Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Notices 43939 

36See section 782(b) of the Act. 

37See also Certification of Factual Information to 

Import Administration During Antidumping and 

Countervailing Duty Proceedings, 78 FR 42678 (July 

17, 2013) (Final Rule). Answers to frequently asked 

questions regarding the Final Rule are available at 

http://enforcement.trade.gov/tlei/notices/factual_

info_final_rule_FAQ_07172013.pdf. 

1See Letter to the Secretary of Commerce re: 

‘‘Titanium Sponge from Japan and Kazakhstan: 

Petition for the Imposition of Antidumping and 

Countervailing Duties’’ (August 24, 2017) (the 

Petitions). 2See Volume I of the Petitions, at 1–2. 3See Letter from the Department, ‘‘Petitions for 

the Imposition of Antidumping and Countervailing 

Duties on Imports of Titanium Sponge from Japan 

and Kazakhstan: Supplemental Questions,’’ dated 

August 29, 2017 (General Issues Supplemental 

Questionnaire); see also Petition for the Imposition 

of Antidumping Duties on Imports of Titanium 

Sponge from Japan: Supplemental Questionnaire; 

and Petition for the Imposition of Antidumping 

Duties on Imports of Titanium Sponge from 

Kazakhstan: Supplemental Questionnaire. All of 

these documents are dated August 29, 2017. See 

also Letter from the Department, ‘‘Petitions for the 

Imposition of Antidumping and Countervailing 

Duties on Imports of Titanium Sponge from Japan 

and Kazakhstan: Supplemental Questions,’’ dated 

September 8, 2017 (Second General Issues 

Supplemental Questionnaire). 

4See Letter from the petitioner, ‘‘Petitions for the 

Imposition of Antidumping and Countervailing 

Continued 

limits for the submission of factual 

information are addressed in 19 CFR 

351.301, which provides specific time 

limits based on the type of factual 

information being submitted. Interested 

parties should review the regulations 

prior to submitting factual information 

in this investigation. 

Extensions of Time Limits 

Parties may request an extension of 

time limits before the expiration of a 

time limit established under 19 CFR 

351.301, or as otherwise specified by the 

Secretary. In general, an extension 

request will be considered untimely if it 

is filed after the expiration of the time 

limit established under 19 CFR 351.301. 

For submissions that are due from 

multiple parties simultaneously, an 

extension request will be considered 

untimely if it is filed after 10:00 a.m. ET 

on the due date. Under certain 

circumstances, we may elect to specify 

a different time limit by which 

extension requests will be considered 

untimely for submissions which are due 

from multiple parties simultaneously. In 

such a case, we will inform parties in a 

letter or memorandum setting forth the 

deadline (including a specified time) by 

which extension requests must be filed 

to be considered timely. An extension 

request must be made in a separate, 

stand-alone submission; under limited 

circumstances we will grant untimelyfiled requests for the extension of time 

limits. Parties should review Extension 

of Time Limits; Final Rule, 78 FR 57790 

(September 20, 2013), available at 

http://www.gpo.gov/fdsys/pkg/FR-2013- 

09-20/html/2013-22853.htm, prior to 

submitting factual information in this 

investigation. 

Certification Requirements 

Any party submitting factual 

information in an AD or CVD 

proceeding must certify to the accuracy 

and completeness of that information.36

Parties must use the certification 

formats provided in 19 CFR 

351.303(g).37 The Department intends to 

reject factual submissions if the 

submitting party does not comply with 

applicable revised certification 

requirements. 

Notification to Interested Parties 

Interested parties must submit 

applications for disclosure under APO 

in accordance with 19 CFR 351.305. On 

January 22, 2008, the Department 

published Antidumping and 

Countervailing Duty Proceedings: 

Documents Submission Procedures; 

APO Procedures, 73 FR 3634 (January 

22, 2008). Parties wishing to participate 

in this investigation should ensure that 

they meet the requirements of these 

procedures (e.g., the filing of letters of 

appearance as discussed at 19 CFR 

351.103(d)). 

This notice is issued and published 

pursuant to sections 702 and 777(i) of 

the Act. 

Dated: September 13, 2017. 

Gary Taverman, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations, 

performing the non-exclusive functions and 

duties of the Assistant Secretary for 

Enforcement and Compliance. 

Appendix 

Scope of the Investigation 

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 (0.84 mm); 

(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. 

[FR Doc. 2017–20029 Filed 9–19–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–588–877, A–834–809] 

Titanium Sponge From Japan and 

Kazakhstan: Initiation of Less-ThanFair-Value Investigations 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable September 13, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Aleksandras Nakutis at (202) 482–3147 

(Japan) and Jonathan Hill at (202) 482– 

3518 (Kazakhstan), AD/CVD Operations, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW., Washington, 

DC 20230. 

SUPPLEMENTARY INFORMATION: 

The Petitions 

On August 24, 2017, the U.S. 

Department of Commerce (the 

Department) received antidumping duty 

(AD) Petitions concerning imports of 

titanium sponge from Japan and 

Kazakhstan, filed in proper form on 

behalf of Titanium Metals Corporation 

(the petitioner).1 The AD Petitions were 

accompanied by a countervailing duty 

(CVD) petition concerning imports of 

titanium sponge from Kazakhstan. The 

petitioner is a domestic producer of 

titanium sponge.2 On August 29, 2017, 

September 5, 2017, and September 8, 

2017, the Department requested 

supplemental information pertaining to 

certain areas of the Petitions.3 The 

petitioner filed responses to these 

requests on August 31, 2017, September 

7, 2017, and September 11, 2017, 

respectively.4 The petitioner filed 


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Duties on Titanium Sponge from Japan and 

Kazakhstan: TIMET Response to Supplemental 

General Questions;’’ (August 31, 2017) (General 

Issues Supplement); see also ‘‘Petition for the 

Imposition of Antidumping Duties on Titanium 

Sponge from Japan: TIMET Response to 

Supplemental Questionnaire;’’ (Japan AD 

Supplement) and ‘‘Petition for the Imposition of 

Antidumping Duties on Titanium Sponge from 

Kazakhstan: TIMET Response to Supplemental 

Questionnaire.’’ (Kazakhstan AD Supplement). Each 

of these documents is dated August 31, 2017; see 

also Letter from the petitioner, ‘‘Petition for the 

Imposition of Antidumping and Countervailing 

Duties on Titanium Sponge from Japan and 

Kazakhstan: TIMET Response to September 6, 

2017,’’ dated September 7, 2017 (Second 

Supplement); see also Letter from the petitioner, 

‘‘Petition for the Imposition of Antidumping and 

Countervailing Duties on Titanium Sponge from 

Japan and Kazakhstan: TIMET Rsponse to 

September 8, 2017 Supplemental Questions, dated 

Septeber (Second General Issues Supplement). 

5See Second General Issues Supplement. 

6See the ‘‘Determination of Industry Support for 

the Petitions’’ section, below. 

7See Second General Issues Questionnaire; see 

also Second General Issues Supplement, at 

Attachment D. 

8See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997). 

9See 19 CFR 351.102(b)(21) (defining ‘‘factual 

information’’). 

10See 19 CFR 351.303(b). 

11See Antidumping and Countervailing Duty 

Proceedings: Electronic Filing Procedures; 

Administrative Protective Order Procedures, 76 FR 

39263 (July 6, 2011); see also Enforcement and 

Compliance; Change of Electronic Filing System 

Name, 79 FR 69046 (November 20, 2014) for details 

of the Department’s electronic filing requirements, 

which went into effect on August 5, 2011. 

Information on help using ACCESS can be found at 

https://access.trade.gov/help.aspx and a handbook 

can be found at https://access.trade.gov/help/

Handbook%20on%20Electronic%20Filling

%20Procedures.pdf. 

revised scope language on September 

11, 2017.5

In accordance with section 732(b) of 

the Tariff Act of 1930, as amended (the 

Act), the petitioner alleges that imports 

of titanium sponge from Japan and 

Kazakhstan are being, or are likely to be, 

sold in the United States at less than fair 

value within the meaning of section 731 

of the Act, and that such imports are 

materially injuring, or threatening 

material injury to, the domestic industry 

producing titanium sponge in the 

United States. Also, consistent with 

section 732(b)(1) of the Act, the 

Petitions are accompanied by 

information reasonably available to the 

petitioner supporting its allegations. 

The Department finds that the 

petitioner filed these Petitions on behalf 

of the domestic industry because the 

petitioner is an interested party as 

defined in section 771(9)(C) of the Act. 

The Department also finds that the 

petitioner demonstrated sufficient 

industry support with respect to the 

initiation of the AD investigations that 

the petitioner is requesting.6

Period of Investigation 

Because the Petitions were filed on 

August 24, 2017, the period of 

investigation (POI) for these 

investigations is July 1, 2016, through 

June 30, 2017. 

Scope of the Investigations 

The product covered by these 

investigations is titanium sponge from 

Japan and Kazakhstan. For a full 

description of the scope of these 

investigations, see the ‘‘Scope of the 

Investigations,’’ in the Appendix to this 

notice. 

Comments on Scope of the 

Investigations 

During our review of the Petitions, the 

Department issued questions to, and 

received responses from, the petitioner 

pertaining to the proposed scope to 

ensure that the scope language in the 

Petitions would be an accurate 

reflection of the products for which the 

domestic industry is seeking relief.7

As discussed in the preamble to the 

Department’s regulations, we are setting 

aside a period for interested parties to 

raise issues regarding product coverage 

(scope).8 The Department will consider 

all comments received from interested 

parties and, if necessary, will consult 

with interested parties prior to the 

issuance of the preliminary 

determinations. If scope comments 

include factual information,9 all such 

factual information should be limited to 

public information. To facilitate 

preparation of its questionnaires, the 

Department requests all interested 

parties to submit such comments by 

5:00 p.m. Eastern Time (ET) on 

Tuesday, October 3, 2017, which is 20 

calendar days from the signature date of 

this notice. Any rebuttal comments, 

which may include factual information, 

must be filed by 5:00 p.m. ET on Friday, 

October 13, 2017, which is 10 calendar 

days from the initial comments 

deadline.10

The Department requests that any 

factual information the parties consider 

relevant to the scope of the 

investigations be submitted during this 

time period. However, if a party 

subsequently finds that additional 

factual information pertaining to the 

scope of the investigations may be 

relevant, the party may contact the 

Department and request permission to 

submit the additional information. All 

such comments must be filed on the 

records of each of the concurrent AD 

and CVD titanium sponge 

investigations. 

Filing Requirements 

All submissions to the Department 

must be filed electronically using 

Enforcement and Compliance’s 

Antidumping Duty and Countervailing 

Duty Centralized Electronic Service 

System (ACCESS).11 An electronically 

filed document must be received 

successfully in its entirety by the time 

and date it is due. Documents exempted 

from the electronic submission 

requirements must be filed manually 

(i.e., in paper form) with Enforcement 

and Compliance’s APO/Dockets Unit, 

Room 18022, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW., Washington, DC 20230, and 

stamped with the date and time of 

receipt by the applicable deadlines. 

Comments on Product Characteristics 

for AD Questionnaires 

The Department will provide 

interested parties an opportunity to 

comment on the appropriate physical 

characteristics of titanium sponge to be 

reported in response to the 

Department’s AD questionnaires. This 

information will be used to identify the 

key physical characteristics of the 

merchandise under consideration in 

order to report the relevant costs of 

production accurately as well as to 

develop appropriate productcomparison criteria. 

Interested parties may provide any 

information or comments that they 

believe are relevant to the development 

of an accurate list of physical 

characteristics. Specifically, they may 

provide comments as to which 

characteristics are appropriate to use as: 

(1) General product characteristics and 

(2) product-comparison criteria. We 

note that it is not always appropriate to 

use all product characteristics as 

product-comparison criteria. We base 

product-comparison criteria on 

meaningful commercial differences 

among products. In other words, 

although there may be some physical 

product characteristics utilized by 

manufacturers to describe titanium 

sponge, it may be that only a select few 

product characteristics are 

commercially meaningful physical 

characteristics. In addition, interested 

parties may comment on the order in 

which the physical characteristics 

should be used in matching products. 

Generally, the Department attempts to 

list the most important physical 

characteristics first and the least 

important characteristics last. 

In order to consider the suggestions of 

interested parties in developing and 

issuing the AD questionnaires, all 


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Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Notices 43941 

12See section 771(10) of the Act. 

13See USEC, Inc. v. United States, 132 F. Supp. 

2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. 

v. United States, 688 F. Supp. 639, 644 (CIT 1988), 

aff’d 865 F.2d 240 (Fed. Cir. 1989)). 

14For a discussion of the domestic like product 

analysis as applied to these cases and information 

regarding industry support, see Antidumping Duty 

Investigation Initiation Checklist: Titanium Sponge 

from Japan (Japan AD Initiation Checklist), at 

Attachment II, ‘‘Analysis of Industry Support for 

the Antidumping and Countervailing Duty Petitions 

Covering Titanium Sponge from Japan and 

Kazakhstan;’’ see also Antidumping Duty 

Investigation Initiation Checklist: Titanium Sponge 

from Kazakhstan (Kazakhstan AD Initiation 

Checklist), at Attachment II, ‘‘Analysis of Industry 

Support for the Antidumping and Countervailing 

Duty Petitions Covering Titanium Sponge from 

Japan and Kazakhstan.’’ These checklists are dated 

concurrently with this notice and on file 

electronically via ACCESS. Access to documents 

filed via ACCESS is also available in the Central 

Records Unit, Room B8024 of the main Department 

of Commerce building. 

15See Volume I of the Petitions, at 6–7 and 

Exhibit GEN–20. 

16 Id. For further discussion, see Japan AD 

Initiation Checklist and Kazakhstan AD Initiation 

Checklist, at Attachment II. 

17See Japan AD Initiation Checklist and 

Kazakhstan AD Initiation Checklist, at Attachment 

II. 

18See section 732(c)(4)(D) of the Act; see also 

Japan AD Initiation Checklist and Kazakhstan AD 

Initiation Checklist, at Attachment II. 

19See Japan AD Initiation Checklist and 

Kazakhstan AD Initiation Checklist, at Attachment 

II. 

20 Id. 

21 Id. 

22See Volume I of the Petitions, at 24–25 and 

Exhibits GEN–5 and GEN–6. 

product characteristics comments must 

be filed by 5:00 p.m. ET on October 3, 

2017. Any rebuttal comments must be 

filed by 5:00 p.m. ET on October 13, 

2017. All comments and submissions to 

the Department must be filed 

electronically using ACCESS, as 

explained above, on the records of the 

Japan and Kazakhstan less-than-fairvalue investigations. 

Determination of Industry Support for 

the Petitions 

Section 732(b)(1) of the Act requires 

that a petition be filed on behalf of the 

domestic industry. Section 732(c)(4)(A) 

of the Act provides that a petition meets 

this requirement if the domestic 

producers or workers who support the 

petition account for: (i) At least 25 

percent of the total production of the 

domestic like product; and (ii) more 

than 50 percent of the production of the 

domestic like product produced by that 

portion of the industry expressing 

support for, or opposition to, the 

petition. Moreover, section 732(c)(4)(D) 

of the Act provides that, if the petition 

does not establish support of domestic 

producers or workers accounting for 

more than 50 percent of the total 

production of the domestic like product, 

the Department shall: (i) Poll the 

industry or rely on other information in 

order to determine if there is support for 

the petition, as required by 

subparagraph (A); or (ii) determine 

industry support using a statistically 

valid sampling method to poll the 

‘‘industry.’’ 

Section 771(4)(A) of the Act defines 

the ‘‘industry’’ as the producers as a 

whole of a domestic like product. Thus, 

to determine whether a petition has the 

requisite industry support, the statute 

directs the Department to look to 

producers and workers who produce the 

domestic like product. The International 

Trade Commission (ITC), which is 

responsible for determining whether 

‘‘the domestic industry’’ has been 

injured, must also determine what 

constitutes a domestic like product in 

order to define the industry. While both 

the Department and the ITC must apply 

the same statutory definition regarding 

the domestic like product,12 they do so 

for different purposes and pursuant to a 

separate and distinct authority. In 

addition, the Department’s 

determination is subject to limitations of 

time and information. Although this 

may result in different definitions of the 

like product, such differences do not 

render the decision of either agency 

contrary to law.13

Section 771(10) of the Act defines the 

domestic like product as ‘‘a product 

which is like, or in the absence of like, 

most similar in characteristics and uses 

with, the article subject to an 

investigation under this title.’’ Thus, the 

reference point from which the 

domestic like product analysis begins is 

‘‘the article subject to an investigation’’ 

(i.e., the class or kind of merchandise to 

be investigated, which normally will be 

the scope as defined in a petition). 

With regard to the domestic like 

product, the petitioner does not offer a 

definition of the domestic like product 

distinct from the scope of the 

investigations. Based on our analysis of 

the information submitted on the 

record, we have determined that 

titanium sponge, as defined in the 

scope, constitutes a single domestic like 

product, and we have analyzed industry 

support in terms of that domestic like 

product.14

In determining whether the petitioner 

has standing under section 732(c)(4)(A) 

of the Act, we considered the industry 

support data contained in the Petitions 

with reference to the domestic like 

product as defined in the ‘‘Scope of the 

Investigations,’’ in the Appendix to this 

notice. The petitioner provided its own 

2016 production of the domestic like 

product, and compared this to the 

estimated total production of the 

domestic like product for the entire 

domestic industry.15 We relied on data 

the petitioner provided for purposes of 

measuring industry support.16

Our review of the data provided in the 

Petitions and other information readily 

available to the Department indicates 

that the petitioner has established 

industry support for the Petitions.17

First, the Petitions established support 

from domestic producers (or workers) 

accounting for more than 50 percent of 

the total production of the domestic like 

product and, as such, the Department is 

not required to take further action in 

order to evaluate industry support (e.g., 

polling).18 Second, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 732(c)(4)(A)(i) of the Act 

because the domestic producers (or 

workers) who support the Petitions 

account for at least 25 percent of the 

total production of the domestic like 

product.19 Finally, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 732(c)(4)(A)(ii) of the Act 

because the domestic producers (or 

workers) who support the Petitions 

account for more than 50 percent of the 

production of the domestic like product 

produced by that portion of the industry 

expressing support for, or opposition to, 

the Petitions.20 Accordingly, the 

Department determines that the 

Petitions were filed on behalf of the 

domestic industry within the meaning 

of section 732(b)(1) of the Act. 

The Department finds that the 

petitioner filed the Petitions on behalf of 

the domestic industry because it is an 

interested party as defined in section 

771(9)(C) of the Act, and that the 

petitioner has demonstrated sufficient 

industry support with respect to the AD 

investigations that it is requesting the 

Department to initiate.21

Allegations and Evidence of Material 

Injury and Causation 

The petitioner alleges that the U.S. 

industry producing the domestic like 

product is being materially injured, or is 

threatened with material injury, by 

reason of the imports of the subject 

merchandise sold at less than normal 

value (NV). In addition, the petitioner 

alleges that subject imports exceed the 

negligibility threshold provided for 

under section 771(24)(A) of the Act.22

The petitioner contends that the 

industry’s injured condition is 

illustrated by reduced market share; 


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23See Volume I of the Petitions, at 1–3, 14–15, 

18–47 and Exhibits GEN–1, GEN–2, GEN–5, GEN– 

6, GEN–10, GEN–12—GEN–15, GEN–19—GEN–26, 

GEN–30, GEN–31, and GEN–33. 

24See Japan AD Initiation Checklist, at 

Attachment III, Analysis of Allegations and 

Evidence of Material Injury and Causation for the 

Antidumping and Countervailing Duty Petitions 

Covering Titanium Sponge from Japan and 

Kazakhstan (Attachment III); and Kazakhstan AD 

Initiation Checklist, at Attachment III. 

25See Japan AD Initiation Checklist. 

26See Kazakhstan AD Initiation Checklist. 

27See Japan AD Initiation Checklist; and 

Kazakhstan AD Initiation Checklist. 

28The petitioner cited a newspaper article which 

quotes the President of Ust-Kamenogorsk Titanium 

Magnesium Plant JSC (UKTMP) (the sole producer 

of titanium sponge in Kazakhstan according to the 

petitioner) as saying ‘‘100% of UKTMP products are 

exported. . .’’ See Kazakhstan AD Supplement, at 

2–3 and Exhibit B. 

29See Volume II-a of the Petitions, at 6–8; see also 

Japan AD Supplement at 3–4.; see also Japan 

Second Supplement, at 1. 

30See Japan Second Supplement, at 1. 

31See Japan Second Supplement, at 1–2. 

32 In accordance with section 505(a) of the Trade 

Preferences Extension Act of 2015, amending 

section 773(b)(2) of the Act, for all of the 

investigations, the Department will request 

information necessary to calculate the CV and COP 

to determine whether there are reasonable grounds 

to believe or suspect that sales of the foreign like 

product have been made at prices that represent 

less than the COP of the product. The Department 

no longer requires a COP allegation to conduct this 

analysis. 

33See Japan AD Initiation Checklist and 

Kazakhstan AD Initiation Checklist. 

34See Japan AD Initiation Checklist. The 

petitioner also calculated margins based on a 

comparison between EP and the home market 

prices. However, because the petitioner contends 

that the home market prices are not usable for 

purposes of determining normal value, we have 

relied on the estimated dumping margins based on 

the comparison between EP and CV for purposes of 

the initiation. 

35See Kazakhstan AD Initiation Checklist. 

36See Trade Preferences Extension Act of 2015, 

Public Law 114–27, 129 Stat. 362 (2015). 

37See Dates of Application of Amendments to the 

Antidumping and Countervailing Duty Laws Made 

by the Trade Preferences Extension Act of 2015, 80 

FR 46793 (August 6, 2015). 

displacement of U.S. production by 

subject imports; underselling and price 

suppression or depression; decline in 

production, capacity utilization, hours 

worked, and earnings before interest 

and taxes, lost sales and revenues; and 

decline in pricing for downstream 

titanium products.23 We have assessed 

the allegations and supporting evidence 

regarding material injury, threat of 

material injury, and causation, and we 

have determined that these allegations 

are properly supported by adequate 

evidence, and meet the statutory 

requirements for initiation.24

Allegations of Sales at Less Than Fair 

Value 

The following is a description of the 

allegations of sales at less than fair value 

upon which the Department based its 

decision to initiate AD investigations of 

imports of titanium sponge from Japan 

and Kazakhstan. The sources of data for 

the deductions and adjustments relating 

to U.S. price and NV are discussed in 

greater detail in the country-specific 

initiation checklists. 

Export Price 

For Japan, the petitioner based U.S. 

export prices (EPs) on price quotes for 

sales of titanium sponge produced in, 

and exported from, Japan and offered for 

sale in the United States, and on average 

unit values (AUVs) obtained from 

official import statistics.25 For 

Kazakhstan, the petitioner based U.S. EP 

on an AUV obtained from official 

import statistics.26 Where applicable, 

the petitioner made deductions from 

U.S. price for movement expenses.27

Normal Value 

The petitioner was unable to obtain 

any prices of sales (or offers for sale) of 

titanium sponge in Kazakhstan.28

Additionally, although the petitioner 

was able to obtain a range of titanium 

sponge prices in Japan during the 2017 

fiscal year from the publication Nihon 

Keizai Shimbun, the petitioner provided 

evidence indicating that these prices 

may be based on affiliated-party sales 

and thus may not be arm’s length 

prices.29 As a result, the petitioner 

contends that these home market prices 

are not usable for determining normal 

value.30 Furthermore, for both Japan 

and Kazakhstan, the petitioner stated 

that it was unable to find usable thirdcountry titanium sponge prices.31

Therefore, for both Japan and 

Kazakhstan, the petitioner based NV on 

constructed value (CV). For further 

discussion of the cost of production 

(COP) and NV based on CV, see the 

section ‘‘Normal Value Based on 

Constructed Value’’ below.32

Normal Value Based on Constructed 

Value 

Pursuant to section 773(e) of the Act, 

CV consists of the cost of manufacturing 

(COM), selling, general, and 

administrative (SG&A) expenses, 

financial expenses, and profit. The 

petitioner determined the COM of 

titanium sponge by adding together the 

costs of raw materials, labor, 

maintenance, electricity, other supplies, 

and factory overhead, as applicable, 

incurred by the petitioner, adjusted, 

where possible, for known differences 

from costs in Japan and Kazakhstan 

during a contemporaneous period to the 

POI. Specifically, the petitioner adjusted 

for known differences in costs by using 

publicly available labor and energy rates 

for Japan and Kazakhstan. The 

petitioner based prices for raw 

materials, maintenance, other supplies 

and factory overhead on the petitioner’s 

own costs as such costs in Japan and 

Kazakhstan were not reasonably 

available to the petitioner. The 

petitioner calculated SG&A expenses, 

financial expense, and profit based on 

the experience of Japanese and Kazakh 

producers of identical merchandise.33

Fair Value Comparisons 

Based on the data provided by the 

petitioner, there is reason to believe that 

imports of titanium sponge from Japan 

and Kazakhstan are being, or are likely 

to be, sold in the United States at less 

than fair value. Based on comparisons of 

EP to NV in accordance with sections 

772 and 773 of the Act, the estimated 

dumping margins for titanium sponge 

from Japan and Kazakhstan are as 

follows: Japan—69.69% to 95.20% 

percent; 34 and Kazakhstan—42.22%.35

Initiation of Less-Than-Fair-Value 

Investigations 

Based upon our examination of the 

AD Petitions, we find that the Petitions 

meet the requirements of section 732 of 

the Act. Therefore, we are initiating AD 

investigations to determine whether 

imports of titanium sponge from Japan 

and Kazakhstan are being, or are likely 

to be, sold in the United States at less 

than fair value. In accordance with 

section 733(b)(1)(A) of the Act and 19 

CFR 351.205(b)(1), unless postponed, 

we will make our preliminary 

determinations in these investigations 

no later than 140 days after the date of 

this initiation. For a full discussion of 

the basis for our decision to initiate or 

not initiate on each program, see the 

Japan AD Initiation Checklist and 

Kazakhstan AD Initiation Checklist. 

Public versions of the initiation 

checklists for these investigations are 

available on ACCESS. 

Under the Trade Preferences 

Extension Act of 2015, numerous 

amendments to the AD and CVD law 

were made.36 The 2015 law does not 

specify dates of application for those 

amendments. On August 6, 2015, the 

Department published an interpretative 

rule, in which it announced the 

applicability dates for each amendment 

to the Act, except for amendments 

contained in section 771(7) of the Act, 

which relate to determinations of 

material injury by the ITC.37 The 

amendments to sections 771(15), 773, 

776, and 782 of the Act are applicable 

to all determinations made on or after 


sradovich on DSKBBY8HB2PROD with NOTICES
Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Notices 43943 

38 Id. at 46794–95. The 2015 amendments may be 

found at https://www.congress.gov/bill/114thcongress/house-bill/1295/text/pl. 

39See Volume I of the Petitions, at Exhibit GEN– 

14. 

40See 19 CFR 351.301(b). 

41See 19 CFR 351.301(b)(2). 

42See section 782(b) of the Act. 

43See Certification of Factual Information to 

Import Administration during Antidumping and 

Countervailing Duty Proceedings, 78 FR 42678 (July 

17, 2013) (Final Rule); see also frequently asked 

questions regarding the Final Rule, available at 

http://enforcement.trade.gov/tlei/notices/factual_

info_final_rule_FAQ_07172013.pdf. 

August 6, 2015, and, therefore, apply to 

these AD investigations.38

Respondent Selection 

Although the Department normally 

relies on the number of producers/ 

exporters identified in the petition and/ 

or import data from U.S. Customs and 

Border Protection (CBP) to determine 

whether to select a limited number of 

producers/exporters for individual 

examination in AD investigations, the 

petitioner identified only two 

companies as producers/exporters of 

titanium sponge from Japan: Osaka 

Titanium Technologies Co., Ltd. and 

Toho Titanium Company., Ltd.; and one 

company as a producer/exporter of 

titanium sponge form Kazakhstan: 

UKTMP. We currently know of no 

additional producers/exporters of the 

merchandise under consideration from 

Japan or Kazakhstan and the petitioner 

provided information from an 

independent source as support for its 

claim that there are only two producers/ 

exporters or titanium sponge in Japan 

and only one producer/exporter or 

titanium sponge in Kazakhstan.39

Accordingly, the Department intends to 

examine the producers/exporters 

identified in the Petitions for these 

investigations. Parties wishing to 

comment on respondent selection must 

do so within five days of the publication 

of this notice in the Federal Register. 

Any such comments must be submitted 

no later than 5:00 p.m. ET on the due 

date, and must be filed electronically 

via ACCESS. 

Distribution of Copies of the Petitions 

In accordance with section 

732(b)(3)(A)(i) of the Act and 19 CFR 

351.202(f), copies of the public version 

of the Petitions have been provided to 

the governments of Japan and 

Kazakhstan via ACCESS. To the extent 

practicable, we will attempt to provide 

a copy of the public version of the 

Petitions to each exporter named in the 

Petitions, as provided under 19 CFR 

351.203(c)(2). 

ITC Notification 

We will notify the ITC of our 

initiation, as required by section 732(d) 

of the Act. 

Preliminary Determinations by the ITC 

The ITC will preliminarily determine, 

within 45 days after the date on which 

the Petitions were filed, whether there 

is a reasonable indication that imports 

of titanium sponge from Japan and/or 

Kazakhstan are materially injuring, or 

threatening material injury to, a U.S. 

industry. A negative ITC determination 

for any country will result in the 

investigation being terminated with 

respect to that country. Otherwise, these 

investigations will proceed according to 

statutory and regulatory time limits. 

Submission of Factual Information 

Factual information is defined in 19 

CFR 351.102(b)(21) as: (i) Evidence 

submitted in response to questionnaires; 

(ii) evidence submitted in support of 

allegations; (iii) publicly available 

information to value factors under 19 

CFR 351.408(c) or to measure the 

adequacy of remuneration under 19 CFR 

351.511(a)(2); (iv) evidence placed on 

the record by the Department; and (v) 

evidence other than factual information 

described in (i)–(iv). 19 CFR 351.301(b) 

requires any party, when submitting 

factual information, to specify under 

which subsection of 19 CFR 

351.102(b)(21) the information is being 

submitted 40 and, if the information is 

submitted to rebut, clarify, or correct 

factual information already on the 

record, to provide an explanation 

identifying the information already on 

the record that the factual information 

seeks to rebut, clarify, or correct.41 Time 

limits for the submission of factual 

information are addressed in 19 CFR 

351.301, which provides specific time 

limits based on the type of factual 

information being submitted. Interested 

parties should review the regulations 

prior to submitting factual information 

in these investigations. 

Extensions of Time Limits 

Parties may request an extension of 

time limits before the expiration of a 

time limit established under 19 CFR 

351.301, or as otherwise specified by the 

Secretary. In general, an extension 

request will be considered untimely if it 

is filed after the expiration of the time 

limit established under 19 CFR 351.301. 

For submissions that are due from 

multiple parties simultaneously, an 

extension request will be considered 

untimely if it is filed after 10:00 a.m. ET 

on the due date. Under certain 

circumstances, we may elect to specify 

a different time limit by which 

extension requests will be considered 

untimely for submissions which are due 

from multiple parties simultaneously. In 

such a case, we will inform parties in a 

letter or memorandum setting forth the 

deadline (including a specified time) by 

which extension requests must be filed 

to be considered timely. An extension 

request must be made in a separate, 

stand-alone submission; under limited 

circumstances we will grant untimelyfiled requests for the extension of time 

limits. Parties should review Extension 

of Time Limits; Final Rule, 78 FR 57790 

(September 20, 2013), available at 

http://www.gpo.gov/fdsys/pkg/FR-2013- 

09-20/html/2013-22853.htm, prior to 

submitting factual information in these 

investigations. 

Certification Requirements 

Any party submitting factual 

information in an AD or CVD 

proceeding must certify to the accuracy 

and completeness of that information.42

Parties are hereby reminded that revised 

certification requirements are in effect 

for company/government officials, as 

well as their representatives. 

Investigations initiated on the basis of 

petitions filed on or after August 16, 

2013, and other segments of any AD or 

CVD proceedings initiated on or after 

August 16, 2013, should use the formats 

for the revised certifications provided at 

the end of the Final Rule.43 The 

Department intends to reject factual 

submissions if the submitting party does 

not comply with applicable revised 

certification requirements. 

Notification to Interested Parties 

Interested parties must submit 

applications for disclosure under APO 

in accordance with 19 CFR 351.305. On 

January 22, 2008, the Department 

published Antidumping and 

Countervailing Duty Proceedings: 

Documents Submission Procedures; 

APO Procedures, 73 FR 3634 (January 

22, 2008). Parties wishing to participate 

in these investigations should ensure 

that they meet the requirements of these 

procedures (e.g., the filing of letters of 

appearance as discussed at 19 CFR 

351.103(d)). 

This notice is issued and published 

pursuant to sections 732(c)(2) and 777(i) 

of the Act, and 19 CFR 351.203(c). 


sradovich on DSKBBY8HB2PROD with NOTICES
43944 Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Notices 

Dated: September 13, 2017. 

Gary Taverman, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations, 

performing the non-exclusive functions and 

duties of the Assistant Secretary for 

Enforcement and Compliance. 

Appendix 

Scope of the Investigations 

The product covered by these 

investigations 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 these 

investigations are: 

(1) Loose particles of unwrought titanium 

metal having a particle size of less than 20 

mesh (0.84 mm); 

(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 these investigations is dispositive. 

[FR Doc. 2017–20028 Filed 9–19–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XF658 

Fisheries of the South Atlantic; South 

Atlantic Fishery Management Council; 

Public Meetings 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Announcement of rescheduled 

meetings of the South Atlantic Fishery 

Management Council’s Citizen Science 

Advisory Panel Projects/Topics 

Management; Volunteers; 

Communication/Outreach/Education 

Action Teams. 

SUMMARY: The South Atlantic Fishery 

Management Council (Council) will 

hold meetings of its Citizen Science 

Advisory Panel Projects/Topics 

Management; Volunteers; 

Communication/Outreach/Education 

Action Teams via webinar. The 

meetings via webinar were originally 

scheduled for Tuesday, September 19, 

2017 at 1 p.m. (Projects/Topics 

Management); Thursday, September 21, 

2017 at 1 p.m. (Volunteers); Friday, 

September 22, 2017 at 10 a.m. 

(Communication/Outreach/Education) 

but have been rescheduled as a result of 

wide-spread impacts due to Hurricane 

Irma [See SUPPLEMENTARY INFORMATION]. 

DATES: The Volunteers Team meeting 

has been rescheduled for Monday, 

October 2, 2017 at 1 p.m.; Projects/ 

Topics Management Team on Tuesday, 

October 3, 2017 at 2 p.m.; and 

Communication/Outreach/Education 

Team on Wednesday, October 4 at 1 

p.m. Each meeting is scheduled to last 

approximately 90 minutes. Additional 

Action Team webinar and plenary 

webinar dates and times will publish in 

a subsequent issue in the Federal 

Register. 

ADDRESSES: The meetings will be held 

via webinar and are open to members of 

the public. Webinar registration is 

required and registration links will be 

posted to the Citizen Science program 

page of the Council’s Web site at 

www.safmc.net. 

Council address: South Atlantic 

Fishery Management Council, 4055 

Faber Place Drive, Suite 201, N. 

Charleston, SC 29405. 

FOR FURTHER INFORMATION CONTACT: 

Amber Von Harten, Citizen Science 

Program Manager, SAFMC; phone: (843) 

302–8433 or toll free (866) SAFMC–10; 

fax: (843) 769–4520; email: 

amber.vonharten@safmc.net. 

SUPPLEMENTARY INFORMATION: Due to the 

impacts of Hurricane Irma and ongoing 

recovery efforts in the South Atlantic 

region, the meetings of the Council’s 

Citizen Science Advisory Panel 

Projects/Topics Management; 

Volunteers; Communication/Outreach/ 

Education Action Team originally 

scheduled for Tuesday, September 19, 

2017 at 1 p.m. (Projects/Topics 

Management); Thursday, September 21, 

2017 at 1 p.m. (Volunteers); Friday, 

September 22, 2017 at 10 a.m. 

(Communication/Outreach/Education) 

have been rescheduled. The originally 

scheduled meetings were published in 

the Federal Register on September 1, 

2017 (82 FR 41613). 

The Volunteers Team meeting has 

been rescheduled for Monday, October 

2, 2017 at 1 p.m.; Projects/Topics 

Management Team on Tuesday, October 

3, 2017 at 2 p.m.; and Communication/ 

Outreach/Education Team on 

Wednesday, October 4 at 1 p.m. 

The South Atlantic Fishery 

Management Council (Council) created 

a Citizen Science Advisory Panel Pool 

in June 2017. The Council appointed 

members of the Citizen Science 

Advisory Panel Pool to five Action 

Teams in the areas of Volunteers, Data 

Management, Projects/Topics 

Management, Finance, and 

Communication/Outreach/Education to 

develop program policies and 

operations for the Council’s Citizen 

Science Program. 

The Communication/Outreach/ 

Education; Projects/Topics 

Management; Volunteers Action Teams 

will meet to continue work on 

developing recommendations on 

program policies and operations to be 

reviewed by the Council’s Citizen 

Science Committee. Public comment 

will be accepted at the beginning of the 

meeting. 

Items to be addressed during these 

meetings: 

1. Discuss work on tasks in the Terms 

of Reference 

2. Other Business 

Special Accommodations 

These meetings are physically 

accessible to people with disabilities. 

Requests for auxiliary aids should be 

directed to the council office (see 

ADDRESSES) 3 days prior to the meeting. 

Note: The times and sequence specified in 

this agenda are subject to change. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: September 15, 2017. 

Tracey L. Thompson, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2017–20039 Filed 9–19–17; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XF696 

Marine Mammals; File Nos. 21217 and 

21397 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of applications. 


sradovich on DSKBBY8HB2PROD with NOTICES