MESSAGE NO: 6100206 DATE: 4/10/2006

CATEGORY: ADA TYPE: LIQ

REFERENCE: REFERENCE DATE:

CASES: A-201-802

PERIOD COVERED: 08/01/2004 TO 07/31/2005

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS, PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: NOTIFICATION OF RESCISSION OF AD ADMIN REV OF AD ORDER, OF GRAY
PORTLAND CEMENT & CLINKER FROM MEXICO PROD\'D OR, EXP\'D BY CEMEX OR
GCCC (A-201-802-001,-004,-006)

1\. THE DEPARTMENT OF COMMERCE HAS ISSUED THE NOTICE OF

RESCISSION OF ANTIDUMPING DUTY ADMINISTRATIVE REVIEW AND

COMPROMISE OF OUTSTANDING CLAIMS OF CERTAIN MANUFACTURERS

/EXPORTERS SUBJECT TO THE ANTIDUMPING DUTY ORDER ON GRAY

PORTLAND

CEMENT AND CLINKER (CEMENT) FROM MEXICO FOR THE PERIOD

08/01/2004

THROUGH 07/31/2005. THE NOTICE WILL BE PUBLISHED IN THE

FEDERAL

REGISTER SHORTLY.

2\. FOR ALL SHIPMENTS OF CEMENT FROM MEXICO PRODUCED OR

EXPORTED

BY CEMEX, S.A. DE C.V. (CEMEX) (A-201-802-001) OR GCCC

CEMENTO,

S.A. DE C.V. (GCCC) (A-201-802-006)(FORMERLY KNOWN AS CEMENTOS

DE

CHIHUAHUA, S.A. DE C.V. (CDC)(A-201-802-004)), IMPORTED BY OR

SOLD TO (AS INDICATED ON THE COMMERCIAL INVOICE OR CUSTOMS

DOCUMENTATION) THE FIRMS LISTED BELOW, AND ENTERED OR

WITHDRAWN

FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD 08/01/2004

THROUGH 07/31/2005, ASSESS AN ANTIDUMPING LIABILITY EQUAL TO

THE

PER-UNIT AMOUNTS LISTED BELOW.

IMPORTER OR CUSTOMER PER-UNIT

AMOUNT

SUNBELT CEMENT INC. \$.10 PER MT

GCC RIO GRANDE, INC. \$.10 PER MT

RIO GRANDE PORTLAND CEMENT CORP. \$.10 PER MT

CEMEX CEMENT, INC. (FORMERLY KNOWN AS CEMEX USA

CEMENT, INC., AND SUNBELT CEMENT, INC.) \$.10 PER MT

GULF COAST PORTLAND CEMENT CO. (FORMERLY KNOWN

AS HM GULF COAST PORTLAND CEMENT COMPANY) \$.10 PER MT

CEMEX CEMENT OF TEXAS, L.P. (FORMERLY KNOWN

AS CEMEX USA CEMENT OF TEXAS L.P. AND

SUNBELT CEMENT OF TEXAS L.P.) \$.10 PER MT

CEMEX PACIFIC COAST CEMENT CORPORATION (FORMERLY

KNOWN AS PACIFIC COAST CEMENT CORPORATION) \$.10 PER MT

CEMEX CORP. (CEMEX USA, INC.) (FORMERLY KNOWN AS

CEMEX USA, INC., AND SUNBELT CORPORATION) \$.10 PER MT

CEMEX CEMENT, INC. \$.10 PER MT

CEMEX, INC. (SOUTHDOWN, INC.) (FORMERLY KNOWN AS

SOUTHDOWN, INC., SOUTHDOWN SUGARS, INC., AND

REALTY OPERATORS, INC.) \$.10 PER MT

3\. CBP SHALL ONLY LIQUIDATE ENTRIES OF CEMENT PRODUCED BY

CEMEX

OR GCCC THAT WERE IMPORTED BY THE IMPORTERS LISTED IN

PARAGRAPH

TWO WHICH ALSO APPEAR ON THE LIST OF ENTRIES PROVIDED BY THE

IMPORTERS WITH THE CBP FORM 4811, DATED 04/03/2006 FOR CEMEX

AND

03/06/2006 FOR GCCC, WHICH DESIGNATED SUNTRUST BANK, HAVING

EITHER AGENT NUMBER 58-0466330-CX OR 58-0466330-GC, AS THE

AGENT.

4\. PURSUANT TO THE PUBLICATION OF THE NOTICE OF THE

SETTLEMENT

AGREEMENT ON GRAY PORTLAND CEMENT AND CLINKER FROM MEXICO (71

FR

13082 (03/14/2006)), NOTICE OF THE LIFTING OF SUSPENSION OF

LIQUIDATION OF ENTRIES FOR THE MERCHANDISE DURING THE PERIOD

08/01/2004 THROUGH 07/31/2005 OCCURRED ON APRIL 3, 2006. FOR

ALL OTHER SHIPMENTS OF CEMENT FROM MEXICO YOU SHALL, UNLESS

OTHERWISE INSTRUCTED, CONTINUE TO COLLECT CASH DEPOSITS OF

ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE

CURRENT

RATES.

5\. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CBP ON ENTRIES OF

THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF SECTION 778

OF

THE TARIFF ACT OF 1930. SECTION 778 REQUIRES THAT CBP PAY

INTEREST ON OVERPAYMENTS AND ASSESS INTEREST ON UNDERPAYMENTS

OF

THE REQUIRED AMOUNTS DEPOSITED AS ESTIMATED ANTIDUMPING

DUTIES.

THE INTEREST PROVISIONS ARE NOT APPLICABLE TO CASH OR BONDS

POSTED AS ESTIMATED ANTIDUMPING DUTIES BEFORE THE DATE OF

PUBLICATION OF THE ANTIDUMPING DUTY ORDER. INTEREST SHALL BE

CALCULATED FROM THE DATE PAYMENT OF ESTIMATED ANTIDUMPING

DUTIES

IS REQUIRED THROUGH THE DATE OF LIQUIDATION. THE RATE AT

WHICH

SUCH INTEREST IS PAYABLE IS THE RATE IN EFFECT UNDER SECTION

6621 OF THE INTERNAL REVENUE CODE OF 1954 FOR SUCH PERIOD.

6\. PURSUANT TO THE SETTLEMENT AGREEMENT GCCC AND CEMEX HAVE

PROVIDED THE APPROPRIATE REIMBURSEMENT STATEMENTS FOR ALL

ENTRIES COVERED BY THESE INSTRUCTIONS.

7\. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP

OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE

CONTACT DAVINA HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD

ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE

ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984

OR (202) 482-3577 RESPECTIVELY (GENERATED BY O5:JOF).

8\. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS

INFORMATION.

CATHY SAUCEDA