[Federal Register Volume 64, Number 147 (Monday, August 2, 1999)]
[Notices]
[Pages 41958-41961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19756]
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INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 303-TA-21 (Review) and 731-TA-451, 461, and 519
(Review)]
Gray Portland Cement and Clinker From Japan, Mexico, and
Venezuela
AGENCY: United States International Trade Commission.
ACTION: Institution of five-year reviews concerning the antidumping
duty orders and suspended investigations on gray portland cement &
clinker from Japan, Mexico, and Venezuela.
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SUMMARY: The Commission hereby gives notice that it has instituted
reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C.
1675(c)) (the Act) to determine whether revocation of the antidumping
duty orders and termination of the suspended investigations on gray
portland cement & clinker from Japan, Mexico, and Venezuela would be
likely to lead to continuation or recurrence of material injury.
Pursuant to section 751(c)(2) of the Act, interested parties are
requested to respond to this notice by submitting the information
specified below to the Commission; 1 to be assured of
consideration, the deadline for responses is September 21, 1999.
Comments on the adequacy of responses may be filed with the Commission
by October 15, 1999.
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\1\ No response to this request for information is required if
a currently valid Office of Management and Budget (OMB) number is
not displayed; the OMB number is 3117-0016/USITC No. 99-5-026.
Public reporting burden for the request is estimated to average 7
hours per response. Please send comments regarding the accuracy of
this burden estimate to the Office of Investigations, U.S.
International Trade Commission, 500 E Street, SW, Washington, DC
20436.
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For further information concerning the conduct of these reviews and
rules of general application, consult the Commission's Rules of
Practice and Procedure, part 201, subparts A through E (19 CFR part
201), and part 207, subparts A, D, E, and F (19 CFR part 207). Recent
amendments to the Rules of Practice and Procedure pertinent to five-
year reviews, including the text of subpart F of part 207, are
published at 63 FR 30599, June 5, 1998, and may be downloaded from the
Commission's World Wide Web site at http://www.usitc.gov/rules.htm.
EFFECTIVE DATE: August 2, 1999.
FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Elizabeth
Haines (202-205-3200), or Vera Libeau (202-205-3176), Office of
Investigations, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436. Hearing-impaired persons can obtain information
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special
assistance in gaining access to the Commission should contact the
Office of the Secretary at 202-205-2000. General information concerning
the Commission may also be obtained by accessing its internet server
(http://www.usitc.gov).
SUPPLEMENTARY INFORMATION:
Background
On the dates listed below, the Department of Commerce issued
antidumping duty orders on the subject imports:
----------------------------------------------------------------------------------------------------------------
Order date Product/country Inv. No. F.R. cite
----------------------------------------------------------------------------------------------------------------
8/30/90....................... Gray portland cement 731-TA-451........................ 55 F.R. 35443.
and clinker/Mexico.
5/10/91....................... Gray portland cement 731-TA-461........................ 56 F.R. 21658.
and clinker/Japan.
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On the dates listed below, the Department of Commerce suspended the
following countervailing duty and antidumping duty investigations:
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Order date Product/country Inv. No. F.R. cite
----------------------------------------------------------------------------------------------------------------
2/27/92....................... Gray portland cement 731-TA-519........................ 57 F.R. 6706.
and clinker/
Venezuela.
3/17/92....................... Gray portland cement 303-TA-21......................... 57 F.R. 9242.
and clinker/
Venezuela.
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The Commission is conducting reviews to determine whether
revocation of the orders and termination of the suspended
investigations would be likely to lead to continuation or recurrence of
material injury to the domestic industry within a reasonably
foreseeable time. It will assess the adequacy of interested party
responses
[[Page 41959]]
to this notice of institution to determine whether to conduct full
reviews or expedited reviews. The Commission's determinations in any
expedited reviews will be based on the facts available, which may
include information provided in response to this notice.
Definitions
The following definitions apply to these reviews:
(1) Subject Merchandise is the class or kind of merchandise that is
within the scope of the five-year reviews, as defined by the Department
of Commerce.
(2) The Subject Countries in these reviews are Japan, Mexico, and
Venezuela.
(3) The Domestic Like Product is the domestically produced product
or products which are like, or in the absence of like, most similar in
characteristics and uses with, the Subject Merchandise. In its original
determinations, the Commission defined the Domestic Like Product as
gray portland cement and cement clinker.
(4) The Domestic Industry is the U.S. producers as a whole of the
Domestic Like Product, or those producers whose collective output of
the Domestic Like Product constitutes a major proportion of the total
domestic production of the product. In its original determinations, the
Commission defined the Domestic Industry as producers of gray portland
cement and cement clinker, including ``grinding only'' operations.
In all cases, the Commission concluded that ``appropriate
circumstances'' existed for a regional analysis of the industry;
however, the Commission found different regions to be appropriate based
on the facts of each investigation. In its determination concerning
Mexico, two Commissioners found that either the southern-tier region
(the Gulf States and California) or the alternative southern-tier
region (excludes northern California and the inland counties of the
Gulf States) was appropriate and that no compelling case was made for
one rather than the other. For purposes of the determination, they used
the southern-tier region because it was the more difficult region
within which to reach an affirmative finding. One Commissioner found
that the alternative southern-tier region was appropriate. In its
determination concerning Japan, the Commission found the regional
industry to consist of producers in southern California; certain
Commissioners found the regional industry to consist of producers in
the State of California. In its determinations concerning Venezuela,
the Commission found the regional industry to consist of producers in
Florida. For purposes of this notice, you should report information
separately on each of the following Domestic Industries: (1) Producers
of gray portland cement and cement clinker, including ``grinding only''
operations, located in the southern-tier region (the Gulf States and
California); (2) producers of gray portland cement and cement clinker,
including ``grinding only'' operations, located in southern California;
(3) producers of gray portland cement and cement clinker, including
``grinding only'' operations, located in Florida; and, producers of
gray portland cement and cement clinker, including ``grinding only''
operations, located in the United States as a whole.
(5) The Order Dates are the dates that the antidumping duty orders
under review became effective and the investigations were suspended. In
these reviews, the Order Dates are as presented in the preceding
tabulations.
(6) An Importer is any person or firm engaged, either directly or
through a parent company or subsidiary, in importing the Subject
Merchandise into the United States from a foreign manufacturer or
through its selling agent.
Participation in the Reviews and Public Service List
Persons, including industrial users of the Subject Merchandise and,
if the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the reviews as parties must
file an entry of appearance with the Secretary to the Commission, as
provided in section 201.11(b)(4) of the Commission's rules, no later
than 21 days after publication of this notice in the Federal Register.
The Secretary will maintain a public service list containing the names
and addresses of all persons, or their representatives, who are parties
to the reviews.
Limited Disclosure of Business Proprietary Information (BPI) Under
an Administrative Protective Order (APO) and APO Service List
Pursuant to section 207.7(a) of the Commission's rules, the
Secretary will make BPI submitted in these reviews available to
authorized applicants under the APO issued in the reviews, provided
that the application is made no later than 21 days after publication of
this notice in the Federal Register. Authorized applicants must
represent interested parties, as defined in 19 U.S.C. 1677(9), who are
parties to the reviews. A separate service list will be maintained by
the Secretary for those parties authorized to receive BPI under the
APO.
Certification
Pursuant to section 207.3 of the Commission's rules, any person
submitting information to the Commission in connection with these
reviews must certify that the information is accurate and complete to
the best of the submitter's knowledge. In making the certification, the
submitter will be deemed to consent, unless otherwise specified, for
the Commission, its employees, and contract personnel to use the
information provided in any other reviews or investigations of the same
or comparable products which the Commission conducts under Title VII of
the Act, or in internal audits and investigations relating to the
programs and operations of the Commission pursuant to 5 U.S.C. Appendix
3.
Written submissions.--Pursuant to section 207.61 of the
Commission's rules, each interested party response to this notice must
provide the information specified below. The deadline for filing such
responses is September 21, 1999. Pursuant to section 207.62(b) of the
Commission's rules, eligible parties (as specified in Commission rule
207.62(b)(1)) may also file comments concerning the adequacy of
responses to the notice of institution and whether the Commission
should conduct expedited or full reviews. The deadline for filing such
comments is October 15, 1999. All written submissions must conform with
the provisions of sections 201.8 and 207.3 of the Commission's rules
and any submissions that contain BPI must also conform with the
requirements of sections 201.6 and 207.7 of the Commission's rules. The
Commission's rules do not authorize filing of submissions with the
Secretary by facsimile or electronic means. Also, in accordance with
sections 201.16(c) and 207.3 of the Commission's rules, each document
filed by a party to the reviews must be served on all other parties to
the reviews (as identified by either the public or APO service list as
appropriate), and a certificate of service must accompany the document
(if you are not a party to the reviews you do not need to serve your
response).
Inability To Provide Requested Information
Pursuant to section 207.61(c) of the Commission's rules, any
interested party that cannot furnish the information requested by this
notice in the requested form and manner shall
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notify the Commission at the earliest possible time, provide a full
explanation of why it cannot provide the requested information, and
indicate alternative forms in which it can provide equivalent
information. If an interested party does not provide this notification
(or the Commission finds the explanation provided in the notification
inadequate) and fails to provide a complete response to this notice,
the Commission may take an adverse inference against the party pursuant
to section 776(b) of the Act in making its determinations in the
reviews.
Information To Be Provided in Response to This Notice of
Institution
If you are a domestic producer, union/worker group, or trade/
business association; import/export Subject Merchandise from more than
one Subject Country; or produce Subject Merchandise in more than one
Subject Country, you may file a single response. If you do so, please
ensure that your response to each question includes the information
requested for each pertinent Subject Country. As used below, the term
``firm'' includes any related firms.
(1) The name and address of your firm or entity (including World
Wide Web address if available) and name, telephone number, fax number,
and E-mail address of the certifying official.
(2) A statement indicating whether your firm/entity is a U.S.
producer of the Domestic Like Product, a U.S. union or worker group, a
U.S. importer of the Subject Merchandise, a foreign producer or
exporter of the Subject Merchandise, a U.S. or foreign trade or
business association, or another interested party (including an
explanation). If you are a union/worker group or trade/business
association, identify the firms in which your workers are employed or
which are members of your association.
(3) A statement indicating whether your firm/entity is willing to
participate in these reviews by providing information requested by the
Commission.
(4) A statement of the likely effects of the revocation of the
antidumping duty orders and termination of the suspended investigations
on the Domestic Industry in general and/or your firm/entity
specifically. In your response, please discuss the various factors
specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) including
the likely volume of subject imports, likely price effects of subject
imports, and likely impact of imports of Subject Merchandise on the
Domestic Industry.
(5) A list of all known and currently operating U.S. producers of
the Domestic Like Product. Identify any known related parties and the
nature of the relationship as defined in section 771(4)(B) of the Act
(19 U.S.C. 1677(4)(B)).
(6) A list of all known and currently operating U.S. importers of
the Subject Merchandise and producers of the Subject Merchandise in the
Subject Countries that currently export or have exported Subject
Merchandise to the United States or other countries since the years the
petitions were filed. The Subject Merchandise, the Subject Countries,
and the years the petitions were filed are listed below:
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Subject merchandise/subject country Years
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Gray portland cement and clinker/Mexico................. 1989
Gray portland cement and clinker/Japan.................. 1990
Gray portland cement and clinker/Venezuela.............. 1991
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(7) If you are a U.S. producer of the Domestic Like Product,
provide the following information on your firm's operations on that
product during calendar year 1998 (report quantity data in short tons
and value data in thousands of U.S. dollars, f.o.b. plant). If you are
a union/worker group or trade/business association, provide the
information, on an aggregate basis, for the firms in which your workers
are employed/which are members of your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total U.S. production of the Domestic Like Product
accounted for by your firm's(s') production;
(b) the quantity and value of U.S. commercial shipments of the
Domestic Like Product produced in your U.S. plant(s); and
(c) the quantity and value of U.S. internal consumption/company
transfers of the Domestic Like Product produced in your U.S. plant(s).
(8) If you are a U.S. importer or a trade/business association of
U.S. importers of the Subject Merchandise from the Subject Countries,
provide the following information on your firm's(s') operations on that
product during calendar year 1998 (report quantity data in short tons
and value data in thousands of U.S. dollars). If you are a trade/
business association, provide the information, on an aggregate basis,
for the firms which are members of your association.
(a) The quantity and value (landed, duty-paid but not including
antidumping or countervailing duties) of U.S. imports and, if known, an
estimate of the percentage of total U.S. imports of Subject Merchandise
from the Subject Countries accounted for by your firm's(s') imports;
(b) the quantity and value (f.o.b. U.S. port, including antidumping
and/or countervailing duties) of U.S. commercial shipments of Subject
Merchandise imported from the Subject Countries; and
(c) the quantity and value (f.o.b. U.S. port, including antidumping
and/or countervailing duties) of U.S. internal consumption/company
transfers of Subject Merchandise imported from the Subject Country.
(9) If you are a producer, an exporter, or a trade/business
association of producers or exporters of the Subject Merchandise in the
Subject Countries, provide the following information on your firm's(s')
operations on that product during calendar year 1998 (report quantity
data in short tons and value data in thousands of U.S. dollars, landed
and duty-paid at the U.S. port but not including antidumping or
countervailing duties). If you are a trade/business association,
provide the information, on an aggregate basis, for the firms which are
members of your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total production of Subject Merchandise in the Subject
Countries accounted for by your firm's(s') production; and
(b) the quantity and value of your firm's(s') exports to the United
States of Subject Merchandise and, if known, an estimate of the
percentage of total exports to the United States of Subject Merchandise
from the Subject Countries accounted for by your firm's(s') exports.
(10) Identify significant changes, if any, in the supply and demand
conditions or business cycle for the Domestic Like Product that have
occurred in the United States or in the market for the Subject
Merchandise in the Subject Countries since the Order Dates, and
significant changes, if any, that are likely to occur within a
reasonably foreseeable time. Supply conditions to consider include
technology; production methods;
[[Page 41961]]
development efforts; ability to increase production (including the
shift of production facilities used for other products and the use,
cost, or availability of major inputs into production); and factors
related to the ability to shift supply among different national markets
(including barriers to importation in foreign markets or changes in
market demand abroad). Demand conditions to consider include end uses
and applications; the existence and availability of substitute
products; and the level of competition among the Domestic Like Product
produced in the United States, Subject Merchandise produced in the
Subject Countries, and such merchandise from other countries.
(11) (OPTIONAL) A statement of whether you agree with the above
definitions of the Domestic Like Product and Domestic Industry; if you
disagree with either or both of these definitions, please explain why
and provide alternative definitions.
Authority: These reviews are being conducted under authority of
title VII of the Tariff Act of 1930; this notice is published
pursuant to section 207.61 of the Commission's rules.
Issued: July 27, 1999.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-19756 Filed 7-30-99; 8:45 am]
BILLING CODE 7020-02-P
