Titanium Sponge From Ukraine; Preliminary Result of Antidumping Duty Administrative Review

DEPARTMENT OF COMMERCE

International Trade Administration

[A-823-803]

Titanium Sponge From Ukraine; Preliminary Result of Antidumping

Duty Administrative Review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of Preliminary Results of Antidumping Duty

Administrative Review.

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SUMMARY: In response to a request from petitioners, Oregon

Metallurgical Corporation (OREMET) and Titanium Metals Corporation

(TIMET), the Department of Commerce (the Department) is conducting an

administrative review of the antidumping finding on titanium sponge

from Ukraine. This review covers sales of the subject merchandise to

the United States from Ukraine during the period from August 1, 1992,

through July 31, 1993. The review indicates that no shipments of the

subject merchandise entered the commerce of the United States for

[[Page 57849]]

consumption during the period of review. Interested parties are invited

to comment on these preliminary results.

EFFECTIVE DATE: November 22, 1995.

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, NW., 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 15 independent states. To conform to these changes, the

Department changed the original antidumping finding into 15 findings

applicable to the Baltic states and the former Republics of the Soviet

Union (57 FR 36070, August 12, 1992).

On August 3, 1993, the Department published a notice of

``Opportunity to Request an Administrative Review'' (58 FR 41239) of

the antidumping finding on titanium sponge from Ukraine. Both OREMET

and TIMET requested that an administrative review be conducted. The

Department initiated the review on September 30, 1993 (58 FR 51053),

covering the period August 1, 1992, through July 31, 1993. The

Department is conducting this 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 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.

Preliminary Results of Review

Information maintained by the U.S. Customs Service established that

titanium sponge from Ukraine for the period of review was only entered

under temporary importation bond (TIB) procedures. See U.S. Note 1 of

subchapter XIII, Chapter 98, Harmonized Tariff Schedule of the United

States (HTSUS) (1994). Merchandise entered under TIB is not entered for

consumption, and the AD/CVD laws restrict the assessment of duties and

the collection of cash deposits to merchandise that is ``entered, or

withdrawn from warehouse, for consumption.'' Titanium Metals Corp. v.

United States, Slip Op. 95-153 (CIT, Aug. 30, 1995).

Because TIB entries are not entries for consumption, they cannot be

considered merchandise subject to the antidumping duty order and

included within a determination resulting from a 751(a) administrative

review. The statute provides that a determination in an administrative

review must be based on the ``United States price of each entry of

merchandise subject to the antidumping duty order and included within

that determination.'' Section 751(a)(2)(A). TIB entries do not satisfy

this standard for inclusion in a 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. Section 751(a)(2) of the Act. For these reasons,

we have determined that there is no basis for conducting an

administrative review of the Ukrainian respondent's TIB entries.

Accordingly, we have preliminarily determined to maintain the cash

deposit rate at 83.96 percent, which is the rate established in the

final results of the last review of the antidumping finding on titanium

sponge from the USSR (52 FR 9323, March 24, 1987).

Interested parties may request disclosure within 5 days of the date

of publication of this notice and may request a hearing within 10 days

of publication. Any hearing, if requested, will be held 44 days after

the date of publication of this notice, or the first workday

thereafter. Case briefs and/or written comments from interested parties

may be submitted not later than 30 days after the date of publication.

Rebuttal briefs and rebuttals to written comments, limited to the

issues raised in the case briefs and comments, may be filed not later

than 37 days after the date of publication. The Department will publish

the final results of this administrative review, including the results

of its analysis of any such written comments or hearing.

Furthermore, the cash deposit rate for entries of titanium sponge

from Ukraine will be that rate established in the final results of this

administrative review. This rate will be effective for all shipments of

the subject merchandise, entered or withdrawn from warehouse, for

consumption on or after the publication date of the final results of

this administrative review, as provided by section 751(a)(1) of the

Act. These deposit requirements, when imposed, shall remain in effect

until publication of the final results of the next administrative

review.

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: November 8, 1995.

Susan G. Esserman,

Assistant Secretary, for Import Administration.

[FR Doc. 95-28456 Filed 11-21-95; 8:45 am]

BILLING CODE 3510-DS-P