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

DEPARTMENT OF COMMERCE

[A-834-803]

Titanium Sponge From Kazakhstan; Final Results of Antidumping

Duty Administrative Review

AGENCY: International Trade Administration/Import Administration/

Commerce.

ACTION: Notice of final results of antidumping duty administrative

review.

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SUMMARY: On February 11, 1994, the Department of Commerce (the

Department) published the preliminary results of review of the

antidumping duty finding on titanium sponge from Kazakhstan (59 FR

6618). The review covers exports of the subject merchandise to the

United States from Kazakhstan during the period August 1, 1992, through

July 31, 1993.

We gave interested parties an opportunity to comment on the

preliminary results. Based on our analysis of comments received, the

final results remain unchanged from the preliminary results.

EFFECTIVE DATE: April 7, 1994.

FOR FURTHER INFORMATION CONTACT: David Genovese, Office of Antidumping

Compliance, International Trade Administration, U.S. Department of

Commerce, 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 fifteen independent states. To conform to these changes,

the Department changed the original antidumping finding into fifteen

findings applicable to the Baltic states and the former USSR (57 FR

36070, August 12, 1992).

On August 30, 1993, the Department received a request to conduct an

administrative review of the antidumping finding on titanium sponge

from Kazakhstan. The Department initiated the review on September 30,

1993 (58 FR 51053), covering the period August 1, 1992, through July

31, 1993. On February 11, 1994, we published the preliminary results of

review of the antidumping finding on titanium sponge from Kazakhstan

(59 FR 6618). The Department has now completed this administrative

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 Kazakhstan. 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) subheading 8108.10.50.10. The HTS

subheading is provided for convenience and customs purposes; our

written description of the scope of this finding is dispositive.

Analysis of Comments Received

We gave interested parties an opportunity to comment on the

preliminary results. We received comments from Titanium Metals

Corporation (TIMET), a domestic producer of titanium sponge, and

rebuttal comments from RMI Titanium Co. (RMI), an importer of titanium

sponge.

Comment 1: TIMET argues that there were imports of titanium sponge

from Kazakhstan, under temporary importation bond (TIB), during the

period of review. TIMET cites a December 3, 1993, letter from RMI to

the Acting Assistant Secretary to support this statement. TIMET asserts

that such imports are processed into titanium mill products and re-

exported. TIMET states antidumping duties should be assessed on imports

entered under TIB because such imports result in the circumvention of

the antidumping finding. TIMET cites U.S. Customs Service Headquarter's

rulings to argue that Customs has treated TIB entries of other products

as consumption entries in order to prevent circumvention of quota laws.

Department's Position: We disagree with TIMET. Consistent with the

Kazakh Government's questionnaire response, our analysis of Census data

reveals that no shipments of titanium sponge have entered the United

States from Kazakhstan during the period of review. While TIMET

provided public information on imports of titanium sponge from Russia

and Ukraine in those ongoing administrative reviews, it provided no

information on shipments in this case. Absent evidence to the contrary,

we conclude that there were no imports, including imports under TIB

procedures, of titanium sponge from Kazakhstan during the review

period.

Final Results of Review

Based on our analysis of the comments received we have not changed

the final results from those presented in the preliminary results of

review.

The following deposit requirements will be effective for all

shipments of the subject merchandise, entered or withdrawn from

warehouse, for consumption on or after the publication date of these

final results of review, as provided by section 751(a)(1) of the Act:

the cash deposit rate for entries of titanium sponge from Kazakhstan

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 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: March 31, 1994.

Susan G. Esserman,

Assistant Secretary for Import Administration.

[FR Doc. 94-8381 Filed 4-6-94; 8:45 am]

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