[Federal Register Volume 63, Number 55 (Monday, March 23, 1998)]
[Notices]
[Pages 13873-13875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7421]
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INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 751-TA-17 through 20]
Titanium Sponge From Japan, Kazakstan, Russia, and Ukraine
AGENCY: United States International Trade Commission (Commission).
ACTION: Institution and scheduling of review investigations concerning
the U.S. Tariff Commission's affirmative determination in investigation
No. AA1921-51, Titanium Sponge from the U.S.S.R., and the Commission's
affirmative determination in investigation No. 731-TA-161 (Final),
Titanium Sponge from Japan.
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SUMMARY: The Commission hereby gives notice that it has instituted
investigations pursuant to section 751(b) of the Tariff Act of 1930 (19
U.S.C. 1675(b)) (the Act) to review the determination of the U.S.
Tariff Commission (predecessor agency to the Commission) in
investigation No. AA1921-51, Titanium Sponge from the U.S.S.R., to the
extent that determination applies to imports from Kazakstan, Russia,
and Ukraine, and its own determination in investigation No. 731-TA-161
(Final), Titanium Sponge from Japan. The purpose of the investigations
is to determine whether revocation of the orders covering imports from
Japan, Kazakstan, Russia, and Ukraine is likely to lead to continuation
or recurrence of material injury to an industry in the United States.
Titanium sponge is provided for in subheading 8108.10.50 of the
Harmonized Tariff Schedule of the United States.
[[Page 13874]]
For further information concerning the conduct of these
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A through E (19 CFR part 201), and part 207, subparts A, C, D,
and E (19 CFR part 207).
EFFECTIVE DATE: March 23, 1998.
FOR FURTHER INFORMATION CONTACT: Jonathan Seiger (202-205-3183), 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).
SUPPLEMENTARY INFORMATION:
Background.--On April 19, 1968, the Department of the Treasury
(Treasury) determined that imports of titanium sponge from the U.S.S.R.
were being sold in the United States at less than fair value (LTFV)
within the meaning of section 201(a) of the Antidumping Act of 1921, as
amended (19 U.S.C. 160(a)) (33 FR 6377, Apr. 26, 1968); and on July 23,
1968 the U.S. Tariff Commission determined that an industry in the
United States was materially injured by reason of imports of such LTFV
merchandise (33 FR 10769, July 27, 1968). Accordingly, Treasury ordered
that dumping duties be imposed on such imports (33 FR 12138, Aug. 28,
1968).1
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\1\ 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 FR 36070
(1992)). Commerce has since revoked all of the orders except those
on imports from Kazakstan, Russia, and Ukraine.
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Further, on September 24, 1984, Commerce determined that imports of
titanium sponge from Japan were being sold in the United States at LTFV
within the meaning of section 731 of the Act (19 U.S.C. 1673) (49 FR
38684, Oct. 1, 1984); and on November 7, 1984 the Commission
determined, pursuant to section 735(b)(1) of the Act (19 U.S.C.
1673d(b)(1)), that an industry in the United States was threatened with
material injury by reason of imports of such LTFV merchandise.
Accordingly, Commerce ordered that dumping duties be imposed on such
imports (49 FR 47053, Nov. 30, 1984).
On December 9, 1997, the Commission received a request to review
its affirmative determination in investigation No. AA1921-51, as it
applied to imports from Russia, pursuant to section 751(b) of the Act
(19 U.S.C. 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. On December 31, 1997, the Commission requested written
comments in the Federal Register (62 FR 68300) as to whether the
changed circumstances alleged by the petitioner were sufficient to
warrant institution of review investigations.2 After
reviewing comments received in response to that request, the Commission
determines that certain of the alleged changed circumstances are
sufficient to warrant review investigations.
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\2\ The Commission also invited comment on whether it should
institute, on its own initiative, review investigations covering
imports of titanium sponge from Japan, Kazakstan, and Ukraine.
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Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the investigations as parties
must file an entry of appearance with the Secretary to the Commission,
as provided in section 201.11 of the Commission's rules, no later than
21 days prior to the hearing date specified in this notice. The
Secretary will maintain a public service list containing the names and
addresses of all persons, or their representatives, who are parties to
the investigations.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in these investigations available to authorized
applicants under the APO issued in the investigations, provided that
the application is made no later than 21 days prior to the hearing date
specified in this notice. Authorized applicants must represent
interested parties, as defined by 19 U.S.C. 1677(9), who are parties to
the investigations. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in these investigations
will be placed in the nonpublic record on May 22, 1998, and a public
version will be issued thereafter, pursuant to section 207.22 of the
Commission's rules.
Hearing.--The Commission will hold a hearing in connection with
these investigations beginning at 9:30 a.m. on June 8, 1998, at the
U.S. International Trade Commission Building. Requests to appear at the
hearing should be filed in writing with the Secretary to the Commission
on or before May 29, 1998. A nonparty who has testimony that may aid
the Commission's deliberations may request permission to present a
short statement at the hearing. All parties and nonparties desiring to
appear at the hearing and make oral presentations should attend a
prehearing conference to be held at 9:30 a.m. on June 1, 1998, at the
U.S. International Trade Commission Building. Oral testimony and
written materials to be submitted at the public hearing are governed by
sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules.
Parties must submit any request to present a portion of their hearing
testimony in camera no later than 7 days prior to the date of the
hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of section 207.23 of the Commission's
rules; the deadline for filing is June 1, 1998. Parties may also file
written testimony in connection with their presentation at the hearing,
as provided in section 207.24 of the Commission's rules, and
posthearing briefs, which must conform with the provisions of section
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is June 15, 1998; witness testimony must be filed no later than
three days before the hearing. In addition, any person who has not
entered an appearance as a party to the investigations may submit a
written statement of information pertinent to the subject of the
investigations on or before June 15, 1998. On July 2, 1998, the
Commission will make available to parties all information on which they
have not had an opportunity to comment. Parties may submit final
comments on this information on or before July 7, 1998, but such final
comments must not contain new factual information and must otherwise
comply with section 207.30 of the Commission's rules. All written
submissions must conform with the provisions of section 201.8 of the
Commission's rules; any submissions that contain BPI must also conform
with the requirements of sections 201.6,
[[Page 13875]]
207.3, and 207.7 of the Commission's rules.
In accordance with sections 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the investigations must be
served on all other parties to the investigations (as identified by
either the public or BPI service list), and a certificate of service
must be timely filed. The Secretary will not accept a document for
filing without a certificate of service.
Authority: These investigations are being conducted under
authority of title VII of the Tariff Act of 1930; this notice is
published pursuant to section 207.45 of the Commission's rules.
Issued: March 11, 1998.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-7421 Filed 3-20-98; 8:45 am]
BILLING CODE 7020-02-P
