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UNITED
STATES
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SECURITIES
AND EXCHANGE COMMISSION
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Washington,
D.C. 20549
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_______________________
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FORM
6-K
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REPORT
OF FOREIGN PRIVATE ISSUER PURSUANT TO RULE 13a-16 or
15d-16
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UNDER
THE SECURITIES EXCHANGE ACT OF 1934
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_______________________
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Date
of Report: September 11, 2008
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CEMEX, S.A.B. de
C.V.
(Exact
name of Registrant as specified in its charter)
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CEMEX
Corp.
(Translation
of Registrant's name into English)
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United Mexican
States
(Jurisdiction
of incorporation or organization)
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Av.
Ricardo Margáin Zozaya #325, Colonia Valle del
Campestre
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Garza García, Nuevo León, México
66265
(Address
of principal executive offices)
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Indicate
by check mark whether the registrant files or will file annual reports under
cover Form 20-F or Form 40-F.
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Form
20-F
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X
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Form
40-F
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Indicate
by check mark whether the registrant by furnishing the information contained in
this Form is also thereby furnishing the information to the Commission pursuant
to Rule 12g3-2(b) under the Securities Exchange Act of 1934.
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Yes
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No
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X
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If
"Yes" is marked, indicate below the file number assigned to the registrant in
connection with Rule 12g3-2(b):
N/A
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On
September 9, 2008, the Mexican Supreme Court ruled against CEMEX's
constitutional challenge of the controlled foreign corporation tax rules in
effect in Mexico for tax years 2005 to 2007. Since the Supreme
Court's decision does not pertain to a specific tax assessment or other tax
obligations, CEMEX will self-assess any taxes due through the submission of
amended tax returns. CEMEX has not yet determined the amount of tax
or the periods affected. Based on a preliminary estimate, CEMEX
believes this amount will not be material, but no assurance can be given that
additional analysis will not lead to a different conclusion. If the
tax authorities do not agree with CEMEX's self-assessment, they may assess
additional amounts, which may be material. Any such additional
assessments may be challenged before the tax courts.
SIGNATURE
Pursuant
to the requirements of the Securities Exchange Act of 1934, CEMEX, S.A.B. de
C.V. has duly caused this report to be signed on its behalf by the undersigned,
thereunto duly authorized.
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CEMEX,
S.A.B. de C.V
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(Registrant)
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Date:
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September
11, 2008
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By:
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/s/
Rafael Garza
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Name:
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Rafael
Garza
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Title:
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Chief
Comptroller
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