82 FR 12561 - Gray Portland Cement and Cement Clinker From Japan: Final Results of Expedited Fourth Sunset Review of the Antidumping Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 42 (March 6, 2017)

Page Range		12561-12562
FR Document		2017-04262

The Department of Commerce (the Department) has conducted an expedited (120-day) fourth sunset review of the antidumping duty order on gray portland cement and cement clinker (cement and clinker) from Japan. As a result of this fourth sunset review, the Department finds that revocation of the antidumping duty order would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ``Final Results of Review'' section of this notice.

Federal Register, Volume 82 Issue 42 (Monday, March 6, 2017)

[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)]
[Notices]
[Pages 12561-12562]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04262]


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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 Fourth Sunset Review of the Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) has conducted an 
expedited (120-day) fourth sunset review of the antidumping duty order 
on gray portland cement and cement clinker (cement and clinker) from 
Japan. As a result of this fourth sunset review, the Department finds 
that revocation of the antidumping duty order would be likely to lead 
to continuation or recurrence of dumping at the levels indicated in the 
``Final Results of Review'' section of this notice.

DATES: Effective Date: March 6, 2017.

FOR FURTHER INFORMATION CONTACT: Amanda Brings, AD/CVD Operations, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Ave. NW., Washington, DC 
20230; telephone: (202) 482-3927.

SUPPLEMENTARY INFORMATION:

Background

    On November 1, 2016, the Department published a notice of 
initiation of the fourth sunset review of the antidumping duty order on 
cement and clinker from Japan.\1\ On November 16, 2016, the Department 
received a Notice of Intent to Participate in this review from the 
Committee for Fairly Traded Japanese Cement (Petitioners) within the 
deadline specified in 19 CFR 351.218(d)(1)(i).\2\ Petitioners claimed 
interested-party status under section 771(9)(E) of the Tariff Act of 
1930, as amended (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.
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    \1\ See Initiation of Five-Year (``Sunset'') Reviews, 81 FR 
75808 (November 1, 2016).
    \2\ See Letter to the Secretary of Commerce from Petitioners, 
re: ``Five-Year (`Sunset') Review of Antidumping Duty Order on Gray 
Portland Cement and Cement Clinker from Japan: The Domestic 
Industry's Notice of Intent to Participate in Sunset Review,'' dated 
November 16, 2016.
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    We received a complete substantive response from Petitioners within 
the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).\3\ We 
received no responses from respondent interested parties. As a result, 
the Department conducted an expedited sunset review of the order, 
pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2).
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    \3\ See Letter to the Secretary of Commerce from Petitioners, 
re: ``Fourth Five-Year (`Sunset') Review of The Antidumping Duty 
Order on Gray Portland Cement and Cement Clinker from Japan/The 
Domestic Industry's Substantive Response to the Notice of 
Initiation,'' dated December 1, 2016.
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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 antidumping 
duty order. Cement is currently classifiable under the Harmonized 
Tariff Schedule (HTS) item number 2523.29 and cement clinker is 
currently classifiable under HTS item number 2523.10. Cement has also 
been entered under HTS item number 2523.90 as ``other hydraulic 
cements.'' The HTS item numbers are provided for convenience and 
customs purposes. The written product description remains dispositive 
as to the scope of the product covered by the order.\4\
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    \4\ The Department 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), and 
Scope Rulings, 58 FR 27542 (May 10, 1993) (``Nittetsu Super Fine'' 
cement is not within the scope of the order).
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Analysis of Comments Received

    All issues raised in this review, including the likelihood of 
continuation or recurrence of dumping in the event of revocation and 
the magnitude of the margins likely to prevail if the order were 
revoked, are addressed in the accompanying Issues and Decision 
Memorandum.\5\ 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 http://access.trade.gov, and to all parties in the Central Records Unit, Room 
B8024 of the main Department of Commerce building. In addition, a 
complete version of the Issues and

[[Page 12562]]

Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum 
and the electronic version of the Issues and Decision Memorandum are 
identical in content.
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    \5\ See Memorandum to Ronald K. Lorentzen, Acting Assistant 
Secretary for Enforcement and Compliance, from James Maeder, Senior 
Director, Office I, Antidumping and Countervailing Duty Operations, 
``Issues and Decision Memorandum for the Final Results of the 
Expedited Fourth Sunset Review of the Antidumping Duty Order on Gray 
Portland Cement and Clinker from Japan,'' dated concurrently and 
hereby adopted by this notice (Issues and Decision Memorandum).
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Final Results of Review

    Pursuant to sections 751(c) and 752(c)(1) and (3) of the Act, we 
determine that revocation of the antidumping duty order on cement and 
clinker from Japan would be likely to lead to continuation or 
recurrence of dumping at weighted-average dumping margins up to 69.89 
percent.

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return of 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.
    This sunset review and notice are in accordance with sections 
751(c), 752(c), and 777(i)(1) of the Act.

    Dated: February 27, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-04262 Filed 3-3-17; 8:45 am]
BILLING CODE 3510-DS-P

Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices 12561

this notice.22 Hearing requests should DEPARTMENT OF COMMERCE responses from respondent interested
contain the following information: (1) parties. As a result, the Department
The party’s name, address, and International Trade Administration conducted an expedited sunset review
telephone number; (2) the number of [A–588–815] of the order, pursuant to section
participants; and (3) a list of the issues 751(c)(3)(B) of the Act and 19 CFR
to be discussed. Oral presentations at Gray Portland Cement and Cement 351.218(e)(1)(ii)(C)(2).
the hearing will be limited to issues Clinker From Japan: Final Results of Scope of the Order
raised in the briefs. If a request for a Expedited Fourth Sunset Review of the
Antidumping Duty Order The products covered by the order are
hearing is made, parties will be notified cement and cement clinker from Japan.
of the time and date for the hearing to AGENCY: Enforcement and Compliance, Cement is a hydraulic cement and the
be held at the U.S. Department of International Trade Administration, primary component of concrete. Cement
Commerce, 1401 Constitution Avenue Department of Commerce. clinker, an intermediate material
NW., Washington, DC 20230 in a room SUMMARY: The Department of Commerce produced when manufacturing cement,
to be determined.23 (the Department) has conducted an has no use other than grinding into
All submissions, with limited expedited (120-day) fourth sunset finished cement. Microfine cement was
exceptions, must be filed electronically review of the antidumping duty order specifically excluded from the
using Enforcement and Compliance’s on gray portland cement and cement antidumping duty order. Cement is
Antidumping and Countervailing Duty clinker (cement and clinker) from Japan. currently classifiable under the
Centralized Electronic Service System As a result of this fourth sunset review, Harmonized Tariff Schedule (HTS) item
(‘‘ACCESS’’).24 An electronically filed the Department finds that revocation of number 2523.29 and cement clinker is
the antidumping duty order would be currently classifiable under HTS item
document must be received successfully
likely to lead to continuation or number 2523.10. Cement has also been
in its entirety by 5 p.m. Eastern Time
recurrence of dumping at the levels entered under HTS item number
(‘‘ET’’) on the due date. Documents 2523.90 as ‘‘other hydraulic cements.’’
excepted from the electronic submission indicated in the ‘‘Final Results of
Review’’ section of this notice. The HTS item numbers are provided for
requirements must be filed manually convenience and customs purposes. The
DATES: Effective Date: March 6, 2017.
(i.e., in paper form) with the APO/ written product description remains
Dockets Unit in Room 18022 and FOR FURTHER INFORMATION CONTACT:
dispositive as to the scope of the
stamped with the date and time of Amanda Brings, AD/CVD Operations,
product covered by the order.4
receipt by 5 p.m. ET on the due date.25 Enforcement and Compliance,
International Trade Administration, Analysis of Comments Received
Consistent with 19 CFR 351.216(e), U.S. Department of Commerce, 1401
we intend to issue the final results of All issues raised in this review,
Constitution Ave. NW., Washington, DC including the likelihood of continuation
these CCRs no later than 270 days after 20230; telephone: (202) 482–3927. or recurrence of dumping in the event
the date on which these reviews were SUPPLEMENTARY INFORMATION: of revocation and the magnitude of the
initiated or within 45 days if all parties margins likely to prevail if the order
agree to the outcome of the reviews. Background
were revoked, are addressed in the
We are issuing and publishing this On November 1, 2016, the Department accompanying Issues and Decision
initiation and preliminary results notice published a notice of initiation of the Memorandum.5 The Issues and Decision
in accordance with sections 751(b)(1) fourth sunset review of the antidumping Memorandum is a public document and
and 777(i)(1) of the Act and 19 CFR duty order on cement and clinker from is on file electronically via Enforcement
351.216 and 351.221(c)(3). Japan.1 On November 16, 2016, the and Compliance’s Antidumping and
Department received a Notice of Intent Countervailing Duty Centralized
Dated: February 24, 2017. to Participate in this review from the Electronic Service System (ACCESS).
Ronald K. Lorentzen, Committee for Fairly Traded Japanese ACCESS is available to registered users
Acting Assistant Secretary for Enforcement Cement (Petitioners) within the at http://access.trade.gov, and to all
and Compliance. deadline specified in 19 CFR parties in the Central Records Unit,
[FR Doc. 2017–04265 Filed 3–3–17; 8:45 am] 351.218(d)(1)(i).2 Petitioners claimed Room B8024 of the main Department of
BILLING CODE 3510–DS–P
interested-party status under section Commerce building. In addition, a
771(9)(E) of the Tariff Act of 1930, as complete version of the Issues and
amended (the Act), as a trade or
business association, a majority of of The Antidumping Duty Order on Gray Portland
whose members manufacture, produce Cement and Cement Clinker from Japan/The
or wholesale a domestic like product in Domestic Industry’s Substantive Response to the
Notice of Initiation,’’ dated December 1, 2016.
the United States. 4 The Department has made two scope rulings
We received a complete substantive regarding subject merchandise. See Scope Rulings,
response from Petitioners within the 30- 57 FR 19602 (May 7, 1992) (classes G and H of oil
22 The Department is exercising its discretion day deadline specified in 19 CFR well cement are within the scope of the order), and
Scope Rulings, 58 FR 27542 (May 10, 1993)
under 19 CFR 351.310(c) to alter the time limit for 351.218(d)(3)(i).3 We received no (‘‘Nittetsu Super Fine’’ cement is not within the
requesting a hearing. scope of the order).
asabaliauskas on DSK3SPTVN1PROD with NOTICES

23 See 19 CFR 351.310(d). 1 See Initiation of Five-Year (‘‘Sunset’’) Reviews, 5 See Memorandum to Ronald K. Lorentzen,

24 ACCESS is available to registered users at 81 FR 75808 (November 1, 2016). Acting Assistant Secretary for Enforcement and
2 See Letter to the Secretary of Commerce from
https://access.trade.gov and available to all parties Compliance, from James Maeder, Senior Director,
Petitioners, re: ‘‘Five-Year (‘Sunset’) Review of Office I, Antidumping and Countervailing Duty
in the Central Records Unit, room B8024 of the
Antidumping Duty Order on Gray Portland Cement Operations, ‘‘Issues and Decision Memorandum for
main Department of Commerce building. and Cement Clinker from Japan: The Domestic the Final Results of the Expedited Fourth Sunset
25 See Antidumping and Countervailing Duty
Industry’s Notice of Intent to Participate in Sunset Review of the Antidumping Duty Order on Gray
Proceedings: Electronic Filing Procedures; Review,’’ dated November 16, 2016. Portland Cement and Clinker from Japan,’’ dated
Administrative Protective Order Procedures, 76 FR 3 See Letter to the Secretary of Commerce from concurrently and hereby adopted by this notice
39263 (July 6, 2011). Petitioners, re: ‘‘Fourth Five-Year (‘Sunset’) Review (Issues and Decision Memorandum).

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12562 Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices

Decision Memorandum can be accessed December 31, 2015. Interested parties sections 776(a) and (b) of the Act, see
directly on the Internet at http:// are invited to comment on these the Preliminary Decision
enforcement.trade.gov/frn/. The signed preliminary results. Memorandum.5 The Preliminary
Issues and Decision Memorandum and DATES: Effective March 6, 2017. Decision Memorandum is a public
the electronic version of the Issues and FOR FURTHER INFORMATION CONTACT: document and is on file electronically
Decision Memorandum are identical in Joseph Traw, AD/CVD Operations, via Enforcement and Compliance’s
content. Office VII, Enforcement and Antidumping and Countervailing Duty
Compliance, International Trade Centralized Electronic Service System
Final Results of Review (ACCESS). ACCESS is available to
Administration, U.S. Department of
Pursuant to sections 751(c) and Commerce, 1401 Constitution Avenue registered users at http://
752(c)(1) and (3) of the Act, we NW., Washington, DC 20230; telephone: access.trade.gov, and is available to all
determine that revocation of the (202) 482–6079. parties in the Central Records Unit,
antidumping duty order on cement and room 7046 of the main Department of
SUPPLEMENTARY INFORMATION:
clinker from Japan would be likely to Commerce building. In addition, a
lead to continuation or recurrence of Background complete version of the Preliminary
dumping at weighted-average dumping On February 18, 2015, the Department Decision Memorandum can be accessed
margins up to 69.89 percent. issued a countervailing duty (CVD) directly on the Internet at http://
order on solar products from the PRC.1 enforcement.trade.gov/frn/index.html.
Administrative Protective Order
Several interested parties requested that The signed Preliminary Decision
This notice also serves as the only the Department conduct an Memorandum and the electronic
reminder to parties subject to administrative review of the versions of the Preliminary Decision
administrative protective order (‘‘APO’’) countervailing duty order, and on April Memorandum are identical in content.
of their responsibility concerning the 7, 2016, the Department published in
return or destruction of proprietary Intent To Partially Rescind the
the Federal Register a notice of Administrative Review, and Partial
information disclosed under APO in initiation of an administrative review of
accordance with 19 CFR 351.305. Rescission of Administrative Review
the CVD Order for 31 producers/
Timely notification of the return of exporters for the POR.2 For an administrative review to be
destruction of APO materials or conducted, there must be a reviewable,
conversion to judicial protective order is Scope of the Order suspended entry to be liquidated at the
hereby requested. Failure to comply The products covered by the order are newly calculated assessment rate.6
with the regulations and terms of an certain crystalline silicon photovoltaic Thus, it is the Department’s practice to
APO is a violation which is subject to products from the PRC. A full rescind an administrative review when
sanction. description of the scope of the order is there are no reviewable entries of
This sunset review and notice are in contained in the Preliminary Decision subject merchandise during the POR for
accordance with sections 751(c), 752(c), Memorandum.3 which liquidation is suspended.7 We
and 777(i)(1) of the Act. preliminarily find that BYD (Shangluo)
Methodology Industrial Co., Ltd. had no reviewable
Dated: February 27, 2017.
The Department is conducting this entries subject to the CVD Order and,
Ronald K. Lorentzen,
CVD review in accordance with section consistent with our practice, the
Acting Assistant Secretary for Enforcement
751(a)(1)(A) of the Tariff Act of 1930, as Department intends to rescind its
and Compliance.
amended (the Act). For each of the review of BYD, consistent with 19 CFR
[FR Doc. 2017–04262 Filed 3–3–17; 8:45 am]
subsidy programs found 351.213(d)(3). We invite parties to
BILLING CODE 3510–DS–P
countervailable, we determine that there comment on this preliminary intent to
is a subsidy, i.e., a financial rescind and will consider any comments
contribution by an ‘‘authority’’ that received for the final results.
DEPARTMENT OF COMMERCE Pursuant to 19 CFR 351.213(d)(1), the
confers a benefit to the recipient, and
International Trade Administration that the subsidy is specific.4 For a full Department will rescind an
description of the methodology administrative review, in whole or in
[C–570–011] underlying our preliminary conclusions, part, if the parties that requested a
including our reliance, in part, on review withdraw the request within 90
Certain Crystalline Silicon Photovoltaic adverse facts available pursuant to days of the date of publication of the
Products From the People’s Republic notice of initiation. Yingli Energy
of China: Preliminary Results of 1 See Certain Crystalline Silicon Photovoltaic
Countervailing Duty Administrative Products from the People’s Republic of China: 5 A list of topics discussed in the Preliminary

Review and Preliminary Intent To Antidumping Duty Order; and Amended Final Decision Memorandum can be found as an
Rescind, in Part; 2014–2015 Affirmative Countervailing Duty Determination and appendix to this notice.
Countervailing Duty Order, 80 FR 8592 (February 6 See section 751(a)(2)(A) of the Act (stating that

AGENCY: Enforcement and Compliance, 18, 2015) (CVD Order). an administrative review determines the normal
2 See Initiation of Antidumping and
International Trade Administration, value, export price or constructed export price, and
Countervailing Duty Administrative Reviews, 81 FR dumping margin of an ‘‘entry’’); 19 CFR
Department of Commerce. 20324 (April 7, 2016) (Initiation Notice). 351.212(b)(1) (At the end of the administrative
SUMMARY: The Department of Commerce 3 See ‘‘Decision Memorandum for the Preliminary review, the suspended entries are liquidated at the
asabaliauskas on DSK3SPTVN1PROD with NOTICES

(the Department) preliminarily Results of the Countervailing Duty Administrative assessment rate computed for the review period).
Review of Certain Crystalline Silicon Photovoltaic 7 See, e.g., Certain Tissue Paper Products from the
determines that countervailable Products from the People’s Republic of China; People’s Republic of China: Preliminary Results and
subsidies are being provided to 2014,’’ dated concurrently with this notice Partial Rescission of Antidumping Duty
producers and exporters of crystalline (Preliminary Decision Memorandum) and hereby Administrative Review, 73 FR 18497, 18499–18500
silicon photovoltaic products (solar adopted by this notice. (April 4, 2008) (unchanged in final); Solid Fertilizer
4 See sections 771(5)(B) and (D) of the Act Grade Ammonium Nitrate from the Russian
products), from the People’s Republic of regarding financial contribution; section 771(5)(E) Federation: Rescission of Antidumping Duty
China (PRC). The period of review of the Act regarding benefit; and, section 771(5A) Administrative Review, 77 FR 65532 (October 29,
(POR) is June 10, 2014, through of the Act regarding specificity. 2012), and accompanying IDM at Issue 2.

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Document Created: 2017-03-04 00:06:33
Document Modified: 2017-03-04 00:06:33

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Dates		Effective Date: March 6, 2017.
Contact		Amanda Brings, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Ave. NW., Washington, DC 20230; telephone: (202) 482-3927.
FR Citation		82 FR 12561

82 FR 12561 - Gray Portland Cement and Cement Clinker From Japan: Final Results of Expedited Fourth Sunset Review of the Antidumping Duty Order

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 82, Issue 42 (March 6, 2017)

DEPARTMENT OF COMMERCE
International Trade Administration