00-6399. Gray Portland Cement and Clinker From Mexico; Final Results of Antidumping Duty Administrative Review

AGENCY:

Import Administration, International Trade Administration, Department of Commerce.

ACTION:

Notice of final results of antidumping duty administrative review.

SUMMARY:

On September 8, 1999, the Department of Commerce published the preliminary results of its administrative review of the antidumping duty order on gray portland cement and clinker from Mexico. The review covers one manufacturer/exporter, CEMEX, S.A. de C.V. (CEMEX), and its affiliate, Cementos de Chihuahua, S.A. de C.V. (CDC). The period of review is August 1, 1997, through July 31, 1998.

Based on our analysis of the comments received, we have made changes in the margin calculations. Therefore, the final results differ from the preliminary results. The final weighted-average dumping margin is listed below in the section entitled “Final Results of Review.”

EFFECTIVE DATE:

March 15, 2000.

FOR FURTHER INFORMATION CONTACT:

Davina Hashmi or George Callen, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone [phone] and [phone], respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

Unless otherwise indicated, all citations to the Tariff Act of 1930, as amended (the Act), are references to the provisions effective January 1, 1995, the effective date of the amendments made to the Act by the Uruguay Round Agreements Act (URAA). In addition, unless otherwise indicated, all citations to the Department of Commerce's (the Department's) regulations are to 19 CFR Part 351 (1999).

Background

On September 8, 1999, the Department published in the Federal Register the preliminary results of its administrative review of the antidumping duty order on gray portland cement and clinker from Mexico. Preliminary Results of Antidumping Duty Administrative Review: Gray Portland Cement and Clinker From Mexico, 64 FR 48778 (1999) (preliminary results). We invited parties to comment on our preliminary results of review. The Department has conducted this administrative review in accordance with section 751(a) of the Act.

Scope of the Review

The products covered by this review include gray portland cement and clinker. Gray portland cement is a hydraulic cement and the primary component of concrete. Clinker, an intermediate material product produced when manufacturing cement, has no use other than being ground into finished cement. Gray portland cement is currently classifiable under Harmonized Tariff Schedule (HTS) item number 2523.29 and cement clinker is currently classifiable under HTS item number 2523.10. Gray portland cement has also been entered under HTS item number 2523.90 as “other hydraulic cements.” The HTS subheadings are provided for convenience and customs purposes only. The Department's written description remains dispositive as to the scope of the product coverage.

Verification

Pursuant to section 782(i) of the Act, we verified information provided by CEMEX and CDC using standard verification procedures, including on-site inspection of the manufacturer's facilities and the examination of relevant sales and financial records, as well as the selection of original documentation containing relevant information. Our verification results are outlined in public versions of the verification reports, dated July 23, 1999, July 26, 1999, August 6, 1999, and January 6, 2000, and located in the public file in Room B-099 of the Department's main building.

Analysis of Comments Received

All issues raised in the case and rebuttal briefs by interested parties to this administrative review are addressed in the “Issues and Decision Memorandum” (Decision Memo) from Richard W. Moreland, Deputy Assistant Secretary, Import Administration, to Robert S. LaRussa, Assistant Secretary for Import Administration, dated March 6, 2000, which is hereby adopted and incorporated by reference into this notice. A list of the issues which parties have raised and to which we have responded, all of which are in the Decision Memo, is attached to this notice as an Appendix. 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 B-099. In addition, a complete version of the Decision Memo can be accessed directly on the Web at www.ita.doc.gov/​import_​admin/​records/​frn/​,, under the heading “Mexico”. The paper copy and electronic version of the Decision Memo are identical in content.

Duty Absorption

We have determined that duty absorption has occurred with respect to CEMEX and CDC (collectively “CEMEX”) with respect to 99.96% of sales which this firm made through its U.S. affiliated parties. For a discussion of our determination with respect to this matter, see the “Duty Absorption” section of the Decision Memo, accessible in B-099 and on the Web at www.ita.doc.gov/​import_​admin/​records/​frn/​.

Changes Since the Preliminary Results

Based on our analysis of comments received, we have made certain changes in the margin calculations. We have also corrected certain programming and clerical errors in our preliminary results, where applicable. Any alleged programming or clerical errors with which we do not agree are discussed in the relevant sections of the Decision Memo, accessible in B-099 and on the Web at www.ita.doc.gov/​import_​admin/​records/​frn/​.

Final Results of Review

We determine that the following weighted-average margin exists for the period August 1, 1997, through July 31, 1998:

Company	Margin
CEMEX/CDC	45.98%

The Department shall determine, and the Customs Service shall assess, antidumping duties on all appropriate entries. In accordance with 19 CFR 351.212(b), we have calculated an exporter/importer assessment value. With respect to both export-price and constructed-export-price sales, we calculated a unit duty per metric ton by dividing the total margins for the reviewed sales by the total entered quantity of those reviewed sales for each importer. For a discussion concerning our calculation of a unit duty per metric ton rather than an assessment rate, see the notice of preliminary results, dated September 8, 1999, and the preliminary calculation memorandum, dated September 2, 1999. We will instruct Customs to assess the resulting unit duty against the entered quantities of for the subject merchandise on each of the importer's entries made during the review period.

Cash Deposit Requirements

The following deposit requirements shall be effective upon publication of this notice of final results of administrative review for all shipments of gray portland cement and clinker from Mexico, entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(1) of the Act: (1) The cash deposit rate for CEMEX/CDC will be the rate shown above; (2) for previously investigated or reviewed companies not listed above, 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 or any previous reviews 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 61.85 percent, which was the “all others” rate in the LTFV investigation. See Final Determination of Sales at Less Than Fair Value: Gray Portland Cement and Clinker from Mexico, 55 FR 29244 ( July 18, 1990).

The deposit requirements shall remain in effect until publication of the final results of the next administrative review.

This notice serves as a final 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 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 notice also 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. Timely notification of return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation.

We are issuing and publishing this determination in accordance with sections 751(a)(1) and 777(i)(1) of the Act.

Dated: March 6, 2000.

Robert S. LaRussa,

Assistant Secretary for Import Administration.

Appendix—List of Issues

1. Revocation

2. As Invoiced vs. as Produced

3. Ordinary Course of Trade

4. Level of Trade

5. Constructed Export Price Calculation

6. Regional Assessment

7. Bag vs. Bulk

8. Difference-in-Merchandise Calculation

9. Sales-Below-Cost Test

10. Special Cement

11. Assessment-Rate Calculation

12. Adjustments

a. Rebates

b. Freight

c. Advertising

d. Early-Payment Discounts

e. Credit Expenses

f. Other Adjustments

13. Financing of Cash Deposits

14. Duty Absorption

15. PROMEXMA Sales

16. Contrucentro's Employee Sales

17. Further-Manufactured Sales

18. Ministerial Errors

a. Model Matching

b. CDC's Employee Sales

c. U.S. Direct Selling Expenses