Titanium Sponge From the Republic of Kazakhstan: Final Results of Antidumping Duty Administrative Review

Federal RegisterJan 11, 1999

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-834-803]

Titanium Sponge From the Republic of Kazakhstan: 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 September 8, 1998, the Department of Commerce (the

Department) published the preliminary results of its administrative

review of the antidumping finding on titanium sponge from the Republic

of Kazakhstan (Kazakhstan). The review covers the period August 1,

1996, through July 31, 1997.

We gave interested parties an opportunity to comment on our

preliminary results. We received no comments and have not changed the

results from those presented in the preliminary results of review.

EFFECTIVE DATE: January 11, 1999.

FOR FURTHER INFORMATION CONTACT: Mark Manning or Wendy Frankel, Office

of AD/CVD Enforcement, Office 4, Import Administration, International

Trade Administration, U.S. Department of Commerce, 14th Street and

Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-3936

and 482-5849, respectively.

SUPPLEMENTARY INFORMATION:

[[Page 1599]]

The Applicable Statute

Unless otherwise indicated, all citations to the Tariff Act of

1930, as amended (the Act), are references to the provisions effective

January 1, 1995, the effective date of the amendments made to the Act

by the Uruguay Round Agreements Act. In addition, unless otherwise

indicated, all citations to the Department of Commerce's regulations

refer to the regulations codified at 19 CFR part 351.

Background

On September 8, 1998, the Department published in the Federal

Register (63 FR 47478) the preliminary results of its administrative

review of the antidumping finding on titanium sponge from Kazakhstan.

We did not receive any comments from interested parties. The Department

has now completed the review in accordance with section 751 of the Act.

Scope of the Review

The product covered by this administrative review is titanium

sponge from Kazakhstan. Titanium sponge is chiefly used for aerospace

vehicles, specifically, in 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 U.S. Customs purposes. Our

written description of the scope of this proceeding is dispositive.

Final Results of Review

In the preliminary results, the Department stated that we would

confirm the information provided by Specialty Metals Company and Ust-

Kamenogorsk Titanium and Magnesium Plant regarding the existence of

sales of subject merchandise to the United States that were entered

under temporary importation bond (TIB). See preliminary results at

47478. We contacted the Customs Service and confirmed that certain

entries of subject merchandise manufactured by Specialty Metals Company

and Ust-Kamenogorsk Titanium and Magnesium Plant entered the United

States under TIB during the period of review. See Memorandum to the

File, ``Customs Service Confirmation of Temporary Importation Bond

Entries'', dated December 30, 1998.

For the reasons set out above and in the preliminary determination,

we determine that the following dumping margins exist:

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

Margin

Manufacturer/Exporter Time period (percent)

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

Specialty Metals Company/Ust- 8/1/96-7/31/97........... 00.0

Kamenogorsk Titanium and

Magnesium Plant (one entity).

Kazakhstan-wide rate......... 8/1/96-7/31/97........... 83.96

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

The Department shall determine, and the U.S. Customs Service shall

assess, antidumping duties on all appropriate entries. The Department

will issue appraisement instructions directly to the Customs Service.

Since there were no sales with dumping margins, we will instruct

Customs not to assess dumping duties on any shipments of subject

merchandise exported by the above-referenced entity that entered the

United States during the POR.

Furthermore, the following deposit requirements will be effective

upon publication of this notice of final results of review for all

shipments of titanium sponge from Kazakhstan 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: (1) The cash deposit rate for merchandise

manufactured and exported to the United States directly by Specialty

Metals Company/Ust-Kamenogorsk Titanium and Magnesium Plant (one

entity) will be 0.00 percent; (2) merchandise exported by manufacturers

or exporters not covered in this review but covered in the original

LTFV investigation or a previous administrative review and which have a

separate rate, the cash deposit rate will continue to be the most

recent rate published in the final determination or final results for

which the manufacturer or exporter received a company-specific rate;

(3) for Kazakhstan manufacturers or exporters not covered in the LTFV

investigation or in this or prior administrative reviews, the cash

deposit rate will continue to be the Kazakhstan-wide rate; and (4) the

cash deposit rate for non-Kazakhstan exporters of subject merchandise

from Kazakhstan that were not covered in the LTFV investigation or in

this or prior administrative reviews will be the rate applicable to the

Kazakhstan supplier of that exporter. These deposit rates, when

imposed, shall remain in effect until publication of the final results

of the next administrative review.

Notification to Interested Parties

This notice also serves as a final reminder to importers of their

responsibility under 19 CFR 351.402(f) 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 the only reminder to parties subject to

administrative protective order (APO) in this review of their

responsibility concerning the disposition of proprietary information

disclosed under APO in accordance with 19 CFR 351.306. See 63 FR 24391,

24403 (May 4, 1998). Timely written notification of the 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)).

Dated: January 5, 1999.

Robert S. LaRussa,

Assistant Secretary for Import Administration.

[FR Doc. 99-551 Filed 1-8-99; 8:45 am]

BILLING CODE 3510-DS-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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