Act of 2006 and the Food, Conservation, and Energy Act of 2008 (‘‘HOPE II’’); the Haiti Economic Lift Program Act of 2010 (‘‘HELP’’); and implemented by Presidential Proclamations No. 8114, 72 FR 13655, 13659 (March 22, 2007), and No. 8596, 75 FR 68153 (November 4, 2010). HOPE provides for duty-free treatment for certain apparel articles imported directly from Haiti. Section 213A(b)(1)(B) of HOPE outlines the requirements for certain apparel articles to qualify for duty-free treatment under a ‘‘value-added’’ program. In order to qualify for duty-free treatment, apparel articles must be wholly assembled, or knit-to-shape, in Haiti from any combination of fabrics, fabric components, components knit-to-shape, and yarns, as long as the sum of the cost or value of materials produced in Haiti or one or more countries, as described in HOPE, or any combination thereof, plus the direct costs of processing operations performed in Haiti or one or more countries, as described in HOPE, or any combination thereof, is not less than an applicable percentage of the declared customs value of such apparel articles. Pursuant to HELP, the applicable percentage for the period December 20, 2011 through December 19, 2012, is 50 percent or more. For every twelve month period following the effective date of HOPE, duty-free treatment under the valueadded program is subject to a quantitative limitation. HOPE provides that the quantitative limitation will be recalculated for each subsequent 12month period. Section 213A(b)(1)(C) of HOPE, as amended by HOPE II and HELP, requires that, for the twelvemonth period beginning on December 20, 2011, the quantitative limitation for qualifying apparel imported from Haiti under the value-added program will be an amount equivalent to 1.25 percent of the aggregate square meter equivalent of all apparel articles imported into the United States in the most recent 12month period for which data are available. The aggregate square meters equivalent of all apparel articles imported into the United States is derived from the set of Harmonized System lines listed in the Annex to the World Trade Organization Agreement on Textiles and Clothing (‘‘ATC’’), and the conversion factors for units of measure into square meter equivalents used by the United States in implementing the ATC. For purposes of this notice, the most recent 12-month E:\FR\FM\16DEN1.SGM 16DEN1

Agencies

[Federal Register Volume 76, Number 242 (Friday, December 16, 2011)]
[Notices]
[Pages 78240-78241]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32270]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-815]


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

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

SUMMARY: On May 2, 2011, the Department of Commerce (the Department) 
initiated the third sunset review of the antidumping duty order on gray 
portland cement and clinker from Japan, 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). As a result of the determination by the Department and the 
International Trade Commission (ITC) that revocation of the antidumping 
duty order on gray portland cement and clinker from Japan would likely 
lead to continuation or recurrence of dumping and material injury to an 
industry in the United States, the Department is publishing a notice of 
continuation of this antidumping duty order.

DATES: Effective Date: December 16, 2011.

FOR FURTHER INFORMATION CONTACT: Catherine Cartsos or Minoo Hatten, AD/
CVD Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution 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

[[Page 78241]]

clinker from Japan \1\ pursuant to section 751(c) of the Tariff Act of 
1930, as amended (the Act). See 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).
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    As a result of this sunset review, the Department determined that 
revocation of the antidumping duty order on gray portland cement and 
clinker from Japan would likely lead to continuation or recurrence of 
dumping and notified the ITC of the magnitude of the margins likely to 
prevail should the order be revoked. See Gray Portland Cement and 
Clinker From Japan: Final Results of the Expedited Third Sunset Review 
of the Antidumping Duty Order, 76 FR 54206 (August 31, 2011).
    On December 8, 2011, the ITC published its determination in the 
Federal Register, pursuant to section 751(c) of the Act, that 
revocation of the antidumping duty order on gray portland cement and 
clinker from Japan would likely lead to continuation or recurrence of 
material injury to an industry in the United States within a reasonably 
foreseeable time. See Gray Portland Cement and Clinker From Japan, 76 
FR 76760 (December 8, 2011), and USITC Publication 4281 (December 2011) 
entitled Gray Portland Cement and Cement Clinker From Japan (Inv. Nos. 
731-TA-461 (Third Review)).

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).
---------------------------------------------------------------------------

Continuation of Order

    As a result of the determination by the Department and the ITC that 
revocation of the antidumping duty order would likely lead to 
continuation or recurrence of dumping and material injury to an 
industry in the United States, pursuant to section 751(d)(2) of the 
Act, the Department hereby orders the continuation of the antidumping 
duty order on gray portland cement and clinker from Japan.
    U.S. Customs and Border Protection will continue to collect 
antidumping 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 of this 
notice of continuation in the Federal Register. Pursuant to sections 
751(c)(2) and 751(c)(6)(A) of the Act, the Department intends to 
initiate the next five-year review of this order not later than 30 days 
prior to the fifth anniversary of the effective date of continuation.
    This five-year sunset review and this notice is in accordance with 
section 751(c) of the Act and is published pursuant to section 777(i) 
of the Act and 19 CFR 351.218(f)(4).

     Dated: December 8, 2011.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. 2011-32270 Filed 12-15-11; 8:45 am]
BILLING CODE 3510-DS-P

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