[Federal Register Volume 61, Number 34 (Tuesday, February 20, 1996)]
[Notices]
[Page 6350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3621]



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DEPARTMENT OF COMMERCE
[A-823-803]


Titanium Sponge From Ukraine; Final Results of Antidumping Duty 
Administrative Review

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

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

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SUMMARY: On November 22, 1995, the Department of Commerce (the 
Department) published the preliminary results of review of the 
antidumping duty order on titanium sponge from Ukraine (57 FR 36070, 
August 12, 1992). The review covers one manufacturer, Zaporozhye 
Titanium and Magnesium Combine (Zaporozhye) and exports of the subject 
merchandise to the United States from Ukraine during the period from 
August 1, 1992, through July 31, 1993.
    We gave interested parties an opportunity to comment on the 
preliminary results of review. Since the Department received no 
comments, these final results of review remain unchanged from the 
preliminary results of review.

EFFECTIVE DATE: February 20, 1996.

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, N.W., Washington, D.C. 20230; telephone (202) 482-
5254.

SUPPLEMENTARY INFORMATION:

Background

    On August 30, 1993 and August 31, 1993, respectively, two U.S. 
producers of titanium sponge, Oregon Metallurgical Corporation (OREMET) 
and Titanium Metals Corporation (TIMET), requested an administrative 
review of the antidumping finding on titanium sponge from Ukraine. The 
Department initiated the review on September 30, 1993, (58 FR 51053), 
covering the period August 1, 1992, through July 31, 1993. On November 
22, 1995, the Department published the preliminary results of review. 
In the preliminary results of review, the Department determined that 
Zaporozhye was a non-shipper for the purposes of an antidumping review 
since all entries of the subject merchandise were entered under 
temporary importation bond (TIB) procedures.1 The Department has 
now completed this review in accordance with section 751 of the Tariff 
Act of 1930, as amended (the Act).

    \1\ Merchandise entered under TIB procedures are not entries for 
consumption, and therefore, cannot be considered merchandise subject 
to an antidumping duty order and included within a determination 
resulting from a 751(a) administrative 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.
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    Unless otherwise indicated, all citations to the statute and 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 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.

Final Results of Review

    We gave interested parties an opportunity to comment on the 
preliminary results. Since the Department received no comments, we have 
continued to treat Zaporozhye as a non-shipper of the subject 
merchandise for these final results. Accordingly, as provided by 
section 751(a)(1) of the Act, the cash deposit rate for all shipments 
of titanium sponge from Ukraine, entered or withdrawn from warehouse, 
for consumption on or after the publication date of the final results 
of this administrative review, 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 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 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: February 8, 1996.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 96-3621 Filed 2-16-96; 8:45 am]
BILLING CODE 3510-DS-P