[Federal Register Volume 60, Number 186 (Tuesday, September 26, 1995)]
[Notices]
[Pages 49576-49577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23791]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
[A-821-803]
Titanium Sponge From Russia; Preliminary Results of Antidumping
Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of preliminary results of antidumping duty
administrative review.
-----------------------------------------------------------------------
SUMMARY: In response to a request from Titanium Metals Corporation
(TIMET), Berezniki Titanium-Magnesium Works (AVISMA), Interlink Metals
and Chemicals, Inc. (Interlink), and RMI Titanium Company (RMI), a U.S.
producer of titanium sponge, a Russian Producer of titanium sponge, an
unrelated third-country reseller of titanium sponge, and a U.S.
importer of titanium sponge, respectively, the Department of Commerce
(the Department) is conducting an administrative review of the
antidumping finding on titanium sponge from Russia. The review covers
AVISMA and exports of the subject merchandise to the United States for
the period August 1, 1993 through July 31, 1994.
We have preliminarily determined that AVISMA is a non-shipper for
the purposes of this review because it did not have sufficient
knowledge at the time of sale that subject merchandise was destined for
the United States. If these preliminary results are adopted in our
final results of review we will instruct the U.S. Customs service
(Customs) to maintain the cash deposit rate of 83.96 percent, which is
the rate established in the final results of the most recent
administrative review of the antidumping finding on titanium sponge
from Russia.
Interested parties are invited to comment on these preliminary
results.
EFFECTIVE DATE: September 26, 1995.
FOR FURTHER INFORMATION CONTACT: David Genovese or Zev Primor, Office
of Antidumping Compliance, International Trade Administration, U.S.
Department of Commerce, Washington, D.C. 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 Republics of
the USSR (57 FR 36070, August 12, 1992).
On August 3, 1994, the Department published a notice of
``Opportunity to Request an Administrative Review'' (59 FR 39545) of
the antidumping finding on titanium sponge from Russia. On August 31,
1994, TIMET, AVISMA, Interlink, and RMI, requested an administrative
review. The Department initiated the review on September 16, 1994 (59
FR 47609), covering the period August 1, 1993, through July 31, 1994.
[[Page 49577]]
Applicable Statute and Regulations
The Department is conducting this review in accordance with section
751 of the Tariff Act of 1930, as amended (the Act). Unless otherwise
indicated, all citations to the statute and to the Department's
regulations are in reference to the provisions as they existed on
December 31, 1994.
Scope of the Review
The merchandise covered by this review is titanium sponge from
Russia. 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.
Preliminary Results of Review
In response to the Department's request for U.S. sales information,
AVISMA reported that it did not export titanium sponge to the United
States during the period of review. AVISMA reported that it produced
and sold titanium sponge during the period of review but that it sold
to unrelated intermediaries without knowledge of the ultimate
destination of the merchandise.
In a subsequent submission dated May 16, 1995, AVISMA argued that,
while as a general matter it did not know the ultimate destination of
merchandise purchased by intermediaries, it was aware at the time of
sale that at least a portion of its sales to an unrelated third-country
reseller was to be resold to a customer in the United States.
Therefore, AVISMA argued that the Department should conduct a review of
AVISMA's sales for the 1993/94 period of review.
Also in the May 16, 1995, submission, Interlink requested that the
Department continue the review regardless of the degree of knowledge
possessed by AVISMA, because Interlink's request for a review of
AVISMA's U.S. sales should be construed by the Department as a request
for a review of Interlink's shipments of AVISMA titanium sponge to RMI.
We determined, (1) that AVISMA had insufficient knowledge at the
time of sale that the merchandise was destined for the United States,
and, therefore, such sales cannot be used as the basis of U.S. price;
and, (2) that sales by Interlink are not covered by this review because
a review of Interlink's sales was not requested. Based on the preceding
determinations, the Department concluded that AVISMA was a non-shipper
during the period of review, and, since AVISMA was the only company for
which a review was requested, it was appropriate to proceed with
preliminary results of review based on no shipments to the United
States.
Accordingly, the effective cash deposit rate for Russian titanium
sponge that entered the United States during the period of review will
continue to be the rate from the most recent review, which is 83.96
percent.
Parties to the proceeding may request a hearing within 10 days of
publication of this notice. Any hearing, if requested, will be held 44
days after the date of publication of this notice, or the first workday
thereafter and will be limited to those issues raised in the case
briefs and/or written comments. 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 written comments
or case briefs.
Furthermore, the following deposit requirement 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: The cash deposit rate for entries of titanium
sponge from Russia will be that rate established in the final results
of this administrative review. 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 preliminary 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 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: September 15, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-23791 Filed 9-25-95; 8:45 am]
BILLING CODE 3510-DS-P
