Titanium Sponge: New AD/CVD Investigations Deadlines & Scope
The Commerce Department issued Federal Register notices on its recently initiated antidumping duty investigations on titanium sponge from Japan and Kazakhstan (A-588-877, A-834-809), and countervailing duty investigation on titanium sponge from Kazakhstan (C-834-810).
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The International Trade Commission will conduct a concurrent investigation to determine whether imports of dumped and illegally subsidized titanium sponge are injuring U.S. industry. If the ITC finds no injury in its preliminary injury determination, due Oct. 10, the investigations will immediately end. If Commerce finds dumping or illegal subsidization in the preliminary determinations of these investigations, currently due in November for CV duties and January for AD duties, it will set AD and/or CV duty cash deposit requirements for imports of merchandise subject to the investigation. If both Commerce and the ITC reach affirmative final determinations, Commerce will issue an AD and/or CV duty order making duties permanent and beginning a process of annual administrative reviews to set final assessments of AD/CV duties on importers and potentially change AD/CV duty cash deposit rates.
AD/CVD Respondent Selection
Commerce said it is aware of only two producers or exporters of titanium sponge from Japan -- Osaka Titanium Technologies Co., Ltd. and Toho Titanium Company., Ltd. -- and investigate only those two companies in its Japan AD duty investigation. Likewise, Commerce found says Ust-Kamenogorsk Titanium Magnesium Plant JSC (UKTMP) appears to be the only producer or exporter from Kazakhstan, and will investigate only that company in its AD/CV duty investigations on Kazakhstan. Comments on respondent selection are due Sept. 25.
Scope of the AD/CVD Investigations
The product covered by this investigation is all forms and grades of titanium sponge, except as specified below. Titanium sponge is unwrought titanium metal that has not been melted. Expressly excluded from the scope of this investigation are:
1) Loose particles of unwrought titanium metal having a particle size of less than 20 mesh (0.84mm);
2) alloyed or unalloyed briquettes of unwrought titanium metal that contain more than 0.2% oxygen on a dry weight basis; and
3) ultra-high purity titanium sponge. In ultra-high purity titanium sponge, metallic impurities do not exceed any of these amounts (WT %):
- Aluminum 0.0005
- Chromium 0.0001
- Cobalt 0.0001
- Copper 0.0002
- Iron 0.0300
- Manganese 0.0010
- Nickel 0.0002
- Vanadium 0.0002
- Zirconium 0.0005
- Carbon 0.0150
- Hydrogen 0.0100
- Nitrogen 0.0020
- Oxygen 0.1000.
Titanium sponge is currently classified under subheading 8108.20.0010 of the Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS subheading is provided for convenience and customs purposes; the written description of the scope of this investigation is dispositive.
Participants in the AD/CVD investigations may submit comments on product coverage under the scope of the investigations. Comments on the scope are due by Oct. 3.
Investigations Timetable
| Event | AD Duty | CV Duty |
|---|---|---|
| Petitions filed | 08/24/17 | 08/24/17 |
| DOC initiation date | 09/13/17 | 09/13/17 |
| ITC prelim determinations* | 10/10/17 | 10/10/17 |
| DOC prelim determinations† | 01/31/18 | 11/07/17 |
| DOC final determinations† | 04/16/18 | 01/31/18 |
| ITC final determinations‡ | 05/31/18 | 03/19/18 |
| Issuance of orders+ | 06/07/18 | 03/26/18 |
*If the ITC makes a negative determination of injury, the investigations are terminated.
†These deadlines may be extended under the governing statute.
‡This will take place only in the event of Commerce Department final affirmative determinations.
+This will take place only in the event of Commerce and ITC final affirmative determinations.
(See 1708250022 for a summary of the Commerce Department's receipt of the petition underlying the initiation of this investigation.)
The AD duty initiation notice is (here).
The CV duty initiation notice is (here).
The Commerce Department fact sheet on the initiation of these investigations is (here).
(Federal Register 09/20/17)