[Federal Register Volume 76, Number 169 (Wednesday, August 31, 2011)]
[Notices]
[Pages 54206-54207]
From the Federal Register Online via the Government Publishing 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).
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\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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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\
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\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).
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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 http://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:
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Weighted-
Average
Company dumping
margin
(percent)
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Onoda Cement Company, Ltd................................... 70.52
Nihon Cement Company, Ltd................................... 69.89
All Other Manufacturers/Producers/Exporters................. 70.23
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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