[Federal Register Volume 62, Number 250 (Wednesday, December 31, 1997)] [Notices] [Pages 68300-68301] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-34033] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION Titanium Sponge From Japan, Kazakstan, Russia and Ukraine AGENCY: United States International Trade Commission (Commission). ACTION: Request for comments regarding the institution of section 751(b) review investigations concerning the U.S. Tariff Commission's affirmative determination in investigation No. AA1921-51, Titanium Sponge from the U.S.S.R., to the extent it applies to imports from Kazakstan, Russia, and Ukraine, and the Commission's affirmative determination in investigation No. 731-TA-161, Titanium Sponge from Japan. ----------------------------------------------------------------------- SUMMARY: The Commission invites comments from the public on whether changed circumstances exist sufficient to warrant the institution of investigations pursuant to section 751(b) of the Tariff Act of 1930 (19 U.S.C. Sec. 1675(b)) (the Act), as amended by the Uruguay Round Agreements Act, P.L. 103-465 (1994), to review the affirmative determinations of the Commission and the U.S. Tariff Commission in the above investigations.1 The purpose of the proposed review investigations is to determine whether revocation of the existing antidumping orders on imports of titanium sponge from Japan, Kazakstan, Russia, and Ukraine is likely to lead to continuation or recurrence of material injury. 19 U.S.C. [[Page 68301]] Sec. 1675(b)(2)(A). Titanium sponge is provided for in subheading 8108.10.50 of the Harmonized Tariff Schedule of the United States. \1\ The U.S. Tariff Commission was the predecessor agency to the Commission. --------------------------------------------------------------------------- FOR FURTHER INFORMATION CONTACT: Jonathan Seiger (202-205-3183) or Vera Libeau (202-205-3176), Office of Investigations, U.S. International Trade Commission, 500 E Street S.W., Washington, DC 20436. Hearing- impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (http://www.usitc.gov or ftp:// ftp.usitc.gov). SUPPLEMENTARY INFORMATION: Background On July 23, 1968, in investigation No. AA1921-51, the U.S. Tariff Commission issued an affirmative injury determination with respect to imports of titanium sponge from the U.S.S.R.. Subsequently, the Department of the Treasury (Treasury) issued an antidumping finding covering these imports (33 FR 12138, Aug. 28, 1968).2 On November 7, 1984, in inv. No. 731-TA-161, the Commission issued an affirmative threat of injury determination with respect to imports of titanium sponge from Japan. Commerce issued an antidumping order covering these imports on November 30, 1984 (49 FR 47053, Nov. 30, 1984). --------------------------------------------------------------------------- \2\ In 1992, the Department of Commerce (Commerce), in response to the division of the former Soviet Union into 15 independent states, changed the original antidumping finding against the U.S.S.R. to 15 separate antidumping orders covering the Baltic states and the republics of the former Soviet Union (57 F.R. 36070 (1992)). Commerce has since revoked all of the orders except those on imports from Kazakstan, Russia, and Ukraine. --------------------------------------------------------------------------- On December 9, 1997, the Commission received a request to review its affirmative determinations, as it applied to imports from Russia, in the light of changed circumstances (the request), pursuant to section 751(b) of the Act (19 U.S.C. Sec. 1675(b)). The request was filed by counsel on behalf of TMC Trading International, Ltd., an Irish trading company involved in the distribution of titanium sponge from Russia, and TMC USA, Inc., its U.S. affiliate. The alleged changed circumstances include: (1) the different market position of the U.S. industry currently, as opposed to its position at the time of the finding; (2) the decision by the U.S. industry to refocus its investment capital away from titanium sponge capacity towards titanium melt and fabricating capacity; (3) the cessation of titanium sponge production by the original petitioner; (4) the redirection of demand for titanium sponge away from military applications toward commercial and aerospace applications; (5) evidence that demand for titanium sponge is expected to remain strong for at least the next two to three years, and possibly as long as five years; (6) significant declines in titanium sponge capacity in the republics of the former Soviet Union generally, and particularly in Russia, which is the republic covered by the order in question, and; (7) the elimination of dumping margins on imports from Russia. Because the alleged changed circumstances predominantly relate to the domestic industry and are not limited to imports from Russia, submissions should also address the possibility of the Commission self- initiating reviews of the outstanding orders on Japan (49 F.R. 47053, Nov. 30, 1984), Kazakstan (33 FR 12138, Aug. 28, 1968), and Ukraine (33 FR 12138, Aug. 28, 1968). Written Comments Requested Pursuant to section 207.45(b) of the Commission's Rules of Practice and Procedure (19 CFR 207.45(b)), the Commission requests comments concerning whether the alleged changed circumstances are sufficient to warrant institution of review investigations. Written Submissions In accordance with section 201.8 of the Commission's rules (19 CFR 201.8), the signed original and 14 copies of all written submissions must be filed with the Secretary to the Commission, 500 E Street, S.W., Washington, DC 20436. All comments must be filed no later than February 6, 1998, which is at least 30 days after the date of publication of this notice in the Federal Register. The Commission's determination regarding initiation of a review investigation is due within 30 days of the close of the comment period. Any person desiring to submit a document (or portion thereof) to the Commission in confidence must request business confidential treatment under section 201.6 of the Commission's rules (19 CFR 201.6). Such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. Each sheet must be clearly marked at the top ``Confidential Business Information.'' The Commission will either accept the submission in confidence or return it. All nonconfidential written submissions will be available for public inspection in the Office of the Secretary. Copies of the non-confidential version of the request and any other documents in this matter are available for public inspection during regular business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary to the Commission; telephone 202-205-2000. Issued: December 23, 1997. By order of the Commission. Donna R. Koehnke, Secretary. [FR Doc. 97-34033 Filed 12-30-97; 8:45 am] BILLING CODE 7020-02-P