Displaying items by tag: appeal

North Korea: The Sangwon Cement Complex has appealed to smaller cement plants to boost production for major government projects, despite a lack of raw materials and electricity, according to Radio Free Asia.

The ‘vaguely written’ appeal, issued in early February 2025, states the urgent need for cement to complete government housing projects and rural development initiatives, but does not specify how production should increase. One of the projects listed is the Pyongyang housing project, which aims to build 10,000 new homes per year, and a total of 50,000 by the end of 2025.

A resident said “The Sangwon Cement Complex is affiliated with the central committee. Its electricity and raw materials are fully provided by the central party. How can the appeal demand increased cement production from local cement companies when there is no electricity or limestone?”

Another resident noted that most construction is being carried out by military labour units but cement shortages are forcing builders to cut corners, with most rural houses reportedly built from soil mixed with clay, lime, and decomposed granite. Though the appeal came from the Sangwon Cement Complex, residents see it as an implicit order from Kim Jong-un’s government. In the past, citizens were forced to gather sand and gravel for public projects, and some fear this order could have the same effect.

US: Cemex has contested Boulder County's decision to terminate its right to operate the Lyons cement plant and is calling for the decision to be reversed, citing ‘significant’ implications for the state and local employment. The dispute follows a notice from the Boulder Country Community Planning office in April 2024, attributing increased traffic as the primary reason for the termination. The county and the Colorado Department of Transportation began investigating the plant in 2022, after residents of the area complained.

Cemex stated in its response to Boulder County "The Department's conclusion did not take into account the historical trucking of material to and from the Lyons cement plant, relying instead on a study Cemex voluntarily undertook for the Colorado Department of Transportation for a different purpose, and that considered only three days of traffic data in each of two consecutive years. The determination also failed to apply applicable precedent that a nonconforming use does not terminate when traffic occurring off-site changes."

The Community Planning and Permitting Director will now review the additional evidence brought forth by Cemex and issue an additional determination. Depending on the outcome, Cemex will have the option to appeal the decision to the Boulder County Board of Commissioners. The closing of the Lyons plant would lead to the loss of 100 jobs and only two cement plants remaining in Colorado.

India: UltraTech Cement says that it has received demand orders from two local revenue authorities for issues relating to its past tax payments. The Financial Express Online newspaper has reported that the producer must pay a total of US$86,600, including interest and fines. Office of the Deputy Commissioner of State Tax, Bhavnagar, Gujarat, demanded US$56,400 due to an allegedly ineligible input tax credit. Meanwhile, the Office of the Assistant Commissioner of Central Goods and Service Tax Division II, Punjab, demanded US$30,200 due to input service distributor credit not reflected in its statement for the 2018 financial year.

UltraTech Cement plans to challenge the orders, to wit the company said that it has a ‘good case on merit’ to present before appellate authorities.

Spain: The Supreme Court of Spain ruled in favour of tax authorities in their pursuit of Cemex España for its accounting of reported losses in the 2006 – 2009 financial years on 21 November 2023. The authorities imposed a Euro456m fine on the company following an audit in July 2011.

Mexico-based Cemex said that is has ‘sources of liquidity’ available to pay the fine, which it now anticipates that it will do before the end of June 2024.

Cemex ‘categorically’ disagrees with the imposition of the penalty. The group maintains that the losses Cemex España declared were not used and since 2012 have not been accounted for in its financial statements.

Sweden: Cementa will not be able to appeal a land and environmental court’s ruling preventing it from using its quarries on the island of Gotland. The Swedish supreme court has ruled that the subsidiary of Germany-based HeidelbergCement has no basis for appeal. Its previous application to extend mining activities at the sites until 2041 failed due to shortcomings in its environmental impact assessments. The quarries supply cement production at the company’s Slite cement plant in Gotland.

Taiwan: Asia Cement has appealed a ruling by the High Administrative Court in Taipei to revoke an extension of its mining rights at a quarry in Xincheng Township. Its right to operate the quarry was blocked in early July 2019 despite a 20-year extension granted in 2017, according to the Taipei Times newspaper. The cement producer also said it had received signatures from local residents will support continued mining at the site. The quarry supports an integrated plant at Huanlien.

Italy: The Italian Competition Authority (AGCM) has reduced a fine against Cementi Rossi by 20% to Euro4.6m. The fine relates to a penalty of Euro184m levied against a number of cement producers and the Italian Cement Association (AITEC), according to the Il Sole 24 Ore newspaper. The original fine of Euro5.8m was reduced following an appeal to the AGCM.

India: The Supreme Court has agreed to examine a plea by cement producers about a charge of cartel-like behaviour made by real estate developers and upheld by the Competition Commission of India (CCI). However, the court has insisted that the payment schedule of the fine imposed will have to be upheld while the appeal proceeds, according to the Economic Times newspaper. The accused cement producers have been ordered to deposit 10% of the fine.

10 cement companies – including India Cements, Ramco Cements, Nuvoco Vistas Corporation, Ambuja Cement, ACC, Jaiprakash Associates, Century Textiles and Industries and UltraTech Cement – were accused by the Builders' Association of India and the CCI in 2010 of cartel-like behaviour. They were then fined US$905m or 0.5% of their net turnover. The producers first tried to appeal with the National Company Law Appellate Tribunal (NCLAT) but the tribunal dismissed their plea against the CCI finding in late July 2018.

Poland: The court of appeal has supported a decision by the Office for Competition and Consumer Protection (UOKiK) in 2009 to fine six cement producers for cartel-like behaviour. However, the total fine has been reduced by one third to Euro67m from Euro98.3m, according to the Polish News Bulletin.

Grupa Ozarow is to pay Euro22.1m, Cemex Polska Euro16.6m, Gorazdze Cement Euro12.3m, Dyckerhoff Polska Euro7.51m, Cementownia Warta Euro5.55m and Cementownia Odra Euro2.87m. Some companies had their fines reduced by the court of appeal. Dyckerhoff will pay Euro7.5m instead of Euro13m and Cemex Polska will pay Euro5.88 less than the original fine. Some of the companies involved are considering appealing to the Supreme Court.

Philippines: Big Boss Cement has appealed against a decision by the Board of Investment (BOI) denying its application for registration because it lacked ‘proof of concept’. Big Boss’ president Gilbert Cruz said that the new cement company’s application was turned down in 2017 because it was not producing clinker, according to the Manila Bulletin newspaper. It plans to open a cement grinding plant in Pampanga in March 2018.