Вы находитесь на странице: 1из 9

13082 Federal Register / Vol. 71, No.

49 / Tuesday, March 14, 2006 / Notices

covered in this review, a prior review, DEPARTMENT OF COMMERCE Scope of Investigation

or the less–than-fair–value (LTFV) For a complete description of the
investigation, but the manufacturer is, International Trade Administration subject merchandise of this Agreement,
the cash deposit rate will be the rate see Section I.L of the Agreement.
established for the most recent period A–201–802
for the manufacturer of the subject Background
merchandise; and (4) the cash deposit Gray Portland Cement and Clinker On October 23, 1989, Commerce
from Mexico: Agreement Between the initiated an antidumping duty
rate for all other manufacturers or
Office of the United States Trade investigation of Mexican Cement. See
exporters will continue to be the ‘‘all
Representative, The United States Initiation of Antidumping Duty
others’’ rate of 0.98 percent, which is Department of Commerce and
the ‘‘all others’’ rate established in the Investigation; Gray Portland Cement
Secretaria de Economia of Mexico on and Clinker from Mexico, 54 FR 43190
LTFV investigation, adjusted for the Trade in Cement
export subsidy rate in the companion (October 23, 1989). On August 30, 1990,
countervailing duty investigation. These AGENCY: Import Administration, pursuant to the Final Determination of
cash deposit rates, when imposed, shall International Trade Administration, Sales at Less Than Fair Value; Gray
remain in effect until publication of the Department of Commerce. Portland Cement and Clinker from
final results of the next administrative SUMMARY: The Office of the United Mexico, 55 FR 29244 (July 18, 1990),
States Trade Representative (USTR) and Commerce issued an antidumping duty
review. See section 751(a)(2)(C) of the
the United States Department of order (Order) applicable to shipments of
Commerce (Commerce) have entered Mexican Cement. See Antidumping
Notification to Parties into an agreement with the Secretaria de Duty Order: Gray Portland Cement and
Economia of Mexico pertaining to Clinker from Mexico, 55 FR 35443
This notice serves as a final reminder imports of gray portland cement and (August 30, 1990). Since the issuance of
to importers of their responsibility clinker from Mexico (Mexican Cement). the Order, Commerce has conducted
under 19 CFR § 351.402(f)(2) to file a The Agreement Between the Office of fourteen administrative reviews,
certificate regarding the reimbursement the United States Trade Representative initiated a fifteenth administrative
of antidumping duties prior to and the Department of Commerce of the review, completed a five-year Sunset
liquidation of the relevant entries United States of America and the Review of the Order, and initiated a
during this review period. Failure to Ministry of Economy of the United second Sunset Review. Several of these
comply with this requirement could Mexican States (Secretaria de Economia) proceedings have been challenged
result in the Secretary’s presumption on Trade in Cement (Agreement) before NAFTA and WTO panels: Gray
that reimbursement of the antidumping provides for the settlement or Portland Cement and Clinker from
duties occurred and the concomitant suspension of ongoing litigation before Mexico: Notice of Final Results of
assessment of double antidumping North American Free Trade Agreement Antidumping Duty Administrative
duties. This notice is also the only (NAFTA) and World Trade Organization Review, 63 FR 12764 (March 16, 1998)
reminder to parties subject to the (WTO) panels challenging various (6th Review), Gray Portland Cement and
administrative protective order (‘‘APO’’) antidumping duty determinations Clinker from Mexico: Notice of Final
of their responsibility concerning the involving Mexican Cement. In addition, Results of Antidumping Duty
Commerce has agreed to compromise its Administrative Review, 65 FR 13943
return or destruction of proprietary
claims for duties with respect to entries (March 15, 2000) (8th Review), Gray
information disclosed under APO in
of Mexican Cement not currently in Portland Cement and Clinker from
accordance with 19 CFR § 351.305.
litigation. Finally, the Agreement Mexico: Notice of Final Results of
Timely written notification of the Antidumping Duty Administrative
return/destruction of APO materials or creates a system whereby Mexican
Cement imports will be subject to Review, 66 FR 14889 (March 14, 2001)
conversion to judicial protective order is (9th Review), Gray Portland Cement and
regional export limits, which will be
hereby requested. Failure to comply Clinker from Mexico: Notice of Final
monitored by both Commerce and
with the regulations and the terms of an Results of Antidumping Duty
Secretaria de Economia through export
APO is a sanctionable violation. license and import license systems. The Administrative Review, 67 FR 12518
The Department is publishing this Agreement provides that, if Mexican (March 19, 2002) (10th Review), Gray
notice in accordance with sections Cement producers successfully abide by Portland Cement and Clinker from
751(a)(1) and 777(i)(1) of the Act. the terms of the Agreement for three Mexico: Notice of Final Results of
years, then the antidumping duty order Antidumping Duty Administrative
Dated: March 7, 2006.
will be revoked with respect to those Review, 68 FR 1816 (January 14, 2003)
David M. Spooner, (11th Review), Gray Portland Cement
Assistant Secretary for Import and Clinker from Mexico: Notice of
Administration. EFFECTIVE DATE: April 3, 2006. Final Results of Antidumping Duty
FOR FURTHER INFORMATION CONTACT: Administrative Review, 68 FR 54203
Appendix Sally C. Gannon, Judith Wey Rudman, (September 16, 2003) (12th Review), and
Comments and Responses or Jonathan Herzog (202) 482–0162, Gray Portland Cement and Clinker from
1: Treatment of Sales with Negative Dumping
(202) 482–0192, and (202) 482–4271 Mexico: Notice of Final Results of
Margins respectively, Bilateral Agreements Unit, Antidumping Duty Administrative
2: Error Related to the Calculation of Net U.S. Office of Policy and Negotiations, Review, 69 FR 77987 (December 29,
Price Import Administration, International 2004) (13th Review), Gray Portland
wwhite on PROD1PC65 with NOTICES

Trade Administration, U.S. Department Cement and Clinker from Mexico:

[FR Doc. E6–3621 Filed 3–13–06; 8:45 am] of Commerce, 14th Street and Notice of Final Results of Antidumping
BILLING CODE 3510–DS–S Constitution Avenue, NW, Washington, Duty Administrative Review, 71 FR 2909
DC 20230. (January 18, 2006) (14th Review), and
SUPPLEMENTARY INFORMATION: Commerce’s final determination in Gray

VerDate Aug<31>2005 19:18 Mar 13, 2006 Jkt 208001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\14MRN1.SGM 14MRN1
Federal Register / Vol. 71, No. 49 / Tuesday, March 14, 2006 / Notices 13083

Portland Cement and Cement Clinker Administrative Reviews (Publication objectives of the Security and
from Mexico; Final Results of Full Pending). Prosperity Partnership of North
Sunset Review, 65 FR 41049 (July 3, The duration of the Agreement is America announced by President
2000) (2000 Sunset Review). three years. If all of the terms of the Fox and President Bush on March
Furthermore, certain International Trade Agreement are complied with by the 23, 2005;
Commission (ITC) determinations interested parties, the Agreement will
involving Mexican Cement have been expire on March 31, 2009, and
challenged before NAFTA panels as Commerce will revoke the Order. For I. Definitions
well. further details, please see the For purposes of this Agreement, the
On March 6, 2006, USTR, Commerce, Agreement, attached. following definitions shall apply:
and Secretaria de Economia entered into Dated: March 6, 2006. A. ‘‘Act’’ means the United States
the Agreement. Under its terms, the David M. Spooner, antidumping law, as contained in Title
Agreement settles or suspends the Assistant Secretary for Import VII of the Tariff Act of 1930, Sections
NAFTA litigation of the 6th Review, 8th Administration. 731 et seq., 19 U.S.C. Sections 1673, et
Review, 9th Review, 10th Review, 11th seq., as amended.
Review, 12th Review, 13th Review, 14th AGREEMENT BETWEEN THE OFFICE B. ‘‘Circumvention’’ means:
Review, 2000 Sunset Review, and two OF THE UNITED STATES TRADE 1. The exportation of Mexican Cement
challenges involving the ITC. A REPRESENTATIVE AND THE by a Mexican Cement Producer, any
challenge before the WTO is suspended DEPARTMENT OF COMMERCE OF person or enterprise in Mexico, or any
as well. In addition, the parties THE UNITED STATES OF AMERICA person or enterprise outside of Mexico
requesting the 15th administrative AND THE MINISTRY OF ECONOMY that is, as a matter of fact and law, acting
review of Mexican Cement, initiated on OF THE UNITED MEXICAN STATES on behalf of a Mexican Cement
September 28, 2005 (see 70 FR 56331 (SECRETARIA DE ECONOMIA) ON Producer, to a Sub–region that:
(September 28, 2005)), have requested TRADE IN CEMENT a. is not accompanied by an Export
rescission of that review. See Gray The Office of the United States Trade License;
Portland Cement and Clinker From Representative (‘‘USTR’’) and the b. for which an Import License has
Mexico: Rescission of Antidumping Department of Commerce (‘‘DOC’’) of not been issued, once the U.S.
Duty Administrative Review and the United States of America, of the one Import License system has been
Compromise of Outstanding Claims part, and the Ministry of Economy of the established; or
(Publication Pending). Commerce has United Mexican States (‘‘Secretaria de c. exceeds in quantity the Export
compromised claims to antidumping Economı́a’’ or ‘‘SE’’) of the other part; Limits for any Sub–region or the
duties for entries of Mexican Cement (hereinafter referred to as the ‘‘Parties’’) Export Rights allocated by SE to the
covered by both that review period, as enter into this Agreement (the producer of that cement; or
well as entries of subject merchandise ‘‘Agreement’’): 2. Shipping from Mexico to the United
that entered the United States from Desiring to resolve the numerous States, through third countries, Mexican
August 1, 2005 through April 2, 2006. trade disputes arising from the Cement that is unaccompanied by an
Furthermore, the Agreement provides a Mexican Cement Order and to Export License;
system whereby, for three years, promote more liberal and stable except for any such exports that are
Mexican exporters of subject trade in cement between Mexico inconsequential, inadvertent, or do not
merchandise will be subject to specific and the United States; substantially frustrate the purposes of
sub–regional export limits and will be Reaffirming the rights, obligations, this Agreement.
required to obtain, prior to entry, an and undertakings of the United C. ‘‘Date of Export’’ means the date on
export license issued by the States and Mexico under the North which SE issues an Export License.
Government of Mexico. Importers of American Free Trade Agreement D. ‘‘Effective Date’’ means April 3, 2006.
Mexican Cement will be required to (‘‘NAFTA’’) and the Marrakesh E. ‘‘Escrow Accounts’’ means the
apply for an import license number Agreement Establishing the World accounts at SunTrust Bank established
issued by Commerce. Both a copy of the Trade Organization (‘‘WTO’’) pursuant to the Escrow Agreement.
export license and the import license (including the Agreement on F. ‘‘Escrow Agreement’’ means the
number must be provided to U.S. Implementation of Article VI of the agreement entered into by the
Customs and Border Protection when GATT 1994); individual members of the Southern
the importer files Customs Form 7501. Sharing a common interest in Tier Cement Committee (‘‘STCC’’),
As a result of the litigation settlement, liberalizing trade in, and facilitating Holcim (US) Inc. (‘‘Holcim’’), Capitol
a new assessment rate will be applied to the cross–border movement of, Aggregates, Ltd. (‘‘Capitol Aggregates’’),
all entries of Mexican Cement from cement between the territories of and the U.S. importers of record of
Cementos Mexicanos de Mexico, S.A. de the United States and Mexico, Mexican Cement produced by CEMEX
C.V. (CEMEX), and GCC Cemento, S.A. consistent with the NAFTA; and GCCC, on the date of this
de C.V. (and its predecessor–in-interest, Desiring to ensure the satisfactory Agreement, CEMEX Cement, Inc.
Cementos de Chihuahua, S.A. de C.V.) resolution of a dispute settlement (formerly known as Sunbelt Cement,
(GCCC), covered by the various NAFTA proceeding in the WTO and Inc.) (‘‘CEMEX Cement’’), Gulf Coast
challenges. Furthermore, a new cash numerous proceedings under Portland Cement Co. (formerly known
deposit rate of $3.00 per metric ton has Chapter 19 of the NAFTA relating as HM Gulf Coast Portland Cement
been established for all entries from to the Mexican Cement Order; Company)(‘‘Gulf Coast Portland
CEMEX and GCCC after the effective Desiring, after a period during which Cement’’), and Rio Grande Portland
wwhite on PROD1PC65 with NOTICES

date of the Agreement as a result of the trade in cement would be governed Cement Corp. and its successor, GCC
settlement of the 14th review. See Gray through trade liberalizing measures, Rio Grande, Inc. (collectively ‘‘GCC Rio
Portland Cement and Clinker from to terminate the Mexican Cement Grande’’). The Escrow Agreement is
Mexico: Notice of Amended Final Order; and attached to this Agreement as Appendix
Results of Antidumping Duty Noting the trade–liberalizing 13.

VerDate Aug<31>2005 19:18 Mar 13, 2006 Jkt 208001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\14MRN1.SGM 14MRN1
13084 Federal Register / Vol. 71, No. 49 / Tuesday, March 14, 2006 / Notices

G. ‘‘Export License’’ means the Mexican Cement issued on August 30, Southwest Cement Co., Lone Star
document issued by SE in a given 1990 (55 FR 35443). Industries, Inc., National Cement Co. of
Export Limit Period (containing the N. ‘‘Mexican Cement Producers’’ means Alabama, National Cement Co. of
information described in Appendix 22) the producers of Mexican Cement on the California, Rinker Materials Corp., Salt
that authorizes an exporter in Mexico to Effective Date or at any time while this River Materials Group, Suwannee
export a certain quantity of Mexican Agreement is in force, including the American Cement Company, Inc., Texas
Cement during a given 90 day period Mexican Cement Producers Cementos Industries, Inc., Texas–Lehigh Cement
specified in the Export License and to Mexicanos of Mexico, S.A. de C.V. Co., and Titan America LLC.
a given Sub–region. (‘‘CEMEX’’), GCC Cemento, S.A. de C.V. R. The ‘‘Committee for Fairly Traded
H. ‘‘Export Limit’’ means the quantity of (and its predecessor–in-interest, Mexican Cement’’ means the coalition
Mexican Cement permitted to be Cementos de Chihuahua, S.A. de C.V. currently comprised of the following
exported (based upon the Date of (‘‘GCCC’’), Holcim Apasco, S.A. de C.V. companies (including their predecessors
Export) under Section III of this (‘‘Apasco’’), Cooperativa Cruz Azul, and successors in interest): TXI
Agreement from Mexico to a given Sub– S.C.L. (‘‘Cruz Azul’’), Cementos Riverside Cement Co. and all of the
region during a given Export Limit Moctezuma, S.A. de C.V. members of the STCC except Ash Grove
Period. (‘‘Moctezuma’’), and Lafarge Cementos, Cement Co., Inc.; Buzzi Unicem USA
I. ‘‘Export Limit Period’’ means one of S.A. For purposes of this Agreement, Inc.; Eagle Materials, Inc.; Giant Cement
the following periods: CEMEX and GCCC are considered to be Holding Inc.; and Lafarge North
First Export Limit Period – The period unrelated and unaffiliated entities. America, Inc. This Committee (rather
beginning on April 3, 2006 (the O. ‘‘Southern Tier’’ means the region of than the STCC) is the party to the sunset
Effective Date) and ending on the United States that is comprised of proceedings involving the Mexican
March 31, 2007. the following states: California, Arizona, Cement Order before the DOC and the
Second Export Limit Period – The New Mexico, Texas, Louisiana, International Trade Commission (‘‘ITC’’)
period beginning on April 1, 2007, Mississippi, Alabama, and Florida. and the related NAFTA panel
and ending on March 31, 2008. P. A ‘‘Sub–region’’ means one of the proceedings.
Third Export Limit Period – The following regions: S. ‘‘United States’’ means the customs
period beginning on April 1, 2008, ‘‘Alabama/Mississippi,’’ which territory of the United States of America
and ending on March 31, 2009. comprises the state of Alabama and and all foreign trade zones located in
J. ‘‘Export Rights’’ means the share of the state of Mississippi; the territory of the United States of
‘‘Arizona,’’ which comprises the state America.
the Export Limit for a given Sub–region
of Arizona; T. ‘‘USCBP’’ means United States
and Export Limit Period assigned by SE ‘‘California,’’ which comprises the
to a specific Mexican Cement Producer. Customs and Border Protection.
state of California; U. ‘‘1999 Sunset Review’’ means the five
K. ‘‘Import License’’ means the number ‘‘Florida,’’ which comprises the state
generated by the automatic import year review of the Mexican Cement
of Florida; Order under 19 U.S.C. § 1675(c)
licensing system established by DOC ‘‘New Mexico/El Paso,’’ which
(based on the information supplied by initiated by DOC in August 1999.
comprises the state of New Mexico V. ‘‘2005 Sunset Review’’ means the five
the U.S. importer of record as described and the following counties in the year review of the Mexican Cement
in Appendix 20). state of Texas: Cochran, Hockley, Order under 19 U.S.C. § 1675(c)
L. ‘‘Mexican Cement’’ means gray Lubbock, Yoakum, Terry, Lynn, initiated by DOC on October 3, 2005.
portland cement and clinker from Gaines, Dawson, Andrews, Martin,
Mexico. Gray portland cement is a El Paso, Hudspeth, Culberson, II. General Provisions
hydraulic cement and the primary Reeves, Loving, Winkler, Ector, A. This Agreement shall enter into force
component of concrete. Clinker, an Midland, Ward, Crane, Upton, Jeff on the Effective Date, provided that all
intermediate material produced when Davis, and Pecos; of the following events have occurred:
manufacturing cement, has no use other ‘‘Texas,’’ which comprises all of the 1. SE has established an Export License
than being ground into finished cement. counties in the state of Texas not system for all exports of Mexican
Specifically included within the scope included in the ‘‘New Mexico/El Cement to the United States.
of this definition are pozzolanic blended Paso’’ Sub–region; 2. The parties in the following NAFTA
cements and oil well cements. ‘‘New Orleans,’’ which comprises the panel proceedings concerning DOC
Specifically excluded are white cement state of Louisiana; and determinations have entered into a
and Type ‘‘S’’ masonry cement as ‘‘Rest of the United States,’’ which settlement agreement and, with the
defined in the DOC’s April 25, 1996, comprises all other states, consent of the other parties, DOC has
scope determination (61 FR 18381). territories, and regions of the filed a Notice of Motion requesting
Gray portland cement is currently United States. termination of the Panel reviews, as of
classifiable under the Harmonized Tariff Q. ‘‘Southern Tier Cement Committee’’ the Effective Date, pursuant to Rule
Schedule of the United States (HTSUS) means the coalition currently comprised 71(2) of the NAFTA Rules of Procedure
item number 2523.29 and cement of the following companies (including for Article 1904 Panel Reviews:
clinker is currently classifiable under their predecessors and successors in In the Matter of Gray Portland Cement
HTSUS item number 2523.10. Gray interest): Alamo Cement Co., Arizona and Clinker from Mexico,
portland cement has also been entered Portland Cement, Ash Grove Cement Secretariat File No. USA–MEX–
under HTSUS item number 2523.90 as Co., Inc., Ash Grove Texas LP, Buzzi 1998–1904–02 (6th Administrative
‘‘other hydraulic cements.’’ These Unicem USA Inc., California Portland Review);
HTSUS subheadings are provided for Cement Co., Eagle Materials, Inc.,
wwhite on PROD1PC65 with NOTICES

convenience and USCBP purposes; the Florida Crushed Stone Co., Giant In the Matter of Gray Portland Cement
written definition is controlling for Cement Holding Inc., Hanson and Clinker from Mexico,
purposes of this Agreement. Permanente Cement, Lafarge Building Secretariat File No. USA–MEX
M. ‘‘Mexican Cement Order’’ means the Materials, Inc., Lehigh Cement Co., 2000–1904–03 (8th Administrative
U.S. antidumping duty order on Lafarge North America, Inc., Lehigh Review);

VerDate Aug<31>2005 19:18 Mar 13, 2006 Jkt 208001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\14MRN1.SGM 14MRN1
Federal Register / Vol. 71, No. 49 / Tuesday, March 14, 2006 / Notices 13085

pursuant to this provision. These 12.12 of the WTO’s Understanding on

In the Matter of Gray Portland Cement instructions are attached to this Rules and Procedures Governing the
and Clinker from Mexico, Agreement as Appendix 2; Settlement of Disputes. The
Secretariat File No. USA–MEX– b. Issued instructions to USCBP, communication from the Chairman of
2001–1904–04 (9th Administrative pursuant to the settlement of the the panel granting this request is
Review); NAFTA litigation arising from the attached to this Agreement as Appendix
In the Matter of Gray Portland Cement 14th administrative review of the 8.
and Clinker From Mexico, Mexican Cement Order (Gray 8. CEMEX, GCCC, and the STCC and its
Secretariat File No. USA–MEX– Portland Cement and Clinker from members have filed documents, as
2002–1904–05 (10th Administrative Mexico: Notice of Final Results of appropriate, through their counsel, with
Review); Antidumping Duty Administrative DOC (attached to this Agreement as
In the Matter of Gray Portland Cement Review, 71 FR 2909 (January 18, Appendix 9):
and Clinker From Mexico, 2006)), to change the estimated duty a. Withdrawing all outstanding
Secretariat File No. USA–MEX– deposit rate for CEMEX and GCCC requests for administrative reviews
2003–1904–01 (11th Administrative to three U.S. Dollars ($3.00) per of the Mexican Cement Order under
Review); metric ton as of the Effective Date. Section 751 of the Act and
In the Matter of Gray Portland Cement Copies of these instructions are requesting DOC to rescind all
and Clinker From Mexico, attached to this Agreement as administrative reviews in progress
Secretariat File No. USA–MEX– Appendix 3. DOC shall publish a as of the Effective Date;
2003–1904–03 (12th Administrative Notice in the Federal Register b. Requesting DOC to lift any
Review); within 10 days of the Effective Date suspension of liquidation under 19
In the Matter of Gray Portland Cement amending the final results of the U.S.C. § 1516a(g)(5)(C)(i) and 19
and Clinker From Mexico, 14th administrative review and C.F.R. § 356.8 in connection with
Secretariat File No. USA–MEX– announcing the new deposit rate. A NAFTA panel reviews of DOC
2004–1904–03 (13th Administrative copy of the Notice is attached to administrative reviews concerning
Review); this Agreement as Appendix 4; all entries of Mexican Cement that
In the Matter of Gray Portland Cement c. Signed a determination (the text of entered the United States before the
and Clinker From Mexico, which is attached to this Agreement Effective Date; and
Secretariat File No. USA–MEX– as Appendix 5), that will be c. Requesting DOC to lift the
2006–1904–03 (14th Administrative published in the Federal Register suspension of liquidation instituted
Review); and within 10 days of the Effective Date, by DOC under 19 U.S.C.
In the Matter of Gray Portland Cement rescinding, pursuant to 19 C.F.R. § 1516a(g)(5)(C)(i) and 19 C.F.R.
and Clinker From Mexico, § 351.213(d)(1), all administrative § 356.8, pursuant to the NAFTA
Secretariate File No. USA–MEX– reviews of the Mexican Cement litigation covering the 1999 Sunset
2000–1904–05 (DOC Final Results Order in progress on the Effective Review:
of the 1999 Sunset Review). Date; and 1. of all entries of Mexican Cement
The settlement agreement and Notices d. Suspended the 2005 Sunset Review that entered the United States
of Motion are attached to this of the Mexican Cement Order. before the Effective Date; and
Agreement as Appendix 1. 5. CEMEX Cement, Gulf Coast Portland 2. of all entries of Mexican Cement
3. The ITC has filed, with the consent Cement, and GCC Rio Grande have each covered by any administrative
of CEMEX and GCCC, a Notice of executed an irrevocable power of review of such entries during an
Motion requesting termination of the attorney (all of which are attached to the administrative review period
panel review below, as of the Effective Agreement in Appendix 6) appointing ending after the Effective Date
Date, pursuant to Rule 71(2) of the SunTrust Bank as its attorney–in-fact to (following the end of the period for
NAFTA Rules of Procedure for Article take all actions required for receiving requesting that administrative
1904 Panel reviews: and depositing into the Escrow review), so that those entries can be
ITC Dismissal of a Request to Institute Accounts all refunds pursuant to this liquidated in accordance with this
a Section 751(b) Review (USA–MEX Agreement of estimated antidumping Agreement (provided that this
2002–1904–01). duties on Mexican Cement. Agreement remains in force at the
The Notice of Motion is attached to this 6. DOC, CEMEX Cement, Gulf Coast time liquidation is ordered).
Agreement As Appendix 1. Portland Cement, and GCC Rio Grande 9. CEMEX, GCCC, and Apasco have
4. DOC has taken each of the following have entered into settlement each filed an irrevocable letter with
actions: agreements, pursuant to Section 617 of DOC (attached to this Agreement as
a. Issued instructions to USCBP to the Tariff Act of 1930, 19 U.S.C. § 1617, Appendix 10) agreeing, in the event the
liquidate entries of Mexican Cement that take effect on the Effective Date, submitter of the letter has been found to
produced by CEMEX or GCCC that providing for the liquidation of all have engaged in Circumvention, to
were imported by CEMEX Cement, entries of Mexican Cement produced by participate in any accelerated changed
Gulf Coast Portland Cement, and CEMEX and GCCC entered from August circumstances review conducted by
GCC Rio Grande (listed on USCBP 1, 2004, through April 2, 2006, at the DOC (pursuant to Paragraph VII.C) to
Form 4811 designating SunTrust rate of ten U.S. cents ($0.10) per metric establish a new estimated antidumping
Bank as the agent), at the rate of ten ton. These settlement agreements are duty deposit rate, by:
U.S. cents ($0.10) per metric ton, attached to this Agreement as Appendix a. Filing with DOC, within two weeks
and to refund to the Escrow 7. of receiving a written request, a
Accounts the deposits of estimated 7. The World Trade Organization (WTO) submission with sufficient
wwhite on PROD1PC65 with NOTICES

duties in excess of that rate, with all panel in United States – Anti–Dumping information to enable DOC to
accrued interest thereon. DOC shall Measures on Cement from Mexico (WT/ calculate a weighted–average
work with USCBP, CEMEX, and DS281) has granted the Government of dumping margin, based on the
GCCC to ensure that all of CEMEX’s Mexico’s request for suspension of the company’s sales in the two most
and GCCC’s entries are liquidated panel proceedings, pursuant to Article recent quarters;

VerDate Aug<31>2005 19:18 Mar 13, 2006 Jkt 208001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\14MRN1.SGM 14MRN1
13086 Federal Register / Vol. 71, No. 49 / Tuesday, March 14, 2006 / Notices

b. Permitting DOC to verify the to this Agreement as Appendix 14), deposits pursuant to such a
submission in Paragraph II.A.9.a; effective on the Effective Date, stating, settlement to the importers of
c. Waiving the company’s right to as appropriate, that: record in care of SunTrust Bank
participate in the changed a. While this Agreement remains in (also attached to this Agreement as
circumstances review, other than by force, the party submitting the letter Appendix 15);
filing with DOC the submission will not request any review under b. A blanket statement of non–
described in Paragraph II.A.9.a and Section 751 of the Act of any reimbursement, pursuant to 19 CFR
one administrative brief two weeks Mexican Cement Producer that has § 351.402(f)(2), certifying that it has
before DOC’s final determination is not engaged in Circumvention. In not entered into any agreement or
scheduled to be issued; and the event that a Mexican Cement understanding for the payment of
d. Accepting that, if it does not make Producer engages in Circumvention, all or any part of antidumping
the submission described in the party submitting the letter duties by the manufacturer,
Paragraph II.A.9.a, DOC shall reserves the right to request an producer, seller or exporter of the
determine the new estimated duty administrative review and a subject merchandise (attached to
deposit rate on the basis of the facts changed circumstances review only this Agreement as Appendix 16);
available to be $42.63 per metric of exports by that Mexican Cement and
ton (the average of the calculated Producer; c. A waiver (attached to this
rates for the 12th and 13th b. Provided that this Agreement has Agreement as Appendix 17) of the
administrative review periods). not been terminated before March right under 19 U.S.C. § 1514 to
10. CEMEX, GCCC, the Committee for 31, 2009, the party submitting the protest the liquidation of the entries
Fairly Traded Mexican Cement, and the letter has ‘‘no interest’’ in subject to this Agreement, other
ITC have obtained from the NAFTA maintaining the Mexican Cement than to contest and correct:
panel reviewing the determination of Order after the expiration of this 1. the rate at which the entry was
the ITC in the 1999 Sunset Review a Agreement, except with respect to liquidated if the rate is other than
Notice of Suspension of Panel Review, any Mexican Cement Producer that the rate contained in the DOC
and the ITC has filed a Notice of Motion has substantially exceeded the instructions;
of Termination of Panel Review (ITC Export Rights allocated to it by SE 2. the calculation of the refund; or
Sunset Review of the Antidumping Duty for any Sub–region for the Third 3. clerical errors and mistakes of fact,
Order, USA–MEX–2000–1904–10) Export Limit Period; and following consultation with both
(attached to this Agreement as c. The party shall not file a petition DOC and SE, and agreement by both
Appendix 11) that, respectively, will: requesting remedies with respect to DOC and SE that the error or
a. suspend the Panel proceeding for as Mexican Cement under the Act, the mistake is, indeed, clerical in
long as this Agreement remains in U.S. countervailing duty law, nature or, indeed, a mistake of fact.
force; and Sections 201–204 of the Trade Act 16. CEMEX Cement, Gulf Coast Portland
b. terminate the Panel proceeding of 1974, as amended, or Sections Cement and GCCC Rio Grande have
upon notification by DOC to the 301–305 of the Trade Act of 1974, each certified to DOC that they have
NAFTA Secretariat that DOC has as amended, for the duration of this supplied a complete list of all entries
revoked the Mexican Cement Order Agreement and for a period of nine covered by the settlement in connection
as to CEMEX and GCCC, or DOC (9) months after this Agreement with this Agreement (attached to this
has determined not to revoke the expires and will oppose any such Agreement as Appendix 18).
Mexican Cement Order as to petition filed by any other person or B. The Parties undertake the following
CEMEX or GCCC pursuant to enterprise during that period. obligations once this Agreement has
Section XI.B. of this Agreement. 14. Representatives of SunTrust Bank, entered into force (provided that this
11. The Committee for Fairly Traded the institution responsible for the Agreement remains in force):
Mexican Cement, CEMEX, GCCC, and Escrow Accounts, have completed two 1. SE shall not issue an Export License
Apasco have filed with the DOC, copies of Form 5106, and CEMEX to any Mexican Cement Producer that
through their counsel, a letter (attached Cement, Gulf Coast Portland Cement has not filed the letter described in
to this Agreement as Appendix 12): and GCC Rio Grande have filed such Paragraph II.A.9 of this Agreement.
a. expressing their shared view that, copies of Form 5106 with USCBP, 2. DOC shall publish in the Federal
while this Agreement remains in providing Suntrust Bank’s addresses for Register, within 10 days of the Effective
force, the 2005 Sunset Review is purposes of receipt of refunds and Date, the notice (attached to this
neither required nor permitted, and interest payments from USCBP. One Agreement as Appendix 19) describing
should be suspended; and copy of Form 5106 will provide an this Agreement.
b. requesting DOC, if this Agreement agent’s number for the account used by 3. DOC shall notify SunTrust Bank in
has not been terminated before CEMEX Cement and Gulf Coast Portland writing, within 10 days of the Effective
March 31, 2009, to terminate the Cement. The second copy will provide Date, that this Agreement has become
2005 Sunset Review on that date. an agent’s number for the account used effective.
12. The STCC members, Capitol by GCC Rio Grande. These copies are
Aggregates, Holcim, CEMEX Cement, attached to this Agreement as part of 4. DOC shall publish in the Federal
Gulf Coast Portland Cement, and GCC Appendix 15. Register, within 10 days of the Effective
Rio Grande have entered into the 15. CEMEX Cement, Gulf Coast Portland Date, the notice (attached to this
Escrow Agreement attached to this Cement, and GCC Rio Grande have each Agreement as Appendix 5) announcing
Agreement as Appendix 13. filed with USCBP: the termination of all ongoing annual
13. The STCC and its members, Holcim, a. A Form 4811 for each U.S. port of administrative reviews of the Mexican
wwhite on PROD1PC65 with NOTICES

Capitol Aggregates, CEMEX Cement, entry having entries of Mexican Cement Order.
Gulf Coast Portland Cement, and GCC Cement that will be covered by a 5. To the extent that DOC does not
Rio Grande have each filed with DOC, settlement under this Agreement, receive a request for an administrative
either themselves or through their directing USCBP to send all refunds review of entries subject to the Mexican
counsel, an irrevocable letter (attached of estimated antidumping duty Cement Order at the close of each

VerDate Aug<31>2005 19:18 Mar 13, 2006 Jkt 208001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\14MRN1.SGM 14MRN1
Federal Register / Vol. 71, No. 49 / Tuesday, March 14, 2006 / Notices 13087

period for requesting such an Mexican Cement to the United 10. If this Agreement remains in force
administrative review, DOC shall order States while this Agreement on January 2, 2007, SE and USTR shall
liquidation of all entries under the remains in force. ensure that their respective governments
Mexican Cement Order at the deposit 7. DOC shall conduct an expedited new notify the WTO Dispute Settlement
rate in effect upon the date of entry, shipper review, upon request, of each Body, pursuant to Article 3.6 of the
pursuant to 19 CFR § 351.212. If, while Mexican exporter and its affiliated WTO Dispute Settlement
this Agreement is in force, DOC receives parties that: Understanding, that they have arrived at
a request for an administrative review of a. did not have an estimated duty a mutually agreed solution to the
entries of Mexican Cement produced or deposit rate established under the dispute United States - Anti–Dumping
exported by a Mexican Cement Mexican Cement Order; Measures on Cement from Mexico (WT/
Producer, DOC shall conduct that b. exports Mexican Cement to the DS281).
review as required by 19 U.S.C. Section United States while this Agreement
remains in force; and 11. If this Agreement terminates before
1675(a). However, DOC intends to settle, March 31, 2009, DOC promptly shall
under 19 U.S.C. § 1617, the claim for the c. has satisfied all of the applicable
certification requirements of 19 CFR resume the 2005 Sunset Review and
antidumping duties on the entries inform the ITC of the new
covered by the request at the estimated § 351.214(b).
8. DOC shall establish an automatic circumstances.
duty deposit rate in effect on the date of
entry. In deciding whether to reach such Import License system for Mexican
a settlement, DOC shall take into Cement for the purpose of monitoring C. This Agreement is without prejudice
account whether Circumvention has the level of imports of Mexican Cement. to the position of any Party regarding
occurred and whether SE has Once this Import License system is in the validity of the Mexican Cement
compensated for the Circumvention. operation, each importer of record of Order or the merits of any litigation
6. Upon request, DOC shall conduct an Mexican Cement will be required to related to the Mexican Cement Order.
expedited changed circumstances include the U.S. Import License number
review to establish a new estimated on the entry summary (or its electronic III. Export Limits and Export Licensing
duty deposit rate for any Mexican equivalent) provided to USCBP upon
entry into the United States. The list of A. SE shall ensure that no Mexican
Cement exporter (and its affiliated
information required on each Import Cement is exported (based on the Date
parties) that:
License application is attached as of Export) from Mexico to the United
a. had an estimated duty deposit rate
Appendix 20. States in a quantity that exceeds the
under the Mexican Cement Order;
b. did not receive the new estimated 9. DOC shall rely on the representations Export Limits set forth below. SE shall
duty deposit rate of three U.S. contained in the letters submitted by ensure that no Mexican Cement is
dollars ($3.00) per metric ton STCC, CEMEX, GCCC, Capitol exported (based on the Date of Export)
referenced in Section II.A.4.b of this Aggregates, and Holcim, through from Mexico to the United States
Agreement; and counsel, referenced in Section II.A.13.b without an Export License.
c. exported Mexican Cement to the of this Agreement, as the basis for the 1. The Export Limits for Mexican
United States in the year preceding commitments made by DOC in Sections Cement for the First Export Limit Period
the Effective Date or exports IX and XI of this Agreement. for each Sub–region shall be:

a. Alabama/Mississippi ............................................................................................................................................ 55,000 metric tons

b. Arizona ................................................................................................................................................................. 1,250,000 metric tons
c. California .............................................................................................................................................................. 150,000 metric tons
d. Florida .................................................................................................................................................................. 200,000 metric tons
e. New Mexico/El Paso ........................................................................................................................................... 725,000 metric tons
f. New Orleans ......................................................................................................................................................... 280,000 metric tons
g. Texas ................................................................................................................................................................... 215,000 metric tons
h. Rest of United States .......................................................................................................................................... 125,000 metric tons
Total ......................................................................................................................................................................... 3,000,000 metric tons

2. DOC shall adjust the Export Limit for Export Limits for that period. order to respond to increased U.S.
each Sub–region for the Second and b. Adjustment for New Orleans: DOC demand for cement in connection with
Third Export Limit Periods as follows: shall increase the base Export Limit a declaration of a state of emergency as
a. Export Limit calculation: DOC shall calculated under Paragraph III.A.2.a the result of a disaster. DOC shall only
increase or decrease the Export for New Orleans by 25,000 metric accept an application for an Import
Limit for the previous Export Limit tons and decrease the base Export License from a U.S. importer of record
Period by the percent change (up to Limit for the Rest of the United of such additional Mexican Cement that
4.5 percent) in apparent States by 25,000 metric tons. This states that the imports will be used for
consumption of cement in that one–time adjustment to the base the purpose of disaster relief.
Sub–region during the most recent Export Limit shall apply to both the 4. SE may carry over to the next Export
12 months for which data is Second and Third Export Limit Limit Period or carry back to the current
available at the time DOC makes Periods. Export Limit Period up to 8 percent of
this calculation, as compared to the 3. DOC and SE shall consult, as the Export Limit for each Sub–region
previous 12 months (as described in necessary, regarding whether any of the (except for Arizona, for which the
wwhite on PROD1PC65 with NOTICES

Appendix 21). DOC shall provide to Export Limits should be increased (after allowed carry–over or carry–back is 5
SE, STCC, Holcim, and Capitol all other adjustments provided for by per cent). The quantity permitted to be
Aggregates, no later than 60 days this Agreement) by a combined total for carried over or carried back under this
before the beginning of the Second all Sub–regions of up to 200,000 metric paragraph shall be calculated on the
and Third Export Limit Periods, the tons in any Export Limit Period, in basis of the Export Limit before any

VerDate Aug<31>2005 19:18 Mar 13, 2006 Jkt 208001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\14MRN1.SGM 14MRN1
13088 Federal Register / Vol. 71, No. 49 / Tuesday, March 14, 2006 / Notices

adjustment under Paragraph III.A.2.a 3. Be issued in the Spanish language. allegation, based on evidence, of a
(for changes in apparent consumption) C. DOC shall require that each importer market access barrier or an unfair trade
or adjustments under Paragraph III.A.2.b submit to USCBP, with its entry or business practice that may prevent
(for New Orleans and the Rest of the summary package, a valid Export cement from the other country from
United States), or any increase under License. For multiple shipments at entering its market.
Paragraph III.A.3 with respect to a state multiple ports or multiple entries at one B. SE and DOC, shall, with the support
of emergency. port, the original license shall be of the Mexican and U.S. cement
B. SE shall allocate Export Rights to presented with the first entry and a copy industries, establish a North American
Mexican Cement Producers in of the Export License shall be presented Cement Committee in order to facilitate
accordance with the Export Limits with each subsequent entry. cement trade between Mexico and the
specified or calculated under Section D. DOC shall deduct from the amount United States. The Parties shall hold the
III.A., taking into consideration each authorized on each Export License the first meeting of the new cement
producer’s exports to the United States quantity of each shipment reported on committee within six months of the
during the previous five year period. SE corresponding Import Licenses for the Effective Date. The committee will
shall reserve at least 6 percent by appropriate Export Limit for the given analyze possible mechanisms that could
volume of the Export Limit for exports Sub–region for the Export Limit Period, promote cement trade between the
of Mexican Cement Producers which based on the Date of Export. The United States and Mexico, such as:
have not previously shipped Mexican validity of an Export License shall not 1. International buyer delegations:
Cement to the United States during the be affected by any subsequent change of Encourage delegations of Mexican
last five years. an HTSUS number. buyers/end–users of cement and cement
C. SE shall not issue Export Licenses E. SE shall take the following measures products to participate in major trade
authorizing the export of a quantity of to ensure compliance with the Export shows in the United States, and U.S.
Mexican Cement to any Sub–region in Limits: buyers/end–users of cement and cement
any half of any Export Limit Period that products to participate in major trade
exceeds 60 percent of the Export Limit 1. Ensure that no Mexican Cement is shows in Mexico.
for that Sub–region for that Export Limit exported from Mexico (based on the 2. Technical seminars: Co–host
Period (before any carry forward or Date of Export) for entry into the United technical seminars at relevant trade
carry back adjustments provided for in States that exceeds the applicable shows in Mexico and the United States
this Agreement). This provision shall Export Limit for each applicable Sub– to discuss new products and to present
not apply to exports to the Sub–regions region or Export Rights for each U.S. producers to the Mexican industry,
of Alabama/Mississippi and the Rest of Mexican Cement Producer. and Mexican producers to the U.S.
the United States. 2. Ensure that each Mexican Cement industry, respectively.
D. SE shall enforce the Export Limits Producer certifies, when applying for an 3. Trade missions: Co–host trade
under the Mexican Foreign Trade Law Export License, that it will deliver missions to Mexico and the United
(‘‘Ley de Comercio Exterior’’) by Mexican Cement only to the specified States of U.S. cement (and related
establishing an Export License system in Sub–region for which the Export products) producers and Mexican
accordance with Articles 4III, 5V, 15II, License is being requested. cement (and related products)
21, 23 and 24 of that law, and the 3. Ensure that each Mexican Cement producers, respectively.
relevant provisions of the Foreign Trade Producer that exports Mexican Cement 4. Market research and trade leads:
Law Regulations. to the United States certifies, when Facilitate the collection and
applying for an Export License, that it dissemination of information on market
IV. Implementation will provide to SE and DOC a monthly opportunities for U.S. cement products
A. Under the Export License system, SE report specifying the date of sale, in Mexico, and Mexican cement
shall permit exports (based upon the quantity, the complete name and products in the United States, including
Date of Export) of Mexican Cement to address (including county) of each specific trade leads and project
the United States only when the affiliated and unaffiliated purchaser to opportunities.
shipment is accompanied by a valid whom Mexican Cement was sold, and
Export License. the Export License numbers pursuant to C. SE and DOC shall monitor these
B. Each Export License shall: which the Mexican Cement that was activities and how they influence the
1. Contain all of the information set out sold during that month was imported evolution of trade in cement between
in Appendix 22 to this Agreement (an into the United States. This monthly Mexico and the United States. SE and
official translation in English) and report shall be due 30 days after the end DOC shall consult on a quarterly basis
identify the time period for which the of each month (or the next business and discuss any areas where
Export License is effective. Additional day). improvement may be made. SE and
information may be included on the DOC intend to invite Canada to join the
Export License or, if necessary, on a 4. Permit verification by DOC of all North American Cement Committee.
separate page attached to the Export information concerning the enforcement D. SE shall ensure that any Mexican
License. of the Export Limits on an annual basis, importer of cement designated by a U.S.
to the extent not prohibited by Mexican cement producer or exporter is
2. Be issued sequentially by each Law. permitted to be registered into the
regional office of SE in Mexico and Mexican Importers’ Registry (‘‘Padron
counted against the Export Limit and V. Market Access de Importadores’’) and the Mexican
Export Rights for the relevant Export A. SE and DOC are committed to Importers’ Registry for Specific Sectors
Limit Period for each Sub–region. identifying and addressing any barriers (Padron de Importadores para Sectores
wwhite on PROD1PC65 with NOTICES

Export Licenses shall remain valid for to market access that may prevent open Especificos’’), provided that the
entry into the United States for 90 days. and stable trade in cement between the importer fully complies with the
DOC and SE may agree to an extension United States and Mexico. SE and DOC requirements set out under Mexican
of the validity of the Export License in promptly and completely shall law. These registration requirements are
extraordinary circumstances. investigate, as appropriate, any specific set forth in Appendix 23 to this

VerDate Aug<31>2005 19:18 Mar 13, 2006 Jkt 208001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\14MRN1.SGM 14MRN1
Federal Register / Vol. 71, No. 49 / Tuesday, March 14, 2006 / Notices 13089

Agreement. In the event that an 2. a. Monitor all exports of Mexican and to counsel for SE all business
application for any of these registries is Cement to the United States and deduct proprietary information submitted to
denied, the Mexican importer may the quantity of each such export from DOC:
request SE to consult with the the Export Limit identified on the 1. under this Agreement, pursuant to
competent authority. In such case, SE Export License; and this Agreement for Disclosure of, and
shall inform the importer in writing, b. Prevent, in coordination with the Access to, Business Proprietary
within 45 days of the request, of the Mexican General Customs Information (attached to this Agreement
reasons for which the application was Administration, the exportation of as Appendix 26); and
denied. any Mexican Cement not 2. during the course of any
accompanied by an Export License administrative proceedings relating to
E. SE shall ensure that the Camara or in a quantity exceeding the Mexican Cement conducted by DOC
Nacional del Cemento de Mexico quantity shown on the Export following the entry into force of this
(‘‘CANACEM’’), CEMEX, GCCC and License. Agreement, pursuant to DOC’s
Apasco each submit a letter to SE 3. Collect and provide to DOC regulations and standard procedures
(attached to this Agreement as information on Export Licenses issued governing the release of business
Appendix 24) stating that: in the format specified in Appendix 25 proprietary information.
1. It will not interpose an objection with to this Agreement, including a copy of VII. Circumvention
the competent authority in Mexico to an each Export License issued. This
information shall be collected for the A. The Parties shall take the following
application by any Mexican importer measures to address Circumvention:
designated by a U.S. cement producer or six-month period beginning on the
Effective Date and each subsequent six- 1. DOC shall investigate any alleged
exporter to be registered into the Circumvention that is brought to its
Mexican Importers’ Registry or the month period and will be provided no
later than 60 days following the end of attention, both by asking SE to
Mexican Importers’ Registry for Specific investigate such allegations and by itself
Sectors to import U.S. - produced each such six-month period.
4. Collect and provide to DOC gathering relevant information. In such
cement. case, DOC shall provide to SE all
information identifying each shipment
of Mexican Cement made pursuant to relevant information, provided that this
2. If it files an objection with the is not prohibited by U.S. law. DOC shall
each Export License in the format
competent authority in Mexico to an notify SE of the results of the inquiry
specified in Appendix 25. This
application for inclusion on either within 15 days after the conclusion of
information shall be collected for the
registry filed by a Mexican importer, the inquiry.
six-month period beginning on the
designated by a U.S. cement producer or 2. SE shall investigate any alleged
Effective Date and each subsequent six-
exporter to register to import cement Circumvention that is brought to its
month period and will be provided to
produced in a third country, the writer attention. SE shall promptly initiate an
DOC no later than 60 days following the
of the letter will provide a copy of the inquiry into the alleged Circumvention,
end of each such six-month period.
objection to SE. 5. Permit DOC to verify all information and normally complete the inquiry
SE shall ensure that, if CANACEM, furnished by SE to DOC under this within 45 days. SE shall notify DOC of
CEMEX, GCCC, or Apasco should object Agreement to the extent not prohibited the results of the inquiry within 15 days
to an application for inclusion on either by Mexican Law. after its conclusion.
registry as described in subparagraphs B. DOC shall monitor and collect the B. If a Mexican person or enterprise has
(E) (1) and (2), it shall provide DOC with following information to determine engaged in Circumvention that results
a copy of the objection within 45 days. whether there have been imports of in an Export Limit being exceeded, DOC
F. To the extent that an objection Mexican Cement into the United States and SE shall deduct from the Export
described in Paragraph E above contains that may be inconsistent with this Limit for the Sub–region and Export
confidential information, SE shall Agreement and, to the extent not Limit Period for which the Export Limit
ensure that the companies will consult prohibited by U.S. law, provide this was exceeded (or, if the Export Limit for
with SE to explain the nature of the information to representatives of all that Sub–region and Export Limit Period
confidential information. If possible, SE interested parties to this segment of the has been filled, the following Export
shall obtain a non–confidential DOC proceedings on Mexican Cement Limit Period) 150 percent of the
summary of the information and (as defined by Section 771(9) of the Act) quantity of Mexican Cement involved.
provide that summary to DOC. upon request: DOC and SE shall notify the other Party
1. U.S. Bureau of the Census data, and of any penalties imposed under this
VI. Monitoring and Notifications
other publicly–available data, on a Section within 15 days of their
A. As is necessary and appropriate to quarterly basis. imposition.
monitor the implementation of, and 2. U.S. Bureau of the Census C. If there has been Circumvention for
compliance with, this Agreement, SE computerized records that include the which SE has not compensated by
shall: quantity and value of each entry. DOC reducing the Export Limit for the
1. Within thirty days following the may also request USCBP to provide applicable Sub–region consistent with
allocation of Export Rights for any other specific entry information, such as Paragraph VII.B, DOC may self–initiate
Export Limit Period, notify DOC of the the identity of the producer/exporter an accelerated changed circumstances
quantity allocated to each recipient for which may be responsible for such review (to be completed within 90 days
each applicable Sub–region. SE also sales. of initiation) of the producer of the
shall inform DOC of any changes in the 3. Information from the Import License Mexican Cement involved in the
allocation of Export Rights within 30 system established under this Circumvention, in order to change the
wwhite on PROD1PC65 with NOTICES

days of the date on which such changes Agreement. deposit rate applicable to that Mexican
become effective, including the C. DOC shall release to counsel for the Cement Producer. In the event that DOC
allocation of Export Rights for Mexican interested parties to this segment of the receives a petition requesting a changed
Cement carry–over or carry–back DOC proceedings on Mexican Cement circumstances review of a Mexican
pursuant to paragraph III.A.4. (as defined by Section 771(9) of the Act) Cement Producer as a result of

VerDate Aug<31>2005 19:18 Mar 13, 2006 Jkt 208001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\14MRN1.SGM 14MRN1
13090 Federal Register / Vol. 71, No. 49 / Tuesday, March 14, 2006 / Notices

Circumvention by that producer for B. USTR shall not self–initiate an action communications and notice shall be
which SE has compensated under under Sections 201–204 of the Trade given and addressed to:
Paragraph VII.B of this Agreement, DOC Act of 1974, as amended, or any Office of the United States Trade
will consider the compensation (and successor law, with respect to imports Representative, Office of the Americas,
penalties imposed upon that producer) of Mexican Cement. 600 17th St., N.W., Washington, D.C.
material to its decision whether to C. USTR shall not self–initiate an 20508.
initiate such a review, and will reflect investigation under Sections 301–305 of U.S. Department of Commerce,
its consideration of that material factor the Trade Act of 1974, as amended, or Assistant Secretary for Import
in its written decision on whether to any successor law, with respect to Administration, International Trade
initiate the review. Should a changed imports of Mexican Cement. Administration, Washington, DC 20230.
circumstances review be initiated under D. SE shall not initiate an investigation Secretaria de Economia, Subsecretaria
this provision, SE shall require the or take action under Titles V or VI of the de Negociaciones Comerciales
Mexican Cement Producer in question Mexican Foreign Trade Law, or any Internacionales, Alfonso Reyes, 30- 9th
to provide to DOC, within two weeks successor law, with respect to imports Floor, Col. Condesa, C.P. 06400, Mexico
after the date of initiation of the review, of cement from the United States. If D.F.
all cost and sales data for the two most CEMEX, GCCC, or Apasco files with SE Signed at Washington, DC, on this 6th
recently completed quarters, or accept a a petition for an investigation under day of March, 2006.
new deposit rate based on the facts Title V of the Mexican Foreign Trade
Law, SE shall dismiss the petition, For the Office of the United States Trade
available, in the amount of $42.63 per Representative of the United States of
metric ton (the average of the rates for based upon the letter from that producer America: Robert Portman
the 12th and 13th administrative reviews attached to this Agreement as Appendix
of Mexican Cement). 27 or submitted by that producer to SE For the United States Department of
D. DOC shall require all importers of after the date this Agreement is signed. Commerce of the United States of America:
Carlos Guiteriez
Mexican Cement into the United States X. Violations of this Agreement
to submit to DOC a written statement, For the Ministry of Economy (Secretaria de
30 days after the end of every quarter (or The Parties shall not consider a Economia) of the United Mexican States:
on the next business day), listing all violation of this Agreement as being Sergio Garcia De Alba
entries of such merchandise and material unless corresponding to the [FR Doc. E6–3531 Filed 3–13–06; 8:45 am]
certifying that the Mexican Cement definition of a material violation or BILLING CODE 3510–DS–S
imported during that quarter was not breach contained in the Vienna
obtained under any arrangement in Convention on the Law of Treaties.
Circumvention. Where DOC has reason XI. Duration of this Agreement and DEPARTMENT OF COMMERCE
to believe that such a certification has Revocation of the Order
been made falsely, DOC shall refer the International Trade Administration
A. This Agreement shall expire on
matter to the United States Department [A–533–843, A–570–901]
March 31, 2009, provided that it has not
of Homeland Security or the United
been terminated before that date.
States Department of Justice for further B. Provided that this Agreement has not Notice of Postponement of Preliminary
action, as appropriate. been terminated before March 31, 2009, Determinations of Antidumping Duty
DOC shall revoke the Mexican Cement Investigation: Certain Lined Paper
VIII. Consultations
Order on April 1, 2009, for all Mexican Products from the People’s Republic
The Parties shall hold consultations Cement Producers that have not of China and India
concerning the implementation, exported any Mexican Cement to the
operation and enforcement of this AGENCY: Import Administration,
United States since August 30, 1990, or International Trade Administration,
Agreement at least once each year that have not exported substantially
during the anniversary month of the Department of Commerce.
more than the Export Limits allocated EFFECTIVE DATE: March 14, 2006.
Effective Date and upon request by SE, by SE to such producers for any Sub–
DOC, or USTR. Within six months of the region for the Third Export Limit FOR FURTHER INFORMATION CONTACT: For
Effective Date, SE and DOC shall Period. The revocation shall be based on the People’s Republic of China, contact
consult regarding the information the ‘‘no interest’’ statements submitted Marin Weaver at (202) 482–2336 or
exchanged under this Agreement. in the letters of Section II.A.13 of this Charles Riggle at (202) 482–0650, and
Agreement. for India, contact Christopher Hargett at
IX. Intentions of the Parties with
C. Any Party may terminate this (202) 482–4161, AD/CVD Operations,
Respect to Future Unfair Trade Actions
Agreement upon 90 days written notice Import Administration, International
and Challenges to this Agreement
to the other Parties. Trade Administration, U.S. Department
For the duration of this Agreement and D. If this Agreement terminates before of Commerce, 14th Street and
for nine (9) months after the expiration March 31, 2009, for any reason, any Constitution Avenue, NW, Washington,
of this Agreement: amounts remaining in the Escrow DC 20230.
A. DOC shall not self–initiate an Account shall be distributed in SUPPLEMENTARY INFORMATION:
investigation under Title VII of the Act, accordance with the specific provisions
or any successor law, with respect to Postponement of Preliminary
in the Escrow Agreement providing for Determinations
imports of Mexican Cement. If a petition that contingency.
for such an investigation is filed by a On October 6, 2005, the Department
member of the STCC, Holcim, or Capitol XII. Other Provisions of Commerce (‘‘Department’’) published
wwhite on PROD1PC65 with NOTICES

Aggregates, DOC shall dismiss the A. The English and Spanish language the initiation of the antidumping duty
petition, based upon the letters versions of this Agreement shall be investigations of certain lined paper
submitted by those parties and equally authentic. products from India, Indonesia and the
referenced in Paragraph II.A.13 of this B. For all purposes hereunder, the People’s Republic of China. See
Agreement. Parties shall be represented by, and all Initiation of Antidumping Duty

VerDate Aug<31>2005 20:18 Mar 13, 2006 Jkt 208001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\14MRN1.SGM 14MRN1