[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