[Federal Register Volume 59, Number 41 (Wednesday, March 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4774]
[[Page Unknown]]
[Federal Register: March 2, 1994]
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DEPARTMENT OF COMMERCE
[A-588-020]
Titanium Sponge From Japan; Final Results of Antidumping Duty
Administrative Review and Revocation in Part of the Antidumping Duty
Order
AGENCY: International Trade Administration, Import Administration,
Department of Commerce.
ACTION: Notice of final results of antidumping duty administrative
review and revocation in part of the antidumping duty order.
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SUMMARY: On November 30, 1993, the Department of Commerce published the
preliminary results of its administrative review of the antidumping
duty order on titanium sponge from Japan and its intent to revoke the
order in part. We have now completed this review and found no dumping
margin for Showa Denko K.K. (Showa) during the period November 1, 1991
to October 31, 1992. We also determine that Showa has met the
requirements for revocation.
EFFECTIVE DATE: May 2, 1994.
FOR FURTHER INFORMATION CONTACT: Cameron Cardozo or Maria MacKay,
Office of Countervailing Compliance, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230; telephone:
(202) 482-2786.
SUPPLEMENTARY INFORMATION:
Background
On November 30, 1993, the Department of Commerce (the Department)
published in the Federal Register (58 FR 63,155) the preliminary
results of its administrative review of the antidumping duty order on
titanium sponge from Japan (49 FR 47,053; November 30, 1984). The
Department has now completed this administrative review in accordance
with section 751(a) of the Tariff Act of 1930, as amended (the Act).
Scope of Review
Imports covered by the review are shipments of unwrought titanium
sponge. Titanium sponge is a porous, brittle metal which has a high
strength-to-weight ratio and is highly ductile. It is an intermediate
product used to produce titanium ingots, slabs, billets, plates, and
sheets. During the review period, such merchandise was classified under
subheading 8108.10.50.10 of the Harmonized Tariff Schedule (HTS). The
HTS number is provided for convenience and customs purposes. The
written description remains dispositive.
The review covers one manufacturer/exporter of the subject
merchandise to the United States, Showa, and the period November 1,
1991 through October 31, 1992.
Analysis of Comments Received
We gave interested parties an opportunity to comment on the
preliminary results. We received a written comment from the respondent,
Showa.
Comment 1: Respondent argues that the Department should use Showa's
reported general and administrative (G&A) expenses in its calculation
of constructed value. Instead, in its preliminary results of review,
the Department allocated Showa's, the parent company, G&A costs to
Showa Titanium (STIC) based on the ratio of Showa's equity ownership in
STIC to Showa's total equity. The respondent maintains that its
methodology for calculating G&A expense in this review is in accordance
with its books and records, and is consistent with Showa's reporting in
previous review periods. Moreover, in both the fourth and fifth
reviews, the Department specifically rejected petitioner's arguments
that Showa's reported G&A expense should be recalculated. However,
should the Department choose to reverse its position and reject Showa's
internal allocation methodology, it should allocate Showa's
headquarters G&A based on cost of goods sold, following the
Department's established allocation methodology.
Department's Position: The respondent's submitted G&A costs
included STIC's G&A expenses and a portion of Showa parent company G&A
expenses allocated to STIC based on a formula used in its ordinary
course of business. As a result, we recalculated constructed value
utilizing Showa's submitted G&A allocation methodology, which had no
effect on the margin.
Final Results of Review
As a result of our comparison of United States price to foreign
market value, as discussed in the preliminary results of this review,
we determine the dumping margin to be:
------------------------------------------------------------------------
Margin
Manufacturer/exporter Time period (percent)
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Showa Denko K.K...................... 11/1/91-10/31/92 Zero (0).
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Based on information submitted by Showa during this and two
previous reviews (See Final Results of Antidumping Duty Administrative
Review on Titanium Sponge from Japan (58 FR 18,202; April 8, 1993), and
Final Results of Antidumping Duty Administrative Review on Titanium
Sponge from Japan (57 FR 9,688; March 20, 1992)), we further determine
that Showa has met the requirements for revocation set forth in
sections 353.25(a) and 353.25(b) of the Department's regulations. Showa
has demonstrated three consecutive years of sales at not less than
foreign market value and has submitted the required certifications. On
the basis of no sales at less than foreign market value for a period of
three consecutive years, an agreement by Showa to immediate
reinstatement of the order if it should make such sales in the future,
and the lack of any indication to the contrary, the Department
concludes that Showa is not likely to sell subject merchandise at less
than foreign market value in the future. Therefore, the Department is
revoking the order with respect to Showa.
The Department will instruct the Customs Service to liquidate,
without regard to antidumping duties, all shipments of this merchandise
entered by Showa on or after November 1, 1991 and on or before October
31, 1992. The Department also will instruct Customs to terminate
suspension of liquidation and to cease collecting cash deposits with
regard to Showa.
Further, the following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of the subject merchandise, entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided by section 751(a)(1) of the Act: (1) no cash deposit will be
required for the reviewed company; (2) for previously reviewed or
investigated companies not listed above, the cash deposit rate will
continue to be the company-specific rate published for the most recent
period; (3) if the exporter is not a firm covered in this review, a
prior review, or the original less-than-fair-value (LTFV)
investigation, but the manufacturer is, the cash deposit rate will be
the rate established for the most recent period for the manufacturer of
the merchandise; and (4) the cash deposit rate for all other
manufacturers or exporters will be 28.25 percent, the ``all others''
rate established in the final notice of LTFV investigation by the
Department, as amended (50 FR 32,459, August 12, 1985), in accordance
with the decisions of the Court of International Trade (CIT) in Floral
Trade Council v. United States, Slip Op. 93-79 (CIT May 25, 1993), and
Federal-Mogul Corporation v. United States, Slip Op. 93-83, (CIT May
25, 1993).
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 final 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 the 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 sections 353.22
and 353.25(c) of the Department's regulations.
Dated: February 23, 1994.
Joseph A. Spectrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 94-4774 Filed 3-1-94; 8:45 am]
BILLING CODE 3510-DS-P