[Federal Register Volume 62, Number 250 (Wednesday, December 31, 1997)]
[Pages 68300-68301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-34033]



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 


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 

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://



    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, 

    \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,
[FR Doc. 97-34033 Filed 12-30-97; 8:45 am]