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ENTRY SUMMARIES THAT ARE ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR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