Gray Portland Cement and Cement Clinker From Japan: Final Results of Expedited Sunset Review of the Antidumping Duty Order, 60121-60122 [2022-21522]

Download as PDF Federal Register / Vol. 87, No. 191 / Tuesday, October 4, 2022 / Notices Decision Memorandum, including the likelihood of continuation or recurrence of dumping and the magnitude of the margins of dumping likely to prevail if these Orders were revoked. A list of the issues discussed in the decision memorandum is attached as an appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. A complete version of the Issues and Decision Memorandum can be accessed directly at https:// access.trade.gov/public/FRNotices/ ListLayout.aspx. Final Results of Sunset Reviews Pursuant to sections 751(c) and 752(c) of the Act, Commerce determines that revocation of the Orders would be likely to lead to continuation or recurrence of dumping, and that the magnitude of the dumping margins likely to prevail would be weighted-average margins of up to 4.17 percent for Turkey, up to 32.01 percent for Taiwan, and up to 209.46 percent for Japan. Administrative Protective Order This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a). Timely notification of the destruction of APO materials or conversion to judicial protective orders is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties We are issuing and publishing these final results in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 19 CFR 351.218(e)(1)(ii)(C)(2) and 19 CFR 351.221(c)(5)(ii). khammond on DSKJM1Z7X2PROD with NOTICES Dated: September 28, 2022. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Orders IV. History of the Orders V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of Dumping VerDate Sep<11>2014 16:48 Oct 03, 2022 Jkt 259001 2. Magnitude of the Margins of Dumping Likely to Prevail VII. Final Results of Sunset Reviews VIII. Recommendation [FR Doc. 2022–21519 Filed 10–3–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–588–815] Gray Portland Cement and Cement Clinker From Japan: Final Results of Expedited Sunset Review of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty order on gray portland cement and cement clinker (cement and clinker) from Japan would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. DATES: Applicable October 4, 2022. FOR FURTHER INFORMATION CONTACT: Eliza Siordia, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3878. SUPPLEMENTARY INFORMATION: AGENCY: Background On May 10, 1991, Commerce published its antidumping duty order on cement and clinker from Japan.1 On July 17, 2017, Commerce published the continuation notice from the most recent sunset review of the Order.2 On June 1, 2022, Commerce published the notice of initiation of the five-year sunset review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, 1 See Final Determination of Sales at Less Than Fair Value; Gray Portland Cement and Clinker from Japan, 56 FR 12156 (March 22, 1991), as amended by 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) (Order). 2 See Gray Portland Cement and Cement Clinker from Japan: Continuation of Antidumping Duty Order, 82 FR 32682 (July 17, 2017); see also Gray Portland Cement and Cement Clinker from Japan: Final Results of Expedited Fourth Sunset Review of the Antidumping Duty Order, 82 FR 12561 (March 6, 2017). PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 60121 as amended (the Act).3 On June 16, 2022, Commerce received a notice of intent to participate in this review from the Committee for Fairly Traded Japanese Cement (Committee) within the deadline specified in 19 CFR 351.218(d)(1)(i).4 The Committee 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. On July 1, 2022, the Committee provided a complete substantive response for this review within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).5 We received no substantive responses from other interested parties, nor was a hearing requested. On July 21, 2022, Commerce notified the U.S. International Trade Commission (ITC) that it did not receive an adequate substantive response from respondent interested parties.6 As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce has conducted an expedited (120-day) sunset review of the Order. 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 Order. Cement is currently classifiable under the Harmonized Tariff Schedule (HTS) subheading 2523.29 and cement clinker is currently classifiable under HTS subheading 2523.10. Cement has also been entered under HTS subheading 2523.90 as ‘‘other hydraulic cements.’’ The HTS subheadings are provided for convenience and customs purposes. The written product description remains dispositive as to the scope of the product covered by the Order.7 3 See Initiation of Five-Year (Sunset) Reviews, 87 FR 33123 (June 1, 2022) (Notice of Initiation). 4 See Committee’s Letter, ‘‘The Domestic Industry’s Notice of Intent to Participate in Sunset Review,’’ dated June 16, 2022. 5 See Committee’s Letter, ‘‘The Domestic Industry’s Substantive Response to the Notice of Initiation,’’ dated July 1, 2022. 6 See Commerce’s Letter, ‘‘Sunset Reviews Initiated on June 1, 2022,’’ dated July 21, 2022. 7 Commerce 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); see also Scope Rulings, 58 FR 27542 (May 10, 1993) (‘‘Nittetsu Super Fine’’ cement is not within the scope of the Order). E:\FR\FM\04OCN1.SGM 04OCN1 60122 Federal Register / Vol. 87, No. 191 / Tuesday, October 4, 2022 / Notices Analysis of Comments Received All issues raised in this review are addressed in the accompanying Issues and Decision Memorandum.8 A list of topics discussed in the Issues and Decision Memorandum is included as an appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Final Results of Sunset Review Pursuant to sections 751(c) and 752(c)(1) and (3) of the Act, we determine that revocation of the Order would be likely to lead to the continuation or recurrence of dumping and that the magnitude of the margin of dumping likely to prevail would be at a rate up to 69.89 percent. Administrative Protective Order (APO) This notice serves as the only reminder to interested parties subject to an APO of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely written 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 terms of an APO is a violation which is subject to sanction. Notification to Interested Parties Commerce is issuing and publishing these final results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 351.221(c)(5)(ii). Dated: September 28, 2022. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. History of the Order V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of Dumping 2. Magnitude of the Margin of Dumping Likely to Prevail VII. Final Results of Sunset Review VIII. Recommendation [FR Doc. 2022–21522 Filed 10–3–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUPPLEMENTARY INFORMATION: AGENCY: Background Every five years, pursuant to the Tariff Act of 1930, as amended (the Act), the Department of Commerce (Commerce) and the International Trade Commission automatically initiate and conduct reviews to determine whether revocation of a countervailing or antidumping duty order or termination of an investigation suspended under section 704 or 734 of the Act would be likely to lead to continuation or recurrence of dumping or a countervailable subsidy (as the case may be) and of material injury. Upcoming Sunset Reviews for November 2022 Pursuant to section 751(c) of the Act, the following Sunset Reviews are scheduled for initiation in November 2022 and will appear in that month’s Notice of Initiation of Five-Year Sunset Reviews (Sunset Review). Department contact High Pressure Steel Cylinders Stainless Steel Butt-weld Pipe Stainless Steel Butt-weld Pipe Stainless Steel Butt-weld Pipe Antidumping Duty Proceedings from China A–570–977 (2nd Review) ........................................................ Fittings from Italy A–475–828 (4th Review) ............................................... Fittings from Malaysia A–557–809 (4th Review) ........................................ Fittings from Philippines A–565–801 (4th Review) .................................... Countervailing Duty Proceedings High Pressure Steel Cylinders from China C–570–978 (2nd Review) ........................................................ khammond on DSKJM1Z7X2PROD with NOTICES Suspended Investigations No Sunset Review of suspended investigations is scheduled for initiation in November 2022. Commerce’s procedures for the conduct of Sunset Review are set forth in 19 CFR 351.218. The Notice of Initiation of Five-Year (Sunset) Review provides further information regarding what is required of all parties to participate in Sunset Review. Pursuant to 19 CFR 351.103(c), Commerce will maintain and make 8 See Memorandum ‘‘Issues and Decision Memorandum for the Final Results of the Expedited Sunset Review of the Antidumping Duty Order on VerDate Sep<11>2014 16:48 Oct 03, 2022 Jkt 259001 available a service list for these proceedings. To facilitate the timely preparation of the service list(s), it is requested that those seeking recognition as interested parties to a proceeding contact Commerce in writing within 10 days of the publication of the Notice of Initiation. Thomas Martin, (202) 482–3936. Jacky Arrowsmith, (202) 482–5255. Jacky Arrowsmith, (202) 482–5255. Jacky Arrowsmith, (202) 482–5255. Mary Kolberg, (202) 482–1785. Thereafter, any interested party wishing to participate in the Sunset Review must provide substantive comments in response to the notice of initiation no later than 30 days after the date of initiation. Note that Commerce has modified certain of its requirements for serving documents containing business proprietary information, until further notice.1 Please note that if Commerce receives a Notice of Intent to Participate from a member of the domestic industry within 15 days of the date of initiation, the review will continue. This notice is not required by statute but is published as a service to the international trading community. Gray Portland Cement and Clinker from Japan,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 1 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\04OCN1.SGM 04OCN1

Agencies

[Federal Register Volume 87, Number 191 (Tuesday, October 4, 2022)]
[Notices]
[Pages 60121-60122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21522]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-815]


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

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) finds that 
revocation of the antidumping duty order on gray portland cement and 
cement clinker (cement and clinker) from Japan would be likely to lead 
to continuation or recurrence of dumping at the levels indicated in the 
``Final Results of Sunset Review'' section of this notice.

DATES: Applicable October 4, 2022.

FOR FURTHER INFORMATION CONTACT: Eliza Siordia, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3878.

SUPPLEMENTARY INFORMATION: 

Background

    On May 10, 1991, Commerce published its antidumping duty order on 
cement and clinker from Japan.\1\ On July 17, 2017, Commerce published 
the continuation notice from the most recent sunset review of the 
Order.\2\ On June 1, 2022, Commerce published the notice of initiation 
of the five-year sunset review of the Order, pursuant to section 751(c) 
of the Tariff Act of 1930, as amended (the Act).\3\ On June 16, 2022, 
Commerce received a notice of intent to participate in this review from 
the Committee for Fairly Traded Japanese Cement (Committee) within the 
deadline specified in 19 CFR 351.218(d)(1)(i).\4\ The Committee 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. On 
July 1, 2022, the Committee provided a complete substantive response 
for this review within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i).\5\ We received no substantive responses from other 
interested parties, nor was a hearing requested. On July 21, 2022, 
Commerce notified the U.S. International Trade Commission (ITC) that it 
did not receive an adequate substantive response from respondent 
interested parties.\6\ As a result, pursuant to section 751(c)(3)(B) of 
the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce has conducted an 
expedited (120-day) sunset review of the Order.
---------------------------------------------------------------------------

    \1\ See Final Determination of Sales at Less Than Fair Value; 
Gray Portland Cement and Clinker from Japan, 56 FR 12156 (March 22, 
1991), as amended by 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) (Order).
    \2\ See Gray Portland Cement and Cement Clinker from Japan: 
Continuation of Antidumping Duty Order, 82 FR 32682 (July 17, 2017); 
see also Gray Portland Cement and Cement Clinker from Japan: Final 
Results of Expedited Fourth Sunset Review of the Antidumping Duty 
Order, 82 FR 12561 (March 6, 2017).
    \3\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 33123 
(June 1, 2022) (Notice of Initiation).
    \4\ See Committee's Letter, ``The Domestic Industry's Notice of 
Intent to Participate in Sunset Review,'' dated June 16, 2022.
    \5\ See Committee's Letter, ``The Domestic Industry's 
Substantive Response to the Notice of Initiation,'' dated July 1, 
2022.
    \6\ See Commerce's Letter, ``Sunset Reviews Initiated on June 1, 
2022,'' dated July 21, 2022.
---------------------------------------------------------------------------

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 Order. 
Cement is currently classifiable under the Harmonized Tariff Schedule 
(HTS) subheading 2523.29 and cement clinker is currently classifiable 
under HTS subheading 2523.10. Cement has also been entered under HTS 
subheading 2523.90 as ``other hydraulic cements.'' The HTS subheadings 
are provided for convenience and customs purposes. The written product 
description remains dispositive as to the scope of the product covered 
by the Order.\7\
---------------------------------------------------------------------------

    \7\ Commerce 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); see 
also Scope Rulings, 58 FR 27542 (May 10, 1993) (``Nittetsu Super 
Fine'' cement is not within the scope of the Order).

---------------------------------------------------------------------------

[[Page 60122]]

Analysis of Comments Received

    All issues raised in this review are addressed in the accompanying 
Issues and Decision Memorandum.\8\ A list of topics discussed in the 
Issues and Decision Memorandum is included as an appendix to this 
notice. The Issues and Decision Memorandum is a public document and is 
on file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \8\ See Memorandum ``Issues and Decision Memorandum for the 
Final Results of the Expedited Sunset Review of the Antidumping Duty 
Order on Gray Portland Cement and Clinker from Japan,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
---------------------------------------------------------------------------

Final Results of Sunset Review

    Pursuant to sections 751(c) and 752(c)(1) and (3) of the Act, we 
determine that revocation of the Order would be likely to lead to the 
continuation or recurrence of dumping and that the magnitude of the 
margin of dumping likely to prevail would be at a rate up to 69.89 
percent.

Administrative Protective Order (APO)

    This notice serves as the only reminder to interested parties 
subject to an APO of their responsibility concerning the disposition of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305. Timely written 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 terms of an APO 
is a violation which is subject to sanction.

Notification to Interested Parties

    Commerce is issuing and publishing these final results and notice 
in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act 
and 19 CFR 351.221(c)(5)(ii).

    Dated: September 28, 2022.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Margin of Dumping Likely to Prevail
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2022-21522 Filed 10-3-22; 8:45 am]
BILLING CODE 3510-DS-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.