[Federal Register Volume 61, Number 151 (Monday, August 5, 1996)]
[Notices]
[Pages 40607-40608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19859]


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DEPARTMENT OF COMMERCE
[A-588-815]


Gray Portland Cement and Clinker From Japan: Initiation and 
Preliminary Results of Changed Circumstances Antidumping Duty 
Administrative Review, and Intent To Revoke Order in Part

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

ACTION: Notice of initiation and preliminary results of changed 
circumstances antidumping duty administrative review, and intent to 
revoke order in part.

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SUMMARY: In response to a request from Surecrete, Inc., (Surecrete), 
the Department of Commerce (the Department) is initiating a changed 
circumstances antidumping duty administrative review and issuing an 
intent to revoke in part the antidumping duty order on gray portland 
cement and clinker from Japan. Surecrete requested that the Department 
revoke the order in part with regard to imports of New Super Fine 
Cement from Nittetsu Cement Company, Ltd., of Japan (New Super Fine 
Cement). Based on the fact that the Ad Hoc Committee of Southern 
California Producers of Gray Portland Cement (petitioner) has expressed 
no interest in the importation of New Super Fine Cement as described by 
Surecrete, we intend to partially revoke this order.

EFFECTIVE DATE: August 5, 1996.

FOR FURTHER INFORMATION CONTACT: Amy S. Wei or Zev Primor, Office of 
Antidumping Compliance, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution

[[Page 40608]]

Avenue, N.W., Washington, D.C. 20230; telephone (202) 482-5253.

SUPPLEMENTARY INFORMATION:

The Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (the Act), by the 
Uruguay Round Agreements Act (URAA). In addition, unless otherwise 
indicated, all citations to the Department's regulations are to the 
current regulations, as amended by the interim regulations published in 
the Federal Register on May 11, 1995 (60 FR 25130).

Background

    On April 9, 1996, Surecrete requested that the Department conduct a 
changed circumstances administrative review to determine whether to 
partially revoke the order with regard to New Super Fine Cement. In 
addition, the petitioner informed the Department that it does not 
object to the changed circumstances review and has no interest in the 
importation or sale of New Super Fine Cement as described by Nittetsu. 
The order with regard to imports of other cements is not affected by 
this request.

Scope of Review

    The merchandise covered by this changed circumstances review is New 
Super Fine Cement from Japan. This changed circumstance administrative 
review covers all manufacturers/exporters of cement meeting the 
following specifications of New Super Fine Cement: (1) a median grain 
size of less than three microns; and (2) a maximum grain size of 
approximately ten microns. This cement is not feasible for use in 
concrete production.

Initiation and Preliminary Results of Changed Circumstances Antidumping 
Duty Administrative Review, and Intent To Revoke Order in Part

    Pursuant to section 751(d) of the Tariff Act of 1930, as amended 
(the Act), the Department may partially revoke an antidumping duty 
order based on a review under section 751(b) of the Act (i.e., a 
changed circumstances review). Section 751(b)(1) of the Act requires a 
changed circumstances administrative review to be conducted upon 
receipt of a request containing sufficient information concerning 
changed circumstances.
    The Department's regulations at 19 CFR 353.25(d)(2) permit the 
Department to conduct a changed circumstances administrative review 
under section 353.22(f) based upon an affirmative statement of no 
interest from the petitioner in the proceeding. Section 353.25(d)(1)(i) 
further provides that the Department may revoke an order or revoke an 
order in part if it determines that the order under review is no longer 
of interest to interested parties. In addition, in the event that the 
Department concludes that expedited action is warranted, section 
353.22(f)(4) of the regulations permits the Department to combine the 
notices of initiation and preliminary results.
    Therefore, in accordance with sections 751(b)(1) and 751(d) of the 
Act, 19 CFR 353.25(d), and 353.22(f), we are initiating this changed 
circumstances administrative review and have determined that expedited 
action is warranted. Based on an affirmative statement of no interest 
in the proceeding by petitioner, we have preliminarily determined that 
the order in so far as it applies to New Super Fine Cement, as 
described in Surecrete's request for a changed circumstances review, no 
longer is of interest to domestic interested parties. Because we have 
concluded that expedited action is warranted, we are combining these 
notices of initiation and preliminary results. Therefore, we are hereby 
notifying the public of our intent to revoke in part the antidumping 
duty order as to imports of this type of New Super Fine Cement from 
Japan.
    If final revocation in part occurs, we intend to instruct the U.S. 
Customs Service (Customs) to liquidate without regard to antidumping 
duties and to refund any estimated antidumping duties collected for all 
unliquidated entries of the subject merchandise made on or after August 
18, 1995. The current requirement for a cash deposit of estimated 
antidumping duties will continue until publication of the final results 
of this changed circumstances review.

Public Comment

    Parties to the proceeding may request disclosure within 5 days of 
the date of publication of this notice and any interested party may 
request a hearing within 10 days of publication. Any hearing, if 
requested, will be held no later than 28 days after the date of 
publication of this notice, or the first working day thereafter. Case 
briefs and/or written comments from interested parties may be submitted 
no later than 14 days after the date of publication of this notice. 
Rebuttal briefs and rebuttals to written comments, limited to the 
issues raised in those comments, may be filed no later than 21 days 
after the date of publication of this notice. All written comments 
shall be submitted in accordance with 19 CFR 353.31(e) and shall be 
served on all interested parties on the Department's service list in 
accordance with 19 CFR 353.31(g). Persons interested in attending the 
hearing should contact the Department for the date and time of the 
hearing. The Department will publish the final results of this changed 
circumstances review, including the results of its analysis of issues 
raised in any written comments.
    This notice is in accordance with sections 751(b)(1) and (d) of the 
Act and sections 353.22(f) and 353.25(d) of the Department's 
regulations.

    Dated: July 29, 1996.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-19859 Filed 8-2-96; 8:45 am]
BILLING CODE 3510-DS-P