[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
