[Federal Register Volume 63, Number 55 (Monday, March 23, 1998)]
[Notices]
[Pages 13873-13875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7421]


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INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 751-TA-17 through 20]


Titanium Sponge From Japan, Kazakstan, Russia, and Ukraine

AGENCY: United States International Trade Commission (Commission).

ACTION: Institution and scheduling of review investigations concerning 
the U.S. Tariff Commission's affirmative determination in investigation 
No. AA1921-51, Titanium Sponge from the U.S.S.R., and the Commission's 
affirmative determination in investigation No. 731-TA-161 (Final), 
Titanium Sponge from Japan.

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SUMMARY: The Commission hereby gives notice that it has instituted 
investigations pursuant to section 751(b) of the Tariff Act of 1930 (19 
U.S.C. 1675(b)) (the Act) to review the determination of the U.S. 
Tariff Commission (predecessor agency to the Commission) in 
investigation No. AA1921-51, Titanium Sponge from the U.S.S.R., to the 
extent that determination applies to imports from Kazakstan, Russia, 
and Ukraine, and its own determination in investigation No. 731-TA-161 
(Final), Titanium Sponge from Japan. The purpose of the investigations 
is to determine whether revocation of the orders covering imports from 
Japan, Kazakstan, Russia, and Ukraine is likely to lead to continuation 
or recurrence of material injury to an industry in the United States. 
Titanium sponge is provided for in subheading 8108.10.50 of the 
Harmonized Tariff Schedule of the United States.

[[Page 13874]]

    For further information concerning the conduct of these 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A through E (19 CFR part 201), and part 207, subparts A, C, D, 
and E (19 CFR part 207).

EFFECTIVE DATE: March 23, 1998.

FOR FURTHER INFORMATION CONTACT: Jonathan Seiger (202-205-3183), 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).

SUPPLEMENTARY INFORMATION:
    Background.--On April 19, 1968, the Department of the Treasury 
(Treasury) determined that imports of titanium sponge from the U.S.S.R. 
were being sold in the United States at less than fair value (LTFV) 
within the meaning of section 201(a) of the Antidumping Act of 1921, as 
amended (19 U.S.C. 160(a)) (33 FR 6377, Apr. 26, 1968); and on July 23, 
1968 the U.S. Tariff Commission determined that an industry in the 
United States was materially injured by reason of imports of such LTFV 
merchandise (33 FR 10769, July 27, 1968). Accordingly, Treasury ordered 
that dumping duties be imposed on such imports (33 FR 12138, Aug. 28, 
1968).1
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    \1\ 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 FR 36070 
(1992)). Commerce has since revoked all of the orders except those 
on imports from Kazakstan, Russia, and Ukraine.
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    Further, on September 24, 1984, Commerce determined that imports of 
titanium sponge from Japan were being sold in the United States at LTFV 
within the meaning of section 731 of the Act (19 U.S.C. 1673) (49 FR 
38684, Oct. 1, 1984); and on November 7, 1984 the Commission 
determined, pursuant to section 735(b)(1) of the Act (19 U.S.C. 
1673d(b)(1)), that an industry in the United States was threatened with 
material injury by reason of imports of such LTFV merchandise. 
Accordingly, Commerce ordered that dumping duties be imposed on such 
imports (49 FR 47053, Nov. 30, 1984).
    On December 9, 1997, the Commission received a request to review 
its affirmative determination in investigation No. AA1921-51, as it 
applied to imports from Russia, pursuant to section 751(b) of the Act 
(19 U.S.C. 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. On December 31, 1997, the Commission requested written 
comments in the Federal Register (62 FR 68300) as to whether the 
changed circumstances alleged by the petitioner were sufficient to 
warrant institution of review investigations.2 After 
reviewing comments received in response to that request, the Commission 
determines that certain of the alleged changed circumstances are 
sufficient to warrant review investigations.
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    \2\ The Commission also invited comment on whether it should 
institute, on its own initiative, review investigations covering 
imports of titanium sponge from Japan, Kazakstan, and Ukraine.
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    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the investigations as parties 
must file an entry of appearance with the Secretary to the Commission, 
as provided in section 201.11 of the Commission's rules, no later than 
21 days prior to the hearing date specified in this notice. The 
Secretary will maintain a public service list containing the names and 
addresses of all persons, or their representatives, who are parties to 
the investigations.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in these investigations available to authorized 
applicants under the APO issued in the investigations, provided that 
the application is made no later than 21 days prior to the hearing date 
specified in this notice. Authorized applicants must represent 
interested parties, as defined by 19 U.S.C. 1677(9), who are parties to 
the investigations. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in these investigations 
will be placed in the nonpublic record on May 22, 1998, and a public 
version will be issued thereafter, pursuant to section 207.22 of the 
Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with 
these investigations beginning at 9:30 a.m. on June 8, 1998, at the 
U.S. International Trade Commission Building. Requests to appear at the 
hearing should be filed in writing with the Secretary to the Commission 
on or before May 29, 1998. A nonparty who has testimony that may aid 
the Commission's deliberations may request permission to present a 
short statement at the hearing. All parties and nonparties desiring to 
appear at the hearing and make oral presentations should attend a 
prehearing conference to be held at 9:30 a.m. on June 1, 1998, at the 
U.S. International Trade Commission Building. Oral testimony and 
written materials to be submitted at the public hearing are governed by 
sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. 
Parties must submit any request to present a portion of their hearing 
testimony in camera no later than 7 days prior to the date of the 
hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of section 207.23 of the Commission's 
rules; the deadline for filing is June 1, 1998. Parties may also file 
written testimony in connection with their presentation at the hearing, 
as provided in section 207.24 of the Commission's rules, and 
posthearing briefs, which must conform with the provisions of section 
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is June 15, 1998; witness testimony must be filed no later than 
three days before the hearing. In addition, any person who has not 
entered an appearance as a party to the investigations may submit a 
written statement of information pertinent to the subject of the 
investigations on or before June 15, 1998. On July 2, 1998, the 
Commission will make available to parties all information on which they 
have not had an opportunity to comment. Parties may submit final 
comments on this information on or before July 7, 1998, but such final 
comments must not contain new factual information and must otherwise 
comply with section 207.30 of the Commission's rules. All written 
submissions must conform with the provisions of section 201.8 of the 
Commission's rules; any submissions that contain BPI must also conform 
with the requirements of sections 201.6,

[[Page 13875]]

207.3, and 207.7 of the Commission's rules.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

    Authority: These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to section 207.45 of the Commission's rules.

    Issued: March 11, 1998.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-7421 Filed 3-20-98; 8:45 am]
BILLING CODE 7020-02-P