[Federal Register Volume 62, Number 135 (Tuesday, July 15, 1997)]
[Notices]
[Pages 37879-37880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18449]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-821-802]


Amendment to the Agreement Suspending the Antidumping 
Investigation on Uranium From the Russian Federation

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: May 7, 1997.

ACTION: Notice of Amendment to the Agreement Suspending the Antidumping 
Investigation on Uranium From the Russian Federation.

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FOR FURTHER INFORMATION CONTACT: James Doyle or Karla Whalen, Office of 
Antidumping Countervailing Duty Enforcement, Group III, Office 7, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-0159 or (202) 482-0408, 
respectively.

SUMMARY: On May 7, 1997, the Department of Commerce (the Department) 
and the Ministry of Atomic Energy of the Russian Federation (MINATOM) 
signed an amendment to the Agreement Suspending the Antidumping 
Investigation on Uranium From the Russian Federation, as amended (the 
Suspension Agreement). This amendment doubles the amount of Russian-
origin uranium which may be imported into the United States for further 
processing prior to re-exportation. In addition, it lengthens the 
period of time uranium may remain in the United States for such 
processing to up to three years.

SUPPLEMENTARY INFORMATION:

Background

    On October 16, 1992, the Department and MINATOM signed the 
Suspension Agreement on uranium and, on October 30, 1992, the 
Suspension Agreement was published in the Federal Register (57 FR 
49220, 49235). On March 11, 1994, the Department and MINATOM signed an 
amendment to the Suspension Agreement on uranium and, on April 1, 1994, 
this amendment was published in the Federal Register (59 FR 15373). 
This amendment provided for entry of Russian uranium into the United 
States based on a concept of matched sales between the United States 
and Russian producers.
    On October 3, 1996, the Department and MINATOM signed two 
amendments to the Suspension Agreement. One amendment provided for the 
sale in the United States of feed associated with imports of low-
enriched uranium (LEU) derived from high-enriched uranium (HEU) which 
made the Suspension Agreement consistent with the USEC Privatization 
Act. The second amendment restored previously unused quota for 
separative work units (SWU), and covered Russian uranium which had been 
enriched in a third country within the terms of the Suspension 
Agreement, for a period of two years from the effective date of the 
amendment. On November 6, 1996, both amendments were published in the 
Federal Register (61 FR 56665).
    On August 16, 1996, the Department and MINATOM initialed a proposed 
amendment regarding the re-export provision of the Suspension 
Agreement. The amendment extended the 12 month limitation up to 36 
months and increased the amount of Russian Federation uranium which 
could enter the United States for further processing from 3 million 
pounds U3O8 to 6 million pounds U3O8. The Department subsequently 
released the proposed amendment to interested parties for comment. 
After careful consideration by the Department of the comments submitted 
and further consultations between the two parties, the Department and 
MINATOM signed the final amendment in its initialed form in Moscow on 
May 7, 1997. The text of this amendment follows in the Annex to this 
notice.

    Dated: June 12, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.

Amendment to the Agreement Suspending the Antidumping Investigation on 
Uranium From the Russian Federation

    Consistent with the requirement of Section 734(l) of the U.S. 
Tariff Act of 1930, as amended, to prevent the suppression or 
undercutting of price levels of domestic products in the United States, 
Section IV of the Agreement Suspending the Antidumping Investigation on 
Uranium from the Russian Federation, as amended on March 11, 1994, (the 
Agreement) is amended as set forth below. All other provisions of the 
Agreement, particularly Section VII, remain in force and apply to this 
Amendment.
    1. The following paragraphs replace Section IV.H:
    For purposes of permitting processing in the United States of 
uranium products from the Russian Federation, the Government of the 
Russian Federation may issue re-export certificates for import into the 
United States of Russian uranium products only where such imports to 
the United States are not for sale or ultimate consumption in the 
United States and where re-exports will take place within 12 months or 
within 36 months of entry into the United States as indicated by the 
importer or record at the time of entry.
    In no event shall an export certificate be endorsed by the Russian 
Federation for uranium products previously imported into the United 
States under such re-export certificate. Such re-export certificates 
will in no event be issued in amounts greater than one million pounds 
U3O8 equivalent per re-export certificate.
    The importer of record must specify at the time of entry whether it 
will re-export the entered material under the 12 month limitation or 
under the 36 month limitation (which requires additional certifications 
as noted below).
    Re-export certificates issued under the 12 month limitation shall 
not exceed three million pounds U3O8 equivalent at any one time.
    Additional re-export certificates may be issued under the 36 month 
limitation as long as the total amount of uranium products entered 
pursuant to re-export certificates issued (under both the 12 month and 
36 month limitations) does not exceed six million pounds U3O8 
equivalent at any one time.

[[Page 37880]]

    For re-exports entered under the 36 month limitation, the importer 
of record must provide the Department with the following at the time of 
entry: 1) certification that it will ensure re-exportation within 36 
months of entry into the United States; 2) certification from the end-
user that the uranium products will not be sold, loaned, swapped, used 
as loan repayments, or utilized other than for re-export in accordance 
with Section IV.H of the suspension agreement; and 3) certification 
from the U.S. convertor and/or enricher and/or fabricator, as 
applicable, that the uranium products will not be sold, loaned, 
swapped, used as loan repayments, or utilized other than for re-export 
in accordance with Section IV.H of the suspension agreement while held 
at the respective entity's facility. Liquidation will be suspended for 
all such entries of uranium products which are covered by the 36 month 
re-export certificates. Suspension of liquidation will be continued for 
each such entry until all uranium products covered by the respective 
entries are re-exported and the Department of Commerce has notified 
Customs that the relevant entries may be liquidated.
    If uranium products from the Russian Federation are: (A) If subject 
to the 12 month limitation, not re-exported within 12 months; (B) if 
subject to the 36 month limitation, not re-exported within 36 months, 
or (C) if subject to the 36 month limitation, sold, loaned, swapped, 
used as loan repayments, or utilized other than for re-export in 
accordance with Section IV.H of the Agreement, the Department will 
refer the matter to Customs or the Department of Justice for further 
action and the United States will promptly notify the Government of the 
Russian Federation and the two governments shall enter into 
consultations. If the uranium products are not re-exported within 3 
months of the referral to Customs or the Department of Justice and the 
problem has not been resolved to the mutual satisfaction of both the 
United States and the Russian Federation, the volume of the uranium 
products entered pursuant to the re-export certificate may be counted 
against the export limit in effect at such time, or, if there is 
insufficient quota, the first available quota. This volume may be 
restored to the export limit if the product is subsequently re-
exported.
    The Parties agree that this Amendment constitutes an integral part 
of the Agreement.
    The English language version of this Amendment shall be 
controlling.

    Signed on this 7th day of May, 1997.

    For the Ministry of Atomic Energy of the Russian Federation:
N.N. Yegorov,
Deputy Minister, Ministry of Atomic Energy of the Russian Federation.
    For the United States Department of Commerce:
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-18449 Filed 7-14-97; 8:45 am]
BILLING CODE 3510-DS-P