[Federal Register Volume 62, Number 250 (Wednesday, December 31, 1997)]
[Notices]
[Pages 68300-68301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-34033]
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INTERNATIONAL TRADE COMMISSION
Titanium Sponge From Japan, Kazakstan, Russia and Ukraine
AGENCY: United States International Trade Commission (Commission).
ACTION: Request for comments regarding the institution of section
751(b) review investigations concerning the U.S. Tariff Commission's
affirmative determination in investigation No. AA1921-51, Titanium
Sponge from the U.S.S.R., to the extent it applies to imports from
Kazakstan, Russia, and Ukraine, and the Commission's affirmative
determination in investigation No. 731-TA-161, Titanium Sponge from
Japan.
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SUMMARY: The Commission invites comments from the public on whether
changed circumstances exist sufficient to warrant the institution of
investigations pursuant to section 751(b) of the Tariff Act of 1930 (19
U.S.C. Sec. 1675(b)) (the Act), as amended by the Uruguay Round
Agreements Act, P.L. 103-465 (1994), to review the affirmative
determinations of the Commission and the U.S. Tariff Commission in the
above investigations.1 The purpose of the proposed review
investigations is to determine whether revocation of the existing
antidumping orders on imports of titanium sponge from Japan, Kazakstan,
Russia, and Ukraine is likely to lead to continuation or recurrence of
material injury. 19 U.S.C.
[[Page 68301]]
Sec. 1675(b)(2)(A). Titanium sponge is provided for in subheading
8108.10.50 of the Harmonized Tariff Schedule of the United States.
\1\ The U.S. Tariff Commission was the predecessor agency to the
Commission.
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FOR FURTHER INFORMATION CONTACT: Jonathan Seiger (202-205-3183) or Vera
Libeau (202-205-3176), Office of Investigations, U.S. International
Trade Commission, 500 E Street S.W., Washington, DC 20436. Hearing-
impaired persons can obtain information on this matter by contacting
the Commission's TDD terminal on 202-205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at 202-205-2000.
General information concerning the Commission may also be obtained by
accessing its internet server (http://www.usitc.gov or ftp://
ftp.usitc.gov).
SUPPLEMENTARY INFORMATION:
Background
On July 23, 1968, in investigation No. AA1921-51, the U.S. Tariff
Commission issued an affirmative injury determination with respect to
imports of titanium sponge from the U.S.S.R.. Subsequently, the
Department of the Treasury (Treasury) issued an antidumping finding
covering these imports (33 FR 12138, Aug. 28, 1968).2 On
November 7, 1984, in inv. No. 731-TA-161, the Commission issued an
affirmative threat of injury determination with respect to imports of
titanium sponge from Japan. Commerce issued an antidumping order
covering these imports on November 30, 1984 (49 FR 47053, Nov. 30,
1984).
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\2\ In 1992, the Department of Commerce (Commerce), in response
to the division of the former Soviet Union into 15 independent
states, changed the original antidumping finding against the
U.S.S.R. to 15 separate antidumping orders covering the Baltic
states and the republics of the former Soviet Union (57 F.R. 36070
(1992)). Commerce has since revoked all of the orders except those
on imports from Kazakstan, Russia, and Ukraine.
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On December 9, 1997, the Commission received a request to review
its affirmative determinations, as it applied to imports from Russia,
in the light of changed circumstances (the request), pursuant to
section 751(b) of the Act (19 U.S.C. Sec. 1675(b)). The request was
filed by counsel on behalf of TMC Trading International, Ltd., an Irish
trading company involved in the distribution of titanium sponge from
Russia, and TMC USA, Inc., its U.S. affiliate. The alleged changed
circumstances include: (1) the different market position of the U.S.
industry currently, as opposed to its position at the time of the
finding; (2) the decision by the U.S. industry to refocus its
investment capital away from titanium sponge capacity towards titanium
melt and fabricating capacity; (3) the cessation of titanium sponge
production by the original petitioner; (4) the redirection of demand
for titanium sponge away from military applications toward commercial
and aerospace applications; (5) evidence that demand for titanium
sponge is expected to remain strong for at least the next two to three
years, and possibly as long as five years; (6) significant declines in
titanium sponge capacity in the republics of the former Soviet Union
generally, and particularly in Russia, which is the republic covered by
the order in question, and; (7) the elimination of dumping margins on
imports from Russia.
Because the alleged changed circumstances predominantly relate to
the domestic industry and are not limited to imports from Russia,
submissions should also address the possibility of the Commission self-
initiating reviews of the outstanding orders on Japan (49 F.R. 47053,
Nov. 30, 1984), Kazakstan (33 FR 12138, Aug. 28, 1968), and Ukraine (33
FR 12138, Aug. 28, 1968).
Written Comments Requested
Pursuant to section 207.45(b) of the Commission's Rules of Practice
and Procedure (19 CFR 207.45(b)), the Commission requests comments
concerning whether the alleged changed circumstances are sufficient to
warrant institution of review investigations.
Written Submissions
In accordance with section 201.8 of the Commission's rules (19 CFR
201.8), the signed original and 14 copies of all written submissions
must be filed with the Secretary to the Commission, 500 E Street, S.W.,
Washington, DC 20436. All comments must be filed no later than February
6, 1998, which is at least 30 days after the date of publication of
this notice in the Federal Register. The Commission's determination
regarding initiation of a review investigation is due within 30 days of
the close of the comment period. Any person desiring to submit a
document (or portion thereof) to the Commission in confidence must
request business confidential treatment under section 201.6 of the
Commission's rules (19 CFR 201.6). Such requests should be directed to
the Secretary to the Commission and must include a full statement of
the reasons why the Commission should grant such treatment. Each sheet
must be clearly marked at the top ``Confidential Business
Information.'' The Commission will either accept the submission in
confidence or return it. All nonconfidential written submissions will
be available for public inspection in the Office of the Secretary.
Copies of the non-confidential version of the request and any other
documents in this matter are available for public inspection during
regular business hours (8:45 a.m. to 5:15 p.m.) in the Office of the
Secretary to the Commission; telephone 202-205-2000.
Issued: December 23, 1997.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 97-34033 Filed 12-30-97; 8:45 am]
BILLING CODE 7020-02-P
