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

DEPARTMENT OF COMMERCE

[A-823-803]

Titanium Sponge From Ukraine; Final Results of Antidumping Duty

Administrative Review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of Final Results of Antidumping Duty Administrative

Review.

-----------------------------------------------------------------------

SUMMARY: On November 22, 1995, the Department of Commerce (the

Department) published the preliminary results of review of the

antidumping duty order on titanium sponge from Ukraine (57 FR 36070,

August 12, 1992). The review covers one manufacturer, Zaporozhye

Titanium and Magnesium Combine (Zaporozhye) and exports of the subject

merchandise to the United States from Ukraine during the period from

August 1, 1992, through July 31, 1993.

We gave interested parties an opportunity to comment on the

preliminary results of review. Since the Department received no

comments, these final results of review remain unchanged from the

preliminary results of review.

EFFECTIVE DATE: February 20, 1996.

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, N.W., Washington, D.C. 20230; telephone (202) 482-

5254.

SUPPLEMENTARY INFORMATION:

Background

On August 30, 1993 and August 31, 1993, respectively, two U.S.

producers of titanium sponge, Oregon Metallurgical Corporation (OREMET)

and Titanium Metals Corporation (TIMET), requested an administrative

review of the antidumping finding on titanium sponge from Ukraine. The

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

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

22, 1995, the Department published the preliminary results of review.

In the preliminary results of review, the Department determined that

Zaporozhye was a non-shipper for the purposes of an antidumping review

since all entries of the subject merchandise were entered under

temporary importation bond (TIB) procedures.1 The Department has

now completed this review in accordance with section 751 of the Tariff

Act of 1930, as amended (the Act).

\1\ Merchandise entered under TIB procedures are not entries for

consumption, and therefore, cannot be considered merchandise subject

to an antidumping duty order and included within a determination

resulting from a 751(a) administrative 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.

---------------------------------------------------------------------------

Unless otherwise indicated, all citations to the statute and the

Department's regulations are in reference to the provisions as they

existed on December 31, 1994.

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.

Final Results of Review

We gave interested parties an opportunity to comment on the

preliminary results. Since the Department received no comments, we have

continued to treat Zaporozhye as a non-shipper of the subject

merchandise for these final results. Accordingly, as provided by

section 751(a)(1) of the Act, the cash deposit rate for all shipments

of titanium sponge from Ukraine, entered or withdrawn from warehouse,

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

of this administrative review, 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 final 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: February 8, 1996.

Susan G. Esserman,

Assistant Secretary for Import Administration.

[FR Doc. 96-3621 Filed 2-16-96; 8:45 am]

BILLING CODE 3510-DS-P