Notice2022-21522
Gray Portland Cement and Cement Clinker From Japan: Final Results of Expedited Sunset Review of the Antidumping Duty Order
Primary source
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Published
October 4, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty order on gray portland cement and cement clinker (cement and clinker) from Japan would be likely to lead to continuation or recurrence of dumping at the levels indicated in the "Final Results of Sunset Review" section of this notice.
Full Text
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<title>Federal Register, Volume 87 Issue 191 (Tuesday, October 4, 2022)</title>
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[Federal Register Volume 87, Number 191 (Tuesday, October 4, 2022)]
[Notices]
[Pages 60121-60122]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21522]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-815]
Gray Portland Cement and Cement Clinker From Japan: Final Results
of Expedited Sunset Review of the Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) finds that
revocation of the antidumping duty order on gray portland cement and
cement clinker (cement and clinker) from Japan would be likely to lead
to continuation or recurrence of dumping at the levels indicated in the
``Final Results of Sunset Review'' section of this notice.
DATES: Applicable October 4, 2022.
FOR FURTHER INFORMATION CONTACT: Eliza Siordia, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3878.
SUPPLEMENTARY INFORMATION:
Background
On May 10, 1991, Commerce published its antidumping duty order on
cement and clinker from Japan.\1\ On July 17, 2017, Commerce published
the continuation notice from the most recent sunset review of the
Order.\2\ On June 1, 2022, Commerce published the notice of initiation
of the five-year sunset review of the Order, pursuant to section 751(c)
of the Tariff Act of 1930, as amended (the Act).\3\ On June 16, 2022,
Commerce received a notice of intent to participate in this review from
the Committee for Fairly Traded Japanese Cement (Committee) within the
deadline specified in 19 CFR 351.218(d)(1)(i).\4\ The Committee claimed
interested party status under section 771(9)(E) of the Act, as a trade
or business association, a majority of whose members manufacture,
produce or wholesale a domestic like product in the United States. On
July 1, 2022, the Committee provided a complete substantive response
for this review within the 30-day deadline specified in 19 CFR
351.218(d)(3)(i).\5\ We received no substantive responses from other
interested parties, nor was a hearing requested. On July 21, 2022,
Commerce notified the U.S. International Trade Commission (ITC) that it
did not receive an adequate substantive response from respondent
interested parties.\6\ As a result, pursuant to section 751(c)(3)(B) of
the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce has conducted an
expedited (120-day) sunset review of the Order.
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\1\ See Final Determination of Sales at Less Than Fair Value;
Gray Portland Cement and Clinker from Japan, 56 FR 12156 (March 22,
1991), as amended by Antidumping Duty Order and Amendment to Final
Determination of Sales at Less Than Fair Value: Gray Portland Cement
and Clinker from Japan, 56 FR 21658 (May 10, 1991), and Amended
Final Determination of Sales at Less Than Fair Value and Antidumping
Order: Gray Portland Cement and Clinker from Japan, 60 FR 39150
(August 1, 1995) (Order).
\2\ See Gray Portland Cement and Cement Clinker from Japan:
Continuation of Antidumping Duty Order, 82 FR 32682 (July 17, 2017);
see also Gray Portland Cement and Cement Clinker from Japan: Final
Results of Expedited Fourth Sunset Review of the Antidumping Duty
Order, 82 FR 12561 (March 6, 2017).
\3\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 33123
(June 1, 2022) (Notice of Initiation).
\4\ See Committee's Letter, ``The Domestic Industry's Notice of
Intent to Participate in Sunset Review,'' dated June 16, 2022.
\5\ See Committee's Letter, ``The Domestic Industry's
Substantive Response to the Notice of Initiation,'' dated July 1,
2022.
\6\ See Commerce's Letter, ``Sunset Reviews Initiated on June 1,
2022,'' dated July 21, 2022.
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Scope of the Order
The products covered by the Order are cement and cement clinker
from Japan. Cement is a hydraulic cement and the primary component of
concrete. Cement clinker, an intermediate material produced when
manufacturing cement, has no use other than grinding into finished
cement. Microfine cement was specifically excluded from the Order.
Cement is currently classifiable under the Harmonized Tariff Schedule
(HTS) subheading 2523.29 and cement clinker is currently classifiable
under HTS subheading 2523.10. Cement has also been entered under HTS
subheading 2523.90 as ``other hydraulic cements.'' The HTS subheadings
are provided for convenience and customs purposes. The written product
description remains dispositive as to the scope of the product covered
by the Order.\7\
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\7\ Commerce has made two scope rulings regarding subject
merchandise. See Scope Rulings, 57 FR 19602 (May 7, 1992) (classes G
and H of oil well cement are within the scope of the Order); see
also Scope Rulings, 58 FR 27542 (May 10, 1993) (``Nittetsu Super
Fine'' cement is not within the scope of the Order).
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[[Page 60122]]
Analysis of Comments Received
All issues raised in this review are addressed in the accompanying
Issues and Decision Memorandum.\8\ A list of topics discussed in the
Issues and Decision Memorandum is included as an appendix to this
notice. The Issues and Decision Memorandum is a public document and is
on file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\8\ See Memorandum ``Issues and Decision Memorandum for the
Final Results of the Expedited Sunset Review of the Antidumping Duty
Order on Gray Portland Cement and Clinker from Japan,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Final Results of Sunset Review
Pursuant to sections 751(c) and 752(c)(1) and (3) of the Act, we
determine that revocation of the Order would be likely to lead to the
continuation or recurrence of dumping and that the magnitude of the
margin of dumping likely to prevail would be at a rate up to 69.89
percent.
Administrative Protective Order (APO)
This notice serves as the only reminder to interested parties
subject to an APO of their responsibility concerning the disposition of
proprietary information disclosed under APO in accordance with 19 CFR
351.305. Timely written notification of the return or destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
Notification to Interested Parties
Commerce is issuing and publishing these final results and notice
in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act
and 19 CFR 351.221(c)(5)(ii).
Dated: September 28, 2022.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of Dumping
2. Magnitude of the Margin of Dumping Likely to Prevail
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2022-21522 Filed 10-3-22; 8:45 am]
BILLING CODE 3510-DS-P
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