Calcium Aluminate Flux From France; Initiation and Preliminary Results of Changed Circumstances Antidumping Duty Administrative Review, and Intent To Revoke Order

DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-812]

Calcium Aluminate Flux From France; Initiation and Preliminary

Results of Changed Circumstances Antidumping Duty Administrative

Review, and Intent To Revoke Order

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of initiation and preliminary results of changed

circumstances antidumping duty administrative review, and intent to

revoke order.

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EFFECTIVE DATE: February 9, 1998.

SUMMARY: In response to a December 12, 1997 request from Lafarge

Aluminates and Lafarge Calcium Aluminates (Lafarge), the sole

respondent in this case, the Department of Commerce (the Department) is

initiating a changed circumstances antidumping duty administrative

review and issuing an intent to revoke the order on calcium aluminate

flux from France. Based on the fact that Lehigh Portland Cement, the

petitioner, has expressed no interest in the importation and sales of

calcium aluminate flux, we have preliminarily determined to revoke the

antidumping duty order on calcium aluminate flux from France.

Interested parties are invited to comment on these preliminary

results.

FOR FURTHER INFORMATION CONTACT:

Maureen McPhillips or Linda Ludwig, AD/CVD Enforcement Group III,

Import Administration, International Trade Administration, U.S.

Department of Commerce, 14th Street and Constitution Avenue,

N.W., Washington, D.C. 20230; telephone (202) 482-0193 or (202) 482-

3833.

SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

Unless otherwise indicated, all citations to the statute are

references to the provisions effective January 1, 1995, the effective

date of the amendments made to the Tariff Act of 1930 (the Act) by the

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

indicated, all citations to the Department's regulations are to the

regulations codified at 19 CFR Part 351 (62 FR 27296, May 19, 1997).

Background

On March 25, 1994, the Department published the final determination

in the less-than-fair-value (LTFV) investigation on calcium aluminate

flux from France, and subsequently published an antidumping duty order

on June 13, 1994 (59 FR 30337). On December 12, 1997, Lafarge, the

respondent, requested that the Department conduct a changed

circumstances administrative review to determine whether a Lehigh

Portland Cement (Lehigh), the petitioner in the original investigation,

continues to have an interest in the antidumping duty order on calcium

aluminate flux. Based on information provided by Lafarge's customers

and contacts in the industry, Lafarge asserts that Lehigh is not

currently producing calcium aluminate flux and that it does not intend

to continue to supply calcium aluminate flux to U.S. customers in the

future. If we find that Lehigh is no longer a producer of calcium

aluminate flux and therefore has no further interest in the underlying

order, Lafarge requests that the Department revoke the antidumping duty

order based on these changed circumstances.

Subsequent to Lafarge's request for a changed circumstances

administrative review, Lehigh, the petitioner and the sole U.S.

producer of the subject merchandise during the original investigation,

informed the Department that it had no interest in continuing the

antidumping duty order on calcium aluminate flux from France (see

Memorandum to the File, January 28, 1998).

Scope of the Review

Imports covered by this review are shipments of CA flux, other than

white, high purity CA flux. This product contains by weight more than

32 percent but less than 65 percent alumina and more than one percent

each of iron and silica.

CA flux is currently classifiable under the Harmonized Tariff

Schedule of the United States (HTSUS) subheading 2523.10.0000. The

HTSUS subheading is provided for convenience and U.S. Customs' purposes

only. The written description of the scope of this order remains

dispositive.

Initiation and Preliminary Results of Changed Circumstances Antidumping

Duty Administrative Review, and Intent to Revoke

In accordance with Section 751(b) of the Act and section 351.216 of

the Department's regulations, the Department is initiating a changed

circumstances review on calcium aluminate flux from France to determine

whether revocation of the order is warranted. Section 782(h)(2) of the

Act and section 351.222(g)(1)(i) of the Department's regulations

further provide that the Department may revoke an order if it

determines that producers accounting for substantially all of the

production of the domestic like product have no further interest in the

order. In addition, in the event the Department determines that

expedited action is warranted, section 351.221(c)(3)(ii) of the

regulations permits the Department to combine the notices of initiation

and preliminary results. We believe that expedited action is warranted

in this case due to Lafarge's assertion that Lehigh has ceased

production of the subject merchandise altogether in the United States.

Based on an affirmative statement of no interest in the order by

the Petitioner, as memorialized in our January 28, 1998 Memorandum to

the File, we have preliminarily determined that the order on calcium

aluminate flux is no longer of interest to domestic interested parties.

Because we have concluded that expedited action is warranted, we are

combining these notices of initiation and preliminary results.

Therefore, we are hereby notifying the public of our intent to revoke

the antidumping duty order on calcium aluminate flux from France.

Interested parties may submit case briefs and/or written comments

no later

[[Page 6525]]

than 30 days after the date of publication of these preliminary

results. Rebuttal briefs and rebuttals to written comments, limited to

issues raised in such briefs or comments, may be filed no later than 37

days after the date of publication. The Department will issue the final

results of this changed circumstances review, which will include the

results of its analysis raised in any such written comments, no later

than 270 days after the date on which this review was initiated, or

within 45 days if all parties agree to our preliminary determination.

See section 351.216(e) of the Department's regulations.

If final revocation occurs, we will instruct the U.S. Customs

Service to end the suspension of liquidation and to refund, with

interest, any estimated antidumping duties collected for all

unliquidated entries of calcium aluminate flux from France. The current

requirement for a cash deposit of estimated antidumping duties on all

subject merchandise will continue unless and until it is modified

pursuant to the final results of this changed circumstances review.

This initiation of review and notice are in accordance with

sections 751(b) of the Act, as amended (19 U.S.C. 1675(b)), and 19

C.F.R. 351.216.

Dated: February 3, 1998.

Robert S. LaRussa,

Assistant Secretary for Import Administration.

[FR Doc. 98-3211 Filed 2-6-98; 8:45 am]

BILLING CODE 3510-DS-M