Notice2022-11627
Gray Portland Cement and Cement Clinker From Japan; Institution of a Five-Year Review
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 1, 2022
Issuing agencies
International Trade Commission
Abstract
The Commission hereby gives notice that it has instituted a review pursuant to the Tariff Act of 1930 ("the Act"), as amended, to determine whether revocation of the antidumping duty order on gray portland cement and cement clinker from Japan would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission.
Full Text
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<title>Federal Register, Volume 87 Issue 105 (Wednesday, June 1, 2022)</title>
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[Federal Register Volume 87, Number 105 (Wednesday, June 1, 2022)]
[Notices]
[Pages 33210-33212]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11627]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-461 (Fifth Review)]
Gray Portland Cement and Cement Clinker From Japan; Institution
of a Five-Year Review
AGENCY: International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice that it has instituted a
review pursuant to the Tariff Act of 1930 (``the Act''), as amended, to
determine whether revocation of the antidumping duty order on gray
portland cement and cement clinker from Japan would be likely to lead
to continuation or recurrence of material injury. Pursuant to the Act,
interested parties are requested to respond to this notice by
submitting the information specified below to the Commission.
DATES: Instituted June 1, 2022. To be assured of consideration, the
deadline for responses is July 1, 2022. Comments on the adequacy of
responses may be filed with the Commission by August 15, 2022.
FOR FURTHER INFORMATION CONTACT: Nitin Joshi (202-708-1669), 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
(<a href="https://www.usitc.gov">https://www.usitc.gov</a>). The public record for this proceeding may be
viewed on the Commission's electronic docket (EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.
SUPPLEMENTARY INFORMATION:
Background.--On May 10, 1991, the Department of Commerce
(``Commerce'') issued an antidumping duty order on imports of gray
portland cement and cement clinker from Japan (56 FR 21658). Commerce
issued a continuation of the antidumping duty order on gray portland
cement and cement clinker from Japan following Commerce's and the
Commission's first five-year reviews, effective November 15, 2000 (65
FR 68979), second five-year reviews, effective June 16, 2006 (71 FR
34892), third five-year reviews, effective December 16, 2011 (76 FR
78240), and fourth five-year reviews, effective July 17, 2017 (82 FR
32682). The Commission is now conducting a fifth review pursuant to
section 751(c) of the Act, as amended (19 U.S.C. 1675(c)), to determine
whether revocation of the order would be likely to lead to continuation
or recurrence of material injury to the domestic industry within a
reasonably foreseeable time. Provisions concerning the conduct of this
proceeding may be found in the Commission's Rules of Practice and
Procedure at 19 CFR part 201, subparts A and B, and 19 CFR part 207,
subparts A and F. The Commission will assess the adequacy of interested
party responses to this notice of institution to determine whether to
conduct a full review or an expedited review. The Commission's
determination in any expedited review will be based on the facts
available, which may include information provided in response to this
notice.
Definitions.--The following definitions apply to this review:
(1) Subject Merchandise is the class or kind of merchandise that is
within the scope of the five-year review, as defined by Commerce.
(2) The Subject Country in this review is Japan.
(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
determination, its full first five-year review determination, and its
expedited second, third, and fourth five-year review determinations,
the Commission defined a single Domestic Like Product consisting of
gray portland cement and cement clinker coextensive with Commerce's
scope.
(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 determination, the
Commission defined the Domestic Industry as producers of gray portland
cement and cement clinker, including ``grinding only'' operations. The
Commission also concluded in its original determination, its full first
five-year review determination, and its expedited second, third, and
fourth five-year review determinations that appropriate circumstances
existed for a regional industry analysis. In the original
investigation, the Commission considered whether the Southern
California region, as proposed by the petitioners, or a larger region,
the State of California, was the appropriate region. In its original
determination, the Commission determined that both regions satisfied
the market isolation criteria but found the more appropriate region for
its analysis was Southern California; one Commissioner found the
regional industry to consist of producers in the State of California.
In its full first five-year review determination, the Commission found
that there had been integration of the Northern and Southern regions of
California and defined the appropriate region as the State of
California. The Commission also determined that the record in its
expedited second, third, and fourth five-year reviews supported a
finding of a regional industry corresponding to the region of the State
of California. 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 State of California and
(2) producers of gray portland cement and cement clinker, including
``grinding only'' operations, located in the United States as a whole.
Additionally, this notice uses the term Domestic Market Area to
describe the area served by each Domestic Industry. Consequently, for
purposes of this notice there are two Domestic Market Areas: (1) The
State of California and (2) the United States.
(5) 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 proceeding 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 proceeding as parties must
file an entry of appearance with the Secretary to the Commission, as
provided in Sec. 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 proceeding.
Former Commission employees who are seeking to appear in Commission
five-year reviews are advised that they may appear in a review even if
they participated personally and substantially in the corresponding
underlying original investigation or an earlier review of the same
underlying
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investigation. The Commission's designated agency ethics official has
advised that a five-year review is not the same particular matter as
the underlying original investigation, and a five-year review is not
the same particular matter as an earlier review of the same underlying
investigation for purposes of 18 U.S.C. 207, the post-employment
statute for Federal employees, and Commission rule 201.15(b) (19 CFR
201.15(b)), 79 FR 3246 (Jan. 17, 2014), 73 FR 24609 (May 5, 2008).
Consequently, former employees are not required to seek Commission
approval to appear in a review under Commission rule 19 CFR 201.15,
even if the corresponding underlying original investigation or an
earlier review of the same underlying investigation was pending when
they were Commission employees. For further ethics advice on this
matter, contact Charles Smith, Office of the General Counsel, at 202-
205-3408.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and APO service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI submitted in this proceeding available to authorized
applicants under the APO issued in the proceeding, 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 proceeding. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Certification.--Pursuant to Sec. 207.3 of the Commission's rules,
any person submitting information to the Commission in connection with
this proceeding must certify that the information is accurate and
complete to the best of the submitter's knowledge. In making the
certification, the submitter will acknowledge that information
submitted in response to this request for information and throughout
this proceeding or other proceeding may be disclosed to and used: (i)
By the Commission, its employees and Offices, and contract personnel
(a) for developing or maintaining the records of this or a related
proceeding, or (b) in internal investigations, audits, reviews, and
evaluations relating to the programs, personnel, and operations of the
Commission including under 5 U.S.C. appendix 3; or (ii) by U.S.
government employees and contract personnel, solely for cybersecurity
purposes. All contract personnel will sign appropriate nondisclosure
agreements.
Written submissions.--Pursuant to Sec. 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
July 1, 2022. Pursuant to Sec. 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 an expedited
or full review. The deadline for filing such comments is August 15,
2022. All written submissions must conform with the provisions of Sec.
201.8 of the Commission's rules; any submissions that contain BPI must
also conform with the requirements of Sec. Sec. 201.6, 207.3, and
207.7 of the Commission's rules. The Commission's Handbook on Filing
Procedures, available on the Commission's website at <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>, elaborates
upon the Commission's procedures with respect to filings. Also, in
accordance with Sec. Sec. 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the proceeding must be served
on all other parties to the proceeding (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
proceeding you do not need to serve your response).
Please note the Secretary's Office will accept only electronic
filings at this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>).
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
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. 22-5-530, expiration
date June 30, 2023. Public reporting burden for the request is
estimated to average 15 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.
Inability to provide requested information.--Pursuant to Sec.
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 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 Sec. 776(b) of the Act (19 U.S.C. 1677e(b)) in
making its determination in the review.
Information to be Provided in Response to This Notice of
Institution: Please provide the requested information separately for
each Domestic Industry, as previously defined in this notice, and, as
applicable, its corresponding Domestic Market Area. 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) and name, telephone number, fax number, and Email
address of the certifying official.
(2) A statement indicating whether your firm/entity is an
interested party under 19 U.S.C. 1677(9) and if so, how, including
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 (a majority of whose
members are interested parties under the statute), 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 this proceeding by providing information requested by
the Commission.
(4) A statement of the likely effects of the revocation of the
antidumping duty order 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
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the relationship as defined in Sec. 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 Country that currently export or have exported Subject
Merchandise to the United States or other countries after 2015.
(7) A list of 3-5 leading purchasers in each Domestic Market Area
for the Domestic Like Product and the Subject Merchandise (including
street address, World Wide Web address, and the name, telephone number,
fax number, and Email address of a responsible official at each firm).
(8) A list of known sources of information on national or regional
prices for the Domestic Like Product or the Subject Merchandise in the
U.S. or other markets.
(9) If you are a U.S. producer of the Domestic Like Product,
provide the following information on your firm's operations on that
product in each Domestic Market Area during calendar year 2021, except
as noted (report quantity data in short tons and value data in 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) Capacity (quantity) of your firm to produce the Domestic Like
Product (that is, the level of production that your establishment(s)
could reasonably have expected to attain during the year, assuming
normal operating conditions (using equipment and machinery in place and
ready to operate), normal operating levels (hours per week/weeks per
year), time for downtime, maintenance, repair, and cleanup, and a
typical or representative product mix);
(c) the quantity and value of U.S. commercial shipments of the
Domestic Like Product produced in your U.S. plant(s);
(d) the quantity and value of U.S. internal consumption/company
transfers of the Domestic Like Product produced in your U.S. plant(s);
and
(e) the value of (i) net sales, (ii) cost of goods sold (COGS),
(iii) gross profit, (iv) selling, general and administrative (SG&A)
expenses, and (v) operating income of the Domestic Like Product
produced in your U.S. plant(s) (include both U.S. and export commercial
sales, internal consumption, and company transfers) for your most
recently completed fiscal year (identify the date on which your fiscal
year ends).
(10) If you are a U.S. importer or a trade/business association of
U.S. importers of the Subject Merchandise from the Subject Country,
provide the following information on your firm's(s') operations on that
product during calendar year 2021 (report quantity data in short tons
and value data in 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 duties) of U.S. imports into each Domestic Market Area and,
if known, an estimate of the percentage of total U.S. imports into each
Domestic Market Area of Subject Merchandise from the Subject Country
accounted for by your firm's(s') imports;
(b) the quantity and value (f.o.b. U.S. port, including antidumping
duties) of U.S. commercial shipments into each Domestic Market Area of
Subject Merchandise imported from the Subject Country; and
(c) the quantity and value (f.o.b. U.S. port, including antidumping
duties) of U.S. internal consumption/company transfers into each
Domestic Market Area of Subject Merchandise imported from the Subject
Country.
(11) If you are a producer, an exporter, or a trade/business
association of producers or exporters of the Subject Merchandise in the
Subject Country, provide the following information on your firm's(s')
operations on that product during calendar year 2021 (report quantity
data in short tons and value data in U.S. dollars, landed and duty-paid
at the U.S. port but not including antidumping 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
Country accounted for by your firm's(s') production;
(b) Capacity (quantity) of your firm(s) to produce the Subject
Merchandise in the Subject Country (that is, the level of production
that your establishment(s) could reasonably have expected to attain
during the year, assuming normal operating conditions (using equipment
and machinery in place and ready to operate), normal operating levels
(hours per week/weeks per year), time for downtime, maintenance,
repair, and cleanup, and a typical or representative product mix); and
(c) 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 Country accounted for by your firm's(s') exports.
(12) Identify significant changes, if any, in the supply and demand
conditions or business cycle for the Domestic Like Product that have
occurred in each Domestic Market Area or in the market for the Subject
Merchandise in the Subject Country after 2015, and significant changes,
if any, that are likely to occur within a reasonably foreseeable time.
Supply conditions to consider include technology; production methods;
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 Country, and such merchandise from other countries.
(13) (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: This proceeding is being conducted under authority of
title VII of the Tariff Act of 1930; this notice is published pursuant
to Sec. 207.61 of the Commission's rules.
By order of the Commission.
Issued: May 25, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-11627 Filed 5-31-22; 8:45 am]
BILLING CODE 7020-02-P
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