Notice2023-02815
Gray Portland Cement and Cement Clinker From Japan: Continuation of Antidumping Duty Order
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
February 10, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) order on gray portland cement and cement clinker (cement and clinker) from Japan would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the AD order.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 28 (Friday, February 10, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 28 (Friday, February 10, 2023)]
[Notices]
[Pages 8812-8813]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02815]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-815]
Gray Portland Cement and Cement Clinker From Japan: Continuation
of Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the antidumping duty (AD) order on gray portland
cement and cement clinker (cement and clinker) from Japan would likely
lead to a continuation or recurrence of dumping and material injury to
an industry in the United States, Commerce is publishing a notice of
continuation of the AD order.
DATES: Applicable February 10, 2023.
FOR FURTHER INFORMATION CONTACT: Eliza DeLong, 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 the AD order on cement and
clinker from Japan.\1\ On June 1, 2022, the ITC instituted,\2\ and
Commerce initiated,\3\ the fifth sunset review of the Order, pursuant
to section 751(c) of the Tariff Act of 1930, as amended (the Act). As a
result of its review, Commerce determined that a revocation of the
Order would likely lead to continuation or recurrence of dumping and,
therefore, notified the ITC of the magnitude of the margin of dumping
likely to prevail should the Order be revoked.\4\
---------------------------------------------------------------------------
\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;
Institution of a Five-Year Review, 87 FR 33210 (June 1, 2022).
\3\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 33123
(June 1, 2022).
\4\ See Gray Portland Cement and Cement Clinker from Japan:
Final Results of Expedited Sunset Review of the Antidumping Duty
Order, 87 FR 60121 (October 4, 2022).
---------------------------------------------------------------------------
On February 1, 2023, the ITC published its determination, pursuant
to sections 751(c) and 752(a) of the Act, that revocation of the Order
would likely lead to continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable
time.\5\
---------------------------------------------------------------------------
\5\ See Gray Portland Cement and Cement Clinker from Japan, 88
FR 6783 (February 1, 2023).
---------------------------------------------------------------------------
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
of the United States (HTSUS) subheading 2523.29 and cement clinker is
currently classifiable under HTSUS subheading 2523.10. Cement has also
been entered under HTSUS subheading 2523.90 as ``other hydraulic
cements.'' The HTSUS 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.\6\
---------------------------------------------------------------------------
\6\ 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).
---------------------------------------------------------------------------
Continuation of the Order
As a result of the determinations by Commerce and the ITC that
revocation of the Order would likely lead to a continuation or a
recurrence of dumping, as well as material injury to an industry in the
United States, pursuant to section 751(d)(2) of the Act and 19 CFR
351.218(a), Commerce hereby orders the continuation of the Order. U.S.
Customs and Border Protection will continue to collect AD cash deposits
at the rates in effect at the time of entry for all imports of subject
merchandise.
The effective date of the continuation of the Order will be the
date of publication in the Federal Register of this notice of
continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to initiate the next five-year review
of the Order not later than 30 days prior to the fifth anniversary of
the effective date of continuation.
Administrative Protective Order
This notice also serves as the only reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the return, destruction, or conversion to judicial
protective order of proprietary information disclosed under APO in
accordance with 19 CFR 351.305(a)(3). Timely written notification of
the return or destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply is a violation
of the APO which may be subject to sanctions.
Notification to Interested Parties
This five-year sunset review and this notice are in accordance with
sections 751(c) and 751(d)(2) of the Act and published in accordance
with section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).
[[Page 8813]]
Dated: February 3, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-02815 Filed 2-9-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on February 10, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.