[Federal Register Volume 59, Number 67 (Thursday, April 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8381]
[[Page Unknown]]
[Federal Register: April 7, 1994]
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DEPARTMENT OF COMMERCE
[A-834-803]
Titanium Sponge From Kazakhstan; Final Results of Antidumping
Duty Administrative Review
AGENCY: International Trade Administration/Import Administration/
Commerce.
ACTION: Notice of final results of antidumping duty administrative
review.
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SUMMARY: On February 11, 1994, the Department of Commerce (the
Department) published the preliminary results of review of the
antidumping duty finding on titanium sponge from Kazakhstan (59 FR
6618). The review covers exports of the subject merchandise to the
United States from Kazakhstan during the period August 1, 1992, through
July 31, 1993.
We gave interested parties an opportunity to comment on the
preliminary results. Based on our analysis of comments received, the
final results remain unchanged from the preliminary results.
EFFECTIVE DATE: April 7, 1994.
FOR FURTHER INFORMATION CONTACT: David Genovese, Office of Antidumping
Compliance, International Trade Administration, U.S. Department of
Commerce, 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 fifteen independent states. To conform to these changes,
the Department changed the original antidumping finding into fifteen
findings applicable to the Baltic states and the former USSR (57 FR
36070, August 12, 1992).
On August 30, 1993, the Department received a request to conduct an
administrative review of the antidumping finding on titanium sponge
from Kazakhstan. The Department initiated the review on September 30,
1993 (58 FR 51053), covering the period August 1, 1992, through July
31, 1993. On February 11, 1994, we published the preliminary results of
review of the antidumping finding on titanium sponge from Kazakhstan
(59 FR 6618). The Department has now completed this administrative
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 Kazakhstan. 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) subheading 8108.10.50.10. The HTS
subheading is provided for convenience and customs purposes; our
written description of the scope of this finding is dispositive.
Analysis of Comments Received
We gave interested parties an opportunity to comment on the
preliminary results. We received comments from Titanium Metals
Corporation (TIMET), a domestic producer of titanium sponge, and
rebuttal comments from RMI Titanium Co. (RMI), an importer of titanium
sponge.
Comment 1: TIMET argues that there were imports of titanium sponge
from Kazakhstan, under temporary importation bond (TIB), during the
period of review. TIMET cites a December 3, 1993, letter from RMI to
the Acting Assistant Secretary to support this statement. TIMET asserts
that such imports are processed into titanium mill products and re-
exported. TIMET states antidumping duties should be assessed on imports
entered under TIB because such imports result in the circumvention of
the antidumping finding. TIMET cites U.S. Customs Service Headquarter's
rulings to argue that Customs has treated TIB entries of other products
as consumption entries in order to prevent circumvention of quota laws.
Department's Position: We disagree with TIMET. Consistent with the
Kazakh Government's questionnaire response, our analysis of Census data
reveals that no shipments of titanium sponge have entered the United
States from Kazakhstan during the period of review. While TIMET
provided public information on imports of titanium sponge from Russia
and Ukraine in those ongoing administrative reviews, it provided no
information on shipments in this case. Absent evidence to the contrary,
we conclude that there were no imports, including imports under TIB
procedures, of titanium sponge from Kazakhstan during the review
period.
Final Results of Review
Based on our analysis of the comments received we have not changed
the final results from those presented in the preliminary results of
review.
The following deposit requirements will be effective for all
shipments of the subject merchandise, entered or withdrawn from
warehouse, for consumption on or after the publication date of these
final results of review, as provided by section 751(a)(1) of the Act:
the cash deposit rate for entries of titanium sponge from Kazakhstan
will be 83.96 percent.
These deposit requirements, when imposed, shall remain in effect
until publication of the final results of the next administrative
review.
This notice also serves as a reminder to importers of their
responsibility under 19 CFR 353.26 to file a certificate regarding the
reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective orders (APOs) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 353.34(d). Timely written notification of
return/destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and the terms of an APO is a sanctionable violation.
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: March 31, 1994.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 94-8381 Filed 4-6-94; 8:45 am]
BILLING CODE 3510-DS-P
