AMENDED FINAL DETERMINATION AND ANTIDUMPING DUTY ORDER GRAY PORTLAND CEMENT AND CLINKER FROM JAPAN (A-588-815)

MESSAGE NO: 5228111 DATE: 08 16 1995 CATEGORY: ADA TYPE: FIN REFERENCE: REFERENCE DATE: CASES: A - 588 - 815 - - - - - - - - - - PERIOD COVERED: 08 01 1995 TO LIQ SUSPENSION DATE: TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS DISTRICT, AREA AND PORT DIRECTORS FROM: DIRECTOR, TECHNICAL PROGRAMS RE: AMENDED FINAL DETERMINATION AND ANTIDUMPING DUTY ORDER GRAY PORTLAND CEMENT AND CLINKER FROM JAPAN (A-588-815) 1. DUE TO A COURT RULING, THE MAY 10, 1991, AMENDED FINAL DETERMINATION AND ANTIDUMPING DUTY ORDER ON THE SUBJECT MERCHANDISE FROM JAPAN HAS BEEN AMENDED. ON AUGUST 1, 1995, THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER ITS AMENDED FINAL DETERMINATION AND ANTIDUMPING DUTY ORDER OF SALES AT LESS THAN FAIR VALUE IN THE ANTIDUMPNG DUTY INVESTIGATION OF GRAY PORTLAND CEMENT AND CLINKER FROM JAPAN (A-588-815). 2. THE PRODUCTS COVERED BY THIS ANTIDUMPING DUTY ORDER ARE GRAY PORTLAND CEMENT AND CLINKER. GRAY PORTLAND CEMENT IS A HYDRAULIC CEMENT AND THE PRIMARY COMPONENT OF CONCRETE. CLINKER, AN INTERMEDIATE MATERIAL PRODUCED WHEN MANUFACTURING CEMENT, HAS NO USE OTHER THAN GRINDING INTO FINISHED CEMENT. MICROFINE CEMENT IS SPECIFICALLY EXCLUDED FROM THE SCOPE OF THIS ORDER. IN 1991, GRAY PORTLAND CEMENT WAS CLASSIFIED UNDER THE HARMONIZED TARIFF SCHEDULE (HTS) ITEM NUMBER 2523.29, AND CLINKER WAS CLASSIFIABLE UNDER HTS ITEM NUMBER 2523.90 AS "OTHER HYDRAULIC CEMENTS." CURRENTLY, IMPORTS OF GRAY PORTLAND CEMENT IS CLASSIFIED UNDER HTS 2523.29.0000, AND CLINKER IS CLASSIFIED UNDER HTS ITEM NUMBER 2523.10.0000. ALTHOUGH THESE HTS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND CUSTOMS PURPOSES, OUR WRITTEN DESCRIPTION OF THE SCOPE IS DISPOSITIVE. 3. FOR IMPORTS OF GRAY PORTLAND CEMENT AND CLINKER FROM JAPAN, THE CUSTOMS SERVICE SHALL CONTINUE TO SUSPEND LIQUIDATION OF SUCH ENTRY SUMMARIES THAT ARE ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER OCTOBER 31, 1990. EFFECTIVE AUGUST 1, 1995, CUSTOMS SHALL REQUIRE FOR ENTRY SUMMARIES A CASH DEPOSIT EQUAL TO THE MARGINS SHOWN BELOW. MANUFACTURER/PRODUCER IDENTIFICATION WEIGHTED AVERAGE EXPORTER NUMBER MARGIN NIHON CEMENT CO., LTD. A-588-815-002 69.89 ALL OTHERS A-588-815-000 70.23 4. THE CASH DEPOSIT RATE FOR ONODA (A-588-815-001) HAS BEEN DETERMINED BY A SUBSEQUENT ADMINISTRATIVE REVIEW. 5. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS OFFICERS, PLEASE CONTACT, VIA E-MAIL, THROUGH THE APPROPRIATE SUPERVISORY CHANNELS, THE TECHNICAL PROGRAM DIVISION, ANTIDUMPING/COUNTERVAILING DUTY BRANCH, USING THE ATTRIBUTE "HQ OAB". THE IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD CONTACT MICHELLE FREDERICK, OF THE OFFICE OF ANTIDUMPING INVESTIGATIONS, IMPORT ADMINISTATION, INTERNATIONAL TRADE ADMINISTATION, U.S. DEPARTMENT OF COMMERCE AT (202) 482-0186. NANCY MCTIERNAN