[Federal Register Volume 63, Number 66 (Tuesday, April 7, 1998)]
[Notices]
[Pages 16966-16967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8974]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-812]
Calcium Aluminate Flux From France; Final Results of Changed
Circumstances Antidumping Duty Administration Review, Revocation of
Order, and Rescission of Antidumping Duty Administrative Review.
AGENCY: Important Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final results of changed-circumstances antidumping
duty administrative review, revocation of order, and rescission of
antidumping duty administration review.
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SUMMARY: On February 9, 1998, the Department of Commerce (the
Department) initiated a changed circumstances antidumping duty
administrative review of the antidumping duty order on calcium
aluminate flux (CA flux) from France, and issued the preliminary
results of review with intent to revoke the order (63 FR 6524). We
received one comment from the sole respondent, Lafarge Aluminates and
Lafarge Calcium Aluminates, Inc. (Lafarge), regarding the preliminary
results. We are now revoking the order on CA flux, based on fact than
the domestic party, Lehigh Portland Cement (Lehigh), has expressed its
lack of interest in the order on CA flux from France.
On June 30, 1997, Lafarge requested an administrative review of the
antidumping duty order on calcium aluminate flux from France. On August
1, 1997, the Department published in the Federal Register (62 FR 41339)
a notice of initiation of this administrative review for the period
June 1, 1996 through May 31, 1997. The Department is rescinding this
review as a result of the Department's revocation of the order due to
petitioner's expression of no interest in the order.
EFFECTIVE DATE: April 7, 1998.
FOR FURTHER INFORMATION CONTACT: Maureen McPhillips or Linda Ludwig,
Office of AD/CVD Enforcement Group III, Office 8, Import
Administration, International Trade Administration, Department of
Commerce, 14th Street and Constitution Avenue, N.W., Washington D.C.
20230; telephone (202) 482-0193 or (202) 482-3833.
SUPPLEMENTARY INFORMATION:
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
regulations codified at 19 CFR Part 351, 62 FR 27296 (May 19, 1997).
Background
On December 12, 1997, Lafarge, the respondent, requested that the
Department conduct a changed circumstances administrative review to
determine whether to revoke the antidumping duty order on CA flux from
France. Subsequent to Lafarge's request for a changed circumstances
administrative review, Lehigh, the petitioner and the sole U.S.
producer of
[[Page 16967]]
the subject merchandise during the less-than-fair value (LTFV)
investigation, informed the Department that it had no interest in
continuing the antidumping duty order on CA flux from France (see
Memorandum to the File, January 28, 1998).
We preliminarily determined that petitioner's affirmative statement
of no interest constituted changed circumstances sufficient to warrant
a revocation of this order. Consequently, on February 9, 1998, the
Department published a notice of initiation and preliminary results of
changed circumstances antidumping duty administrative review and
consideration of revocation of the order (63 FR 6524). We gave
interested parties an opportunity to comment on the preliminary results
of this changed circumstances review. The respondent, Lafarge,
contended that the requirements for revocation of the order had been
met in this case and, therefore, the Department should issue a final
determination revoking the antidumping duty order on CA flux from
France. We received no other comments.
Scope of the Review
Imports covered by this changed circumstances review are shipments
of CA flux, other than white, high purity CA flux. This product
contains by weight more than 32 percent but less than 65 percent
alumina and more than one percent each of iron and silica.
CA flux is currently classifiable under the Harmonized Tariff
Schedule of the United States (HTSUS) subheading 2523.10.0000. The
HTSUS subheading is provided for convenience and U.S. Customs' purposes
only. The written description of the scope of this order remains
dispositive.
Final Results of Changed Circumstances Antidumping Duty
Administrative Review; Revocation of Antidumping Duty Order;
Rescission of Antidumping Duty Administrative Review
The affirmative statement of no interest by the petitioner, the
only U.S. producer, in CA flux from France constitutes changed
circumstances sufficient to warrant revocation of this order.
Therefore, the Department is revoking the order on calcium aluminate
flux from France, pursuant to sections 751(b) and (d), and section
782(h) of the Act, as well as sections 351.216 and 351.222(g) of the
Department's regulations. Because we are revoking the order, we are
also rescinding the ongoing administrative review on CA flux from
France pursuant to section 751(d)(3) of the Act. This review covers the
period June 1, 1996 through May 31, 1997.
The Department, in accordance with 19 CFR 351.222, will instruct
the U.S. Customs Service (Customs) to proceed with liquidation, without
regard to antidumping duties, of all unliquidated entries of CA flux
from France, entered, or withdrawn from warehouse, for consumption on
or after June 1, 1996, the date of suspension of liquidation for the
1996-1997 administrative review. The Department will further instruct
Customs to refund with interest any estimated duties collected with
respect to unliquidated entries of CA flux entered, or withdrawn from
warehouse, for consumption on or after June 1, 1996, in accordance with
section 778 of the Act.
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 353.34(d). Timely written 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. Timely
written notification of the return/destruction of APO materials or
conversion to judicial protective order is hereby requested.
This changed circumstances administrative review, revocation of the
antidumping duty order, and notice are in accordance with sections
751(b) and (d) and 782(h) of the Act and sections 351.216(d) and
351.222(g) of the Department's regulations. The rescission of the 1996-
1997 antidumping duty administrative review on CA flux from France is
being rescinded in accordance with section 751(d)(3) of the Act.
Dated: March 30, 1998.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 98-8974 Filed 4-6-98; 8:45 am]
BILLING CODE 3510-DS-M
