[Federal Register Volume 60, Number 225 (Wednesday, November 22, 1995)]
[Notices]
[Pages 57848-57849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28456]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-823-803]
Titanium Sponge From Ukraine; Preliminary Result of Antidumping
Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Preliminary Results of Antidumping Duty
Administrative Review.
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SUMMARY: In response to a request from petitioners, Oregon
Metallurgical Corporation (OREMET) and Titanium Metals Corporation
(TIMET), the Department of Commerce (the Department) is conducting an
administrative review of the antidumping finding on titanium sponge
from Ukraine. This review covers sales of the subject merchandise to
the United States from Ukraine during the period from August 1, 1992,
through July 31, 1993. The review indicates that no shipments of the
subject merchandise entered the commerce of the United States for
[[Page 57849]]
consumption during the period of review. Interested parties are invited
to comment on these preliminary results.
EFFECTIVE DATE: November 22, 1995.
FOR FURTHER INFORMATION CONTACT: David Genovese or Zev Primor, Office
of Antidumping Compliance, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
5254.
SUPPLEMENTARY INFORMATION:
Background
On August 28, 1968, the Department of the Treasury published an
antidumping finding on titanium sponge from the Union of Soviet
Socialist Republics (USSR)(33 FR 12138). In December 1991, the USSR
divided into 15 independent states. To conform to these changes, the
Department changed the original antidumping finding into 15 findings
applicable to the Baltic states and the former Republics of the Soviet
Union (57 FR 36070, August 12, 1992).
On August 3, 1993, the Department published a notice of
``Opportunity to Request an Administrative Review'' (58 FR 41239) of
the antidumping finding on titanium sponge from Ukraine. Both OREMET
and TIMET requested that an administrative review be conducted. The
Department initiated the review on September 30, 1993 (58 FR 51053),
covering the period August 1, 1992, through July 31, 1993. The
Department is conducting this review in accordance with section 751 of
the Tariff Act of 1930, as amended (the Act).
Scope of the Review
The merchandise covered by this review is all imports of titanium
sponge from Ukraine. Titanium sponge is chiefly used for aerospace
vehicles, specifically in the construction of compressor blades and
wheels, stator blades, rotors, and other parts in aircraft gas turbine
engines.
Imports of titanium sponge are currently classifiable under the
harmonized tariff schedule (HTS) item number 8108.10.50.10. The HTS
item number is provided for convenience and Customs purposes; our
written description of the scope of this finding is dispositive.
This review covers sales and entries by Ukrainian exporters,
producers, sellers, and resellers of the subject merchandise during the
period August 1, 1992, through July 31, 1993.
Preliminary Results of Review
Information maintained by the U.S. Customs Service established that
titanium sponge from Ukraine for the period of review was only entered
under temporary importation bond (TIB) procedures. See U.S. Note 1 of
subchapter XIII, Chapter 98, Harmonized Tariff Schedule of the United
States (HTSUS) (1994). Merchandise entered under TIB is not entered for
consumption, and the AD/CVD laws restrict the assessment of duties and
the collection of cash deposits to merchandise that is ``entered, or
withdrawn from warehouse, for consumption.'' Titanium Metals Corp. v.
United States, Slip Op. 95-153 (CIT, Aug. 30, 1995).
Because TIB entries are not entries for consumption, they cannot be
considered merchandise subject to the antidumping duty order and
included within a determination resulting from a 751(a) administrative
review. The statute provides that a determination in an administrative
review must be based on the ``United States price of each entry of
merchandise subject to the antidumping duty order and included within
that determination.'' Section 751(a)(2)(A). TIB entries do not satisfy
this standard for inclusion in a review. Moreover, a review of TIB
entries cannot serve as the ``basis for the assessment of antidumping
duties on entries of the merchandise included within the determination
and for deposits of estimated duties,'' which is the purpose of an
administrative review. Section 751(a)(2) of the Act. For these reasons,
we have determined that there is no basis for conducting an
administrative review of the Ukrainian respondent's TIB entries.
Accordingly, we have preliminarily determined to maintain the cash
deposit rate at 83.96 percent, which is the rate established in the
final results of the last review of the antidumping finding on titanium
sponge from the USSR (52 FR 9323, March 24, 1987).
Interested parties may request disclosure within 5 days of the date
of publication of this notice and may request a hearing within 10 days
of publication. Any hearing, if requested, will be held 44 days after
the date of publication of this notice, or the first workday
thereafter. Case briefs and/or written comments from interested parties
may be submitted not later than 30 days after the date of publication.
Rebuttal briefs and rebuttals to written comments, limited to the
issues raised in the case briefs and comments, may be filed not later
than 37 days after the date of publication. The Department will publish
the final results of this administrative review, including the results
of its analysis of any such written comments or hearing.
Furthermore, the cash deposit rate for entries of titanium sponge
from Ukraine will be that rate established in the final results of this
administrative review. This rate will be effective for all shipments of
the subject merchandise, entered or withdrawn from warehouse, for
consumption on or after the publication date of the final results of
this administrative review, as provided by section 751(a)(1) of the
Act. These deposit requirements, when imposed, shall remain in effect
until publication of the final results of the next administrative
review.
This administrative review and notice are in accordance with
section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 19 CFR 353.22.
Dated: November 8, 1995.
Susan G. Esserman,
Assistant Secretary, for Import Administration.
[FR Doc. 95-28456 Filed 11-21-95; 8:45 am]
BILLING CODE 3510-DS-P
