[Federal Register Volume 60, Number 225 (Wednesday, November 22, 1995)]
[Notices]
[Pages 57848-57849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28456]



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DEPARTMENT OF COMMERCE
International Trade Administration
[A-823-803]


Titanium Sponge From Ukraine; Preliminary Result of Antidumping 
Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of Preliminary Results of Antidumping Duty 
Administrative Review.

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SUMMARY: In response to a request from petitioners, Oregon 
Metallurgical Corporation (OREMET) and Titanium Metals Corporation 
(TIMET), the Department of Commerce (the Department) is conducting an 
administrative review of the antidumping finding on titanium sponge 
from Ukraine. This review covers sales of the subject merchandise to 
the United States from Ukraine during the period from August 1, 1992, 
through July 31, 1993. The review indicates that no shipments of the 
subject merchandise entered the commerce of the United States for 

[[Page 57849]]
consumption during the period of review. Interested parties are invited 
to comment on these preliminary results.

EFFECTIVE DATE: November 22, 1995.

FOR FURTHER INFORMATION CONTACT: David Genovese or Zev Primor, Office 
of Antidumping Compliance, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., 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 15 independent states. To conform to these changes, the 
Department changed the original antidumping finding into 15 findings 
applicable to the Baltic states and the former Republics of the Soviet 
Union (57 FR 36070, August 12, 1992).
    On August 3, 1993, the Department published a notice of 
``Opportunity to Request an Administrative Review'' (58 FR 41239) of 
the antidumping finding on titanium sponge from Ukraine. Both OREMET 
and TIMET requested that an administrative review be conducted. The 
Department initiated the review on September 30, 1993 (58 FR 51053), 
covering the period August 1, 1992, through July 31, 1993. The 
Department is conducting this 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 Ukraine. 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) item number 8108.10.50.10. The HTS 
item number is provided for convenience and Customs purposes; our 
written description of the scope of this finding is dispositive.
    This review covers sales and entries by Ukrainian exporters, 
producers, sellers, and resellers of the subject merchandise during the 
period August 1, 1992, through July 31, 1993.

Preliminary Results of Review

    Information maintained by the U.S. Customs Service established that 
titanium sponge from Ukraine for the period of review was only entered 
under temporary importation bond (TIB) procedures. See U.S. Note 1 of 
subchapter XIII, Chapter 98, Harmonized Tariff Schedule of the United 
States (HTSUS) (1994). Merchandise entered under TIB is not entered for 
consumption, and the AD/CVD laws restrict the assessment of duties and 
the collection of cash deposits to merchandise that is ``entered, or 
withdrawn from warehouse, for consumption.'' Titanium Metals Corp. v. 
United States, Slip Op. 95-153 (CIT, Aug. 30, 1995).
    Because TIB entries are not entries for consumption, they cannot be 
considered merchandise subject to the antidumping duty order and 
included within a determination resulting from a 751(a) administrative 
review. The statute provides that a determination in an administrative 
review must be based on the ``United States price of each entry of 
merchandise subject to the antidumping duty order and included within 
that determination.'' Section 751(a)(2)(A). TIB entries do not satisfy 
this standard for inclusion in a review. Moreover, a review of TIB 
entries cannot serve as the ``basis for the assessment of antidumping 
duties on entries of the merchandise included within the determination 
and for deposits of estimated duties,'' which is the purpose of an 
administrative review. Section 751(a)(2) of the Act. For these reasons, 
we have determined that there is no basis for conducting an 
administrative review of the Ukrainian respondent's TIB entries.
    Accordingly, we have preliminarily determined to maintain the cash 
deposit rate at 83.96 percent, which is the rate established in the 
final results of the last review of the antidumping finding on titanium 
sponge from the USSR (52 FR 9323, March 24, 1987).
    Interested parties may request disclosure within 5 days of the date 
of publication of this notice and may request a hearing within 10 days 
of publication. Any hearing, if requested, will be held 44 days after 
the date of publication of this notice, or the first workday 
thereafter. 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 such written comments or hearing.
    Furthermore, the cash deposit rate for entries of titanium sponge 
from Ukraine will be that rate established in the final results of this 
administrative review. This rate 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. These deposit requirements, when imposed, shall remain in effect 
until publication of the final results of the next administrative 
review.
    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: November 8, 1995.
Susan G. Esserman,
Assistant Secretary, for Import Administration.
[FR Doc. 95-28456 Filed 11-21-95; 8:45 am]
BILLING CODE 3510-DS-P