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)

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, 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