[Federal Register Volume 60, Number 197 (Thursday, October 12, 1995)]
[Notices]
[Page 53163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25303]
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DEPARTMENT OF COMMERCE
[A-201-802]
Gray Portland Cement and Clinker From Mexico; Notice of Court
Decision
AGENCY: Import Administration, International Trade Administration
Department of Commerce.
ACTION: Notice of court decision and suspension of liquidation.
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SUMMARY: On July 12, 1995, in the case of The Ad Hoc Committee of AZ-
NM-TX-FL Producers of Gray Portland Cement v. United States, Slip Op.
95-125, (Ad Hoc), the United States Court of International Trade (the
Court) affirmed the Department of Commerce's (the Department's) results
of redetermination pursuant to remand, and prior remand determinations
of the Department, of the final results of the first administrative
review of the antidumping duty order on gray portland cement and
clinker from Mexico. The period covered by the first review is April
12, 1990 through July 31, 1991. The Court ruled that the challenge by
defendant-intervenor CEMEX, S.A. of the Department's treatment of
value-added taxes was untimely filed and, therefore, sustained the
Department's final results of redetermination pursuant to remand.
EFFECTIVE DATE: October 12, 1995.
FOR FURTHER INFORMATION CONTACT: Robert James or John Kugelman, Office
of Antidumping Compliance, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue N.W., Washington, DC 20230; telephone: (202) 482-
5253.
SUPPLEMENTARY INFORMATION:
Background
On April 28, 1993, the Department published in the Federal Register
the final results of its first administrative review of the antidumping
duty order on gray portland cement and clinker from Mexico (58 FR 25803
(April 28, 1993)). In those final results, the Department set forth its
determination of the weighted-average margins for the two respondent
companies for the period of review, April 12, 1990 through July 31,
1991, and announced its intent to instruct the U.S. Customs Service to
assess antidumping duties on all appropriate entries.
Petitioners in these proceedings subsequently filed suit with the
Court challenging these final results. Thereafter, the Court published
an Order and Opinion dated September 26, 1994 in Ad Hoc, Ct. No. 93-05-
00273, Slip Op. 94-151, remanding the Department's determination with
instructions to: (1) Consider CEMEX's claimed deductions for pre-sale
home market transportation costs under the circumstances-of-sale (COS)
provision of the Department's regulations; (2) apply a value-added-tax
(VAT) adjustment consistent with the methodology established in
Torrington Co. v. United States, 853 F. Supp. 446 (CIT 1994); (3)
reclassify certain transactions designated as exporter's sales price
(ESP) transactions as purchase price transactions and reconsider the
selection of best information available (BIA) for certain other sales;
and (4) reconsider the selection of BIA data for missing added material
costs. On January 5, 1995, the Department filed its remand results with
the Court. On January 25, 1995, CEMEX challenged certain aspects of the
Department's remand results, including our treatment of VAT.
On May 15, 1995, the Court ordered a second remand so that the
Department could make technical corrections to its final remand results
(Slip Op. 95-91). The Department filed its redetermination with the
Court on June 13, 1995; the Court, on July 12, 1995, affirmed the
Department's remand results, and issued a judgment that CEMEX's January
25, 1995 challenge on the issue of value-added taxes was untimely filed
and, therefore, moot.
Suspension of Liquidation
In its decision in Timken Co. v. United States, Court No. 89-1489
(January 4, 1990), the Federal Circuit held that the Department must
publish notice of a decision of the Court or Federal Circuit which is
not ``in harmony'' with the Department's determination. Publication of
this notice fulfills this obligation. The Federal Circuit also held
that in such a case, the Department must suspend liquidation until
there is a ``conclusive'' decision in the action. CEMEX has filed an
appeal with the Federal Circuit that challenges the Court's May 15,
1995 and July 12, 1995 decisions. Therefore, the Department will
continue to suspend liquidation pending a final decision of the Federal
Circuit in this case. In the event of a ``conclusive'' decision
affirming the Court's July 12, 1995 and May 15, 1995 decisions, the
Department will publish in the Federal Register an amended final
results of administrative review that reflects the results of the
Court's May 15, 1995 and July 12, 1995 decisions.
Dated: October 4, 1995.
Paul L. Joffe,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 95-25303 Filed 10-11-95; 8:45 am]
BILLING CODE 3510-DS-P
