Gray Portland Cement and Clinker From Mexico: Notice of Initiation of Antidumping Duty Changed-Circumstances Review

DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-802]

Gray Portland Cement and Clinker From Mexico: Notice of

Initiation of Antidumping Duty Changed-Circumstances Review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of initiation of antidumping duty changed-circumstances

review.

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SUMMARY: In accordance with 19 CFR 351.216(b), Cementos de Chihuahua,

S.A. de C.V., an interested party in this proceeding, requested a

changed-circumstances review. In response to this request, the

Department of Commerce is initiating a changed-circumstances review on

gray portland cement and clinker from Mexico.

EFFECTIVE DATE: January 11, 2000.

FOR FURTHER INFORMATION CONTACT: Anne Copper or Davina Hashmi, Office

3, AD/CVD Enforcement Group I, Import Administration, International

Trade Administration, U.S. Department of Commerce, 14th Street and

Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-

0090 or (202) 482-5760, respectively.

The Applicable Statute and Regulations

Unless otherwise indicated, all citations to the Tariff Act of

1930, as amended (the Act), are references to the provisions effective

January 1, 1995, the effective date of the amendments made to the Act

by the Uruguay Round Agreements Act (URAA). In addition, unless

otherwise indicated, all citations to the Department of Commerce's (the

Department's) regulations are to the regulations at 19 CFR Part 351

(1998).

SUPPLEMENTARY INFORMATION:

Background

In its November 24, 1999 letter, Cementos de Chihuahua, S.A. de

C.V. (CDC), requested that the Department conduct an expedited changed-

circumstances review pursuant to section 751(b)(1) of the Act. CDC

states that, effective December 1, 1999, GCC Cementos, S.A. de C.V.

(GCCC), will be the successor in interest to CDC due to a corporate

reorganization. On December 13, 1999, the petitioners submitted a

letter requesting that the Department reject CDC's request for an

expedited review.

Scope of Review

The products covered by this review include gray portland cement

and clinker. Gray portland cement is a hydraulic cement and the primary

component of concrete. Clinker, an intermediate material product

produced when manufacturing cement, has no use other than of being

ground into finished cement. Gray portland cement is currently

classifiable under the Harmonized Tariff Schedule (HTS) item number

2523.29 and cement clinker is currently classifiable under number

2523.10. Gray portland cement has also been entered under number

2523.90 as ``other hydraulic cements.''

The HTS subheadings are provided for convenience and customs

purposes only. Our written description remains dispositive as to the

scope of the product coverage.

Initiation of Antidumping Duty Changed-Circumstances Review

Pursuant to section 751(b)(1) of the Act, the Department will

conduct a changed-circumstances review upon receipt of information

concerning, or a request from an interested party of, an antidumping

duty order which shows changed-circumstances sufficient to warrant a

review of the order.

In its request for a changed-circumstances review, CDC indicated

that, effective December 1, 1999, GCCC will be the successor in

interest to CDC due to a corporate reorganization. In accordance with

section 751(b)(1) of the Act and 19 CFR 351.216(b) and 351.221(b)(1),

we are initiating a changed-circumstances review based upon the

information contained in CDC's November 24, 1999, request for this

review.

CDC also requested that the Department expedite the review process

by issuing preliminary results in conjunction with the notice of

initiation. However, CDC's request for review was not accompanied by

any documentation supporting CDC's description of its corporate

reorganization. In making a successor-in-interest determination, the

Department examines several factors including, but not limited to, the

following changes: (1) Management; (2) production facilities; (3)

supplier relationships; (4) customer base. See, e.g., Brass Sheet and

Strip from Canada; Final Results of Antidumping Duty Administrative

Review, 57 FR 20460 (May 13, 1992) (Canadian Brass). Although CDC

states that the corporate reorganization meets the standards

established in cases such as Canadian Brass, CDC has not provided any

supporting documentation relevant to the factors described above.

Furthermore, on December 13, 1999, the petitioners submitted a letter

objecting to the initiation of an expedited changed-circumstances

review on the grounds that the sole basis for CDC's request consists of

unsupported statements. Based upon these considerations, we will seek

additional information concerning CDC's corporate reorganization.

Accordingly, we conclude that it would be inappropriate to expedite

this action pursuant to 19 CFR 351.221(c)(3)(ii) by issuing preliminary

results prior to receiving such information. Therefore, we are not

expediting this changed-circumstances review and are not issuing

preliminary results at this time.1

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\1\ As the petitioners noted in their December 13 letter, the

Department has rejected requests for expedited reviews previously

under similar circumstances. See Certain Welded Stainless Steel Pipe

from Korea; Initiation of Changed Circumstances Antidumping Duty

Administrative Review, 62 FR 31789 (June 11, 1997); Certain Welded

Stainless Steel Pipe from Taiwan; Initiation of Changed

Circumstances Antidumping Duty Administrative Review, 62 FR 30567

(June 4, 1997).

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We will publish in the Federal Register a notice of preliminary

results of antidumping duty changed-circumstances review, in accordance

with 19 CFR 351.221(b)(4) and 351.221(c)(3)(i), which will set forth

the factual and legal conclusions upon which our preliminary results

are based and a description of any action proposed based on those

results. The Department will issue its final results of review not

later than 270 days after publication of this notice of initiation. All

written comments must be submitted to the Department and served on all

interested parties on the Department's service list in accordance with

19 CFR 351.303.

During the course of this changed-circumstances review, the current

requirement for a cash deposit of estimated antidumping duties on all

subject merchandise, including the merchandise subject to this changed-

[[Page 1593]]

circumstances review, will continue unless and until it is modified

pursuant to the final results of this changed-circumstances review.

This notice is in accordance with section 751(b)(1) of the Act and

19 CFR 351.216 and 351.221.

Dated: January 4, 2000.

Robert S. LaRussa,

Assistant Secretary for Import Administration.

[FR Doc. 00-631 Filed 1-10-00; 8:45 am]

BILLING CODE 3510-DS-P