Calcium Aluminate Flux From France; Final Results of Changed Circumstances Antidumping Duty Administration Review, Revocation of Order, and Rescission of Antidumping Duty Administrative Review.

DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-812]

Calcium Aluminate Flux From France; Final Results of Changed

Circumstances Antidumping Duty Administration Review, Revocation of

Order, and Rescission of Antidumping Duty Administrative Review.

AGENCY: Important Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of final results of changed-circumstances antidumping

duty administrative review, revocation of order, and rescission of

antidumping duty administration review.

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SUMMARY: On February 9, 1998, the Department of Commerce (the

Department) initiated a changed circumstances antidumping duty

administrative review of the antidumping duty order on calcium

aluminate flux (CA flux) from France, and issued the preliminary

results of review with intent to revoke the order (63 FR 6524). We

received one comment from the sole respondent, Lafarge Aluminates and

Lafarge Calcium Aluminates, Inc. (Lafarge), regarding the preliminary

results. We are now revoking the order on CA flux, based on fact than

the domestic party, Lehigh Portland Cement (Lehigh), has expressed its

lack of interest in the order on CA flux from France.

On June 30, 1997, Lafarge requested an administrative review of the

antidumping duty order on calcium aluminate flux from France. On August

1, 1997, the Department published in the Federal Register (62 FR 41339)

a notice of initiation of this administrative review for the period

June 1, 1996 through May 31, 1997. The Department is rescinding this

review as a result of the Department's revocation of the order due to

petitioner's expression of no interest in the order.

EFFECTIVE DATE: April 7, 1998.

FOR FURTHER INFORMATION CONTACT: Maureen McPhillips or Linda Ludwig,

Office of AD/CVD Enforcement Group III, Office 8, Import

Administration, International Trade Administration, 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 December 12, 1997, Lafarge, the respondent, requested that the

Department conduct a changed circumstances administrative review to

determine whether to revoke the antidumping duty order on CA flux from

France. Subsequent to Lafarge's request for a changed circumstances

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

producer of

[[Page 16967]]

the subject merchandise during the less-than-fair value (LTFV)

investigation, informed the Department that it had no interest in

continuing the antidumping duty order on CA flux from France (see

Memorandum to the File, January 28, 1998).

We preliminarily determined that petitioner's affirmative statement

of no interest constituted changed circumstances sufficient to warrant

a revocation of this order. Consequently, on February 9, 1998, the

Department published a notice of initiation and preliminary results of

changed circumstances antidumping duty administrative review and

consideration of revocation of the order (63 FR 6524). We gave

interested parties an opportunity to comment on the preliminary results

of this changed circumstances review. The respondent, Lafarge,

contended that the requirements for revocation of the order had been

met in this case and, therefore, the Department should issue a final

determination revoking the antidumping duty order on CA flux from

France. We received no other comments.

Scope of the Review

Imports covered by this changed circumstances 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.

Final Results of Changed Circumstances Antidumping Duty

Administrative Review; Revocation of Antidumping Duty Order;

Rescission of Antidumping Duty Administrative Review

The affirmative statement of no interest by the petitioner, the

only U.S. producer, in CA flux from France constitutes changed

circumstances sufficient to warrant revocation of this order.

Therefore, the Department is revoking the order on calcium aluminate

flux from France, pursuant to sections 751(b) and (d), and section

782(h) of the Act, as well as sections 351.216 and 351.222(g) of the

Department's regulations. Because we are revoking the order, we are

also rescinding the ongoing administrative review on CA flux from

France pursuant to section 751(d)(3) of the Act. This review covers the

period June 1, 1996 through May 31, 1997.

The Department, in accordance with 19 CFR 351.222, will instruct

the U.S. Customs Service (Customs) to proceed with liquidation, without

regard to antidumping duties, of all unliquidated entries of CA flux

from France, entered, or withdrawn from warehouse, for consumption on

or after June 1, 1996, the date of suspension of liquidation for the

1996-1997 administrative review. The Department will further instruct

Customs to refund with interest any estimated duties collected with

respect to unliquidated entries of CA flux entered, or withdrawn from

warehouse, for consumption on or after June 1, 1996, in accordance with

section 778 of the Act.

This notice also serves as a reminder to parties subject to

administrative protective order (APO) of their responsibility

concerning the disposition of proprietary information disclosed under

APO in accordance with 19 CFR 353.34(d). Timely written notification of

return/destruction of APO materials or conversion to judicial

protective order is hereby requested. Failure to comply with the

regulations and the terms of an APO is a sanctionable violation. Timely

written notification of the return/destruction of APO materials or

conversion to judicial protective order is hereby requested.

This changed circumstances administrative review, revocation of the

antidumping duty order, and notice are in accordance with sections

751(b) and (d) and 782(h) of the Act and sections 351.216(d) and

351.222(g) of the Department's regulations. The rescission of the 1996-

1997 antidumping duty administrative review on CA flux from France is

being rescinded in accordance with section 751(d)(3) of the Act.

Dated: March 30, 1998.

Robert S. LaRussa,

Assistant Secretary for Import Administration.

[FR Doc. 98-8974 Filed 4-6-98; 8:45 am]

BILLING CODE 3510-DS-M