[Federal Register Volume 60, Number 92 (Friday, May 12, 1995)]
[Notices]
[Pages 25692-25694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11809]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
[A-834-802]
Agreement Suspending the Antidumping Investigation on Uranium
From Kazakhstan
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Amendment to the Agreement Between the United States
Department of Commerce and the Republic of Kazakhstan Suspending the
Antidumping Investigation on Uranium from Kazakhstan.
-----------------------------------------------------------------------
SUMMARY: The Department of Commerce (the Department) and the Republic
of Kazakhstan (Kazakhstan) have signed an Amendment (the Amendment) to
the Agreement Suspending the Antidumping Investigation on Uranium from
Kazakhstan (the Agreement).
EFFECTIVE DATE: March 27, 1995.
FOR FURTHER INFORMATION CONTACT: Beth Chalecki or Maureen Price, Office
of Agreements Compliance, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
2312 or (202) 482-0159, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 16, 1992, the Department and Kazakhstan signed the
Agreement and, on October 30, 1992, the Agreement was published in the
Federal Register (57 FR 49220, 49222). On November 9, 1994, the
Department and Kazakhstan initialed an Amendment to modify the Appendix
A price-tied quota contained in the original Agreement. The Amendment
was then released to interested parties for comment. The Department
carefully considered these comments and held further consultations with
Kazakhstan.
Subsequently, the Department and Kazakhstan negotiated an Amendment
based upon a different concept than the one previously initialed. This
Amendment modifies the original price-tied quota mechanism by lowering
the threshold price from $13 to $12, and redefines Kazakhstani-origin
uranium to include uranium mined in Kazakhstan and enriched in a third
country. On March 24, 1995, the Department and Kazakhstan signed a
final Amendment, which was to take effect when the final signature was
added on March 27, 1995. The text of the final Amendment follows this
notice.
Dated: April 25, 1995.
Joseph A. Spetrini,
Deputy Assistant Secretary for Compliance.
Amendment to the Agreement Suspending the Antidumping Investigation on
Uranium From Kazakhstan, as Amended
Pursuant to Section X.B. of the Agreement Suspending the
Antidumping Investigation on Uranium from Kazakhstan, as amended on
February 7, 1995 (``Amended Agreement''), the parties have consulted to
ensure that exports of Kazakhstani ore enriched in U235 in another
country prior to direct or indirect importation into the United States
do not undermine the Amended Agreement. As a result of these
consultations, and to ensure that such exports do not undermine the
Amended Agreement, the parties agree as follows:
1. The following definitions are added to Section II:
(e) ``For consumption'' means for further processing (as necessary)
and use as nuclear fuel. Consumption may include such uses as swaps or
exchanges of material, only where such swaps or exchanges are
documented to be conducted solely for the purpose of facilitating the
further processing and use as nuclear fuel by the end-user. The
material shall not be loaned. The [[Page 25693]] material shall not be
resold by or on behalf of the end-user except as a result of force
majeure.
(f) ``End-user'' means an entity, such as an electric utility,
hospital, or scientific institution, which consumes uranium.
(g) The natural feed component for 1 KgU of enriched uranium
product (``EUP'') shall be determined using the feed to product factor
calculated with the following formulae:
[(PA-TA)/(FA-TA)]=XA
where:
PA=Actual Product Assay of the imported low enriched uranium (``LEU'')
as found in the import documents
TA=For enrichment contracts, the actual tails assay selected by the
customer pursuant to the contract; for other contracts calling for the
delivery of LEU, 0.3 weight percent U235. During the anniversary month
of this Amendment, the tails assay for other contracts calling for the
delivery of LEU will be amended as appropriate, based on the optimum
tails assay.
FA=0.711 weight percent U235 (feed assay)
XA=Feed-to-Product Factor.
The feed-to-product factor shall then be multiplied by 2.61283 to reach
the lbs. U308 equivalent of the imported LEU.
2. Section III, ``Product Coverage,'' is amended as follows:
The following language replaces the second paragraph, beginning,
``Uranium ore * * *''
Further, uranium ore from Kazakhstan that is milled into U308 and/
or converted into UF6 and/or enriched in U235 in another country prior
to direct and/or indirect importation into the United States is
considered uranium from Kazakhstan and is subject to the terms of this
Agreement. When imported as enriched uranium (excluding highly enriched
uranium), the full amount of the natural uranium equivalent required to
produce the enriched product will be counted against the existing quota
under this Agreement. For the purposes of calculating this amount of
natural uranium, the terms of definition II (g) shall apply unless
otherwise reported.
The third paragraph of Section III, beginning, ``For purposes of
this Agreement, uranium enriched * * *'' is replaced by:
If applicable, for purposes of this agreement, uranium enriched in
U235 or compounds of uranium enriched in U235 in Kazakhstan are covered
by this agreement, regardless of their subsequent modification or
blending.
Thus, Section III, as amended, provides as follows:
The merchandise covered by this Agreement are the following
products from Kazakhstan:
Natural uranium in the form of uranium ores and concentrates;
natural uranium metal and natural uranium compounds; alloys,
dispersions (including cermets), ceramic products, and mixtures
containing natural uranium or natural uranium compounds; uranium
enriched U235 and its compounds; alloys, dispersions (including
cermets), ceramic products, and mixtures containing uranium enriched in
U235 or compounds of uranium enriched in U235, and any other forms of
uranium within the same class or kind.
Further, uranium ore from Kazakhstan that is milled into U308 and/
or converted into UF6 and/or enriched in U235 in another country prior
to direct and/or indirect importation into the United States is
considered uranium from Kazakhstan and is subject to the terms of this
Agreement. When imported as enriched uranium (excluding highly enriched
uranium), the full amount of the natural uranium equivalent required to
produce the enriched product will be counted against the existing quota
under this Agreement. For the purposes of calculating this amount of
natural uranium, the terms of definition II (g) shall apply unless
otherwise reported.
If applicable, for purposes of this agreement, uranium enriched in
U235 or compounds of uranium enriched in U235 in Kazakhstan are covered
by this agreement, regardless of their subsequent modification or
blending.
Highly enriched uranium (``HEU'') is within the scope of this
investigation, and HEU is covered by this agreement. For the purpose of
this agreement, HEU means uranium enriched to 20 percent or greater in
the isotope U235.
Imports or uranium ores and concentrates, natural uranium
compounds, and all forms of enriched uranium are currently classified
under Harmonized Tariff Schedule (``HTS'') subheadings: 2612.10.00,
2844.10.20, and 2844.20.00, respectively. Imports of natural uranium
and forms of natural uranium other than compounds are currently
classified under HTS subheadings: 2844.10.10 and 2844.10.50. HTS
subheadings are provided for convenience and customs purposes. The
written description of the scope of these proceedings is dispositive.
3. The following language replaces Paragraph D of Section VII,
``Anticircumvention,'':
D. In addition to the above requirements, the Department shall
direct the U.S. Customs Service to require all importers of uranium
into the United States, regardless of stated country of origin, to
submit at the time of entry written statements certifying the
following:
(A) The country(ies) in which the ore was mined and, if applicable,
converted, enriched, and/or fabricated, for all imports; and
(B) That the uranium being imported was not obtained under any
arrangement, swap, or other exchange designed to circumvent the export
limits for uranium of Kazakhstani origin established by this agreement.
Where there is reason to believe that such a certification has been
made falsely, the Department will refer the matter to Customs or the
Department of Justice for further action.
4. The price levels of Appendix A of the Agreement are hereby
amended as follows:
Appendix A: Kazakhstan
------------------------------------------------------------------------
Quota in
millions
Price level of pounds
U308
------------------------------------------------------------------------
$12.00-$13.99................................................ 1.0
14.00-14.99.................................................. 1.2
15.00-15.99.................................................. 1.4
16.00-16.99.................................................. 1.8
17.00-17.99.................................................. 2.5
18.00-18.99.................................................. 3.5
19.00-19.99.................................................. 4.0
20.00-20.99.................................................. 5.0
21.00 and up................................................. (\1\)
------------------------------------------------------------------------
\1\Unlimited U308.
5. The parties further agree that their intention is, consistent
with Section IV.J. of the Agreement, that Kazakhstan be accorded
treatment no less favorable than any other republic of the former
Soviet Union that also has a suspension agreement with the United
States with respect to trade in uranium. Accordingly, if U.S. law,
regulation, administrative practice, or policy should change in any
manner that would result in relatively less favorable treatment for
Kazakhstan, or if the United States should enter into any agreement or
understanding or take any action that would cause that result, the
parties will promptly enter into consultations with a view to amending
this Agreement so as to eliminate such less favorable treatment.
6. The Parties agree that this Amendment constitutes an integral
part of the Amended Agreement. Furthermore, the Parties agree that this
Amendment supersedes and replaces [[Page 25694]] the amendment
initialled on November 9, 1994.
7. The English language version of this Amendment shall be
controlling.
8. This amendment is effective as of March 27, 1995.
Joseph A. Spetrini,
Deputy Assistant Secretary for Compliance.
Bulat D. Utemuratov,
First Deputy Minister of Industry and Trade.
Victor G. Yazikov,
President, Katep.
[FR Doc. 95-11809 Filed 5-11-95; 8:45 am]
BILLING CODE 3510-D5-M