[Federal Register Volume 64, Number 92 (Thursday, May 13, 1999)]
[Notices]
[Pages 25867-25871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12155]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-821-802]


Procedures for Delivery of HEU Natural Uranium Component in the 
United States

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

ACTION: Request for Comments.

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SUMMARY: The Department of Commerce is hereby providing interested 
parties an opportunity to comment on the latest draft Revision of the 
Procedures for Delivery of HEU Natural Uranium Component in the United 
States. All comments are due, by close of business, to the Department 
of Commerce seven (7) days from the date of publication of this notice.

EFFECTIVE DATE: May 13, 1999.

FOR FURTHER INFORMATION CONTACT: James C. Doyle, Karla Whalen, or 
Juanita H. Chen, Enforcement Group III, Office VII, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue, NW, Washington, DC 20230, at 
telephone: 202-482-3793.

Background

    As set forth in the USEC Privatization Act, the Department of 
Commerce (``the Department'') has the responsibility for the 
administration and enforcement of the HEU Agreement. Pursuant to this 
Act, the Department established the Procedures for Delivery of HEU 
Natural Uranium Component in the United States (``HEU Procedures'') (63 
FR 36391, July 6, 1998) to enforce the USEC Privatization Act mandate. 
After requesting comments from parties on necessary or desirable 
changes to the HEU Procedures (63 FR 54108, October 8, 1998), the 
Department determined that revision and clarification of the HEU 
Procedures were warranted. Revised HEU Procedures were published on 
March 26, 1999, and parties were again invited to comment on necessary 
or desirable changes (64 FR 14697, March 26, 1999). As the Department 
has made substantive changes, in part as a result of parties' comments, 
the Department has determined that comments on this latest revision of 
the HEU Procedures are again appropriate.

Opportunity to Submit Comments

    Parties wishing to comment on this latest revision of the HEU 
Procedures have the opportunity to participate on the record. Parties 
may submit comments with respect to these revised HEU Procedures by 
close of business seven (7) days from publication of this notice. Seven 
copies of the comments should be submitted to: Import Administration, 
Central Records Unit, Room 1870, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington, DC 20230, Attention: 
Roland L. MacDonald.
    All comments provided to the Department in response to this notice 
will be subject to release under the Freedom of Information Act 
(``FOIA''), 5 U.S.C. 552, et seq. (1998).

    Dated: May 7, 1999.
Joseph A. Spetrini,
Deputy Assistant Secretary, Enforcement Group III.

Draft Revised Procedures for Delivery of HEU Natural Uranium 
Component in the United States

    The United States Enrichment Corporation Privatization Legislation, 
42 U.S.C. 2297h, et seq. (``USEC Privatization Act''), directs the 
Secretary of Commerce to administer and enforce Russian origin uranium 
delivery limitations set forth in 42 U.S.C. 2297h-10(b)(5). 
Accordingly, the U.S.

[[Page 25868]]

Department of Commerce (``Department'') is implementing Sec. 2297h-10 
of the USEC Privatization Act by issuing these revised HEU Procedures. 
The authority to implement the HEU Procedures does not derive from the 
Tariff Act of 1930, as amended. Therefore, these revised HEU Procedures 
are not subject to the Agreement Suspending the Antidumping 
Investigation on Uranium from the Russian Federation (``Russian 
Suspension Agreement''), 57 FR 79235 (October 30, 1992), as amended.

A. Coverage

    The uranium covered by these revised HEU Procedures is the 
U3 0 8 or UF6 component of the low-
enriched uranium derived from the highly enriched uranium (``HEU'') 
taken from dismantled nuclear warheads, deemed under United States law 
for all purposes to be of Russian origin, and delivered to the Russian 
Executive Agent pursuant to the USEC Privatization Act (``HEU Natural 
Uranium Component'').

B. Definitions

    1. Account Administrator--means the party that administers an 
account into which the Russian Executive Agent or a Designated Agent 
takes delivery of, and provides account balance information for, the 
HEU Natural Uranium Component prior to its sale pursuant to the USEC 
Privatization Act.
    2. Annual Maximum Deliveries--means the delivery limitations to 
End-Users as set forth at 42 U.S.C. 2297h--10(b)(5):

                 Annual Maximum Deliveries to End-Users
------------------------------------------------------------------------
                                                              (Millions
                           Year:                              lbs. U3O8
                                                             equivalent)
------------------------------------------------------------------------
                  1998                                                 2
                  1999                                                 4
                  2000                                                 6
                  2001                                                 8
                  2002                                                10
                  2003                                                12
                  2004                                                14
                  2005                                                16
                  2006                                                17
                  2007                                                18
                  2008                                                19
                  2009 and each year thereafter                       20
------------------------------------------------------------------------

    3. Consumption--means for use as nuclear fuel.
    4. Designated Agent--means any party that has been authorized by 
the Ministry of Atomic Energy of the Russian Federation (``MINATOM'') 
to sell the HEU Natural Uranium Component.
    5. Designated Agent's Account--means the account held in the name 
of the Designated Agent, into which only the HEU Natural Uranium 
Component is delivered prior to its transfer pursuant to the USEC 
Privatization Act.
    6. End-User--means an entity that purchases natural uranium for 
consumption in a nuclear reactor in the United States, owned or 
operated by itself or a parent, subsidiary, or other entity under 
common ownership or control.
    7. Executive Agent--means either the United States or Russian 
Federation executive agent with the authority to implement the 
Agreement Between the Government of the United States of America and 
the Government of the Russian Federation Concerning the Disposition of 
Highly Enriched Uranium Extracted from Nuclear Weapons, dated February 
19, 1993.
    8. Secretary--means the Secretary of Commerce or a designee. The 
Secretary has responsibility for the administration and enforcement of 
the limitations set forth in 42 U.S.C. 2297h-10(b)(5).
    9. U3 O8 to (UF6 Conversion--1 KgU 
in UF6 2.61283 lbs. U.308
    10. Verification--The process by which the Department examines the 
records of the party that provided the information being examined, and 
interviews company personnel who prepared such information and who are 
familiar with the sources of the data in the information, in order to 
establish the adequacy and accuracy of submitted information.
    11. Importer of Record--means the person by whom, or for whose 
account, subject merchandise is imported.

C. Record Procedures and Commercial Confidentiality

    1. Public Record and Access
    a. HEU Record: A separate record for documents and information 
generated under the HEU Procedures shall be created under the 
identifying title ``HEU File'' and maintained in the Central Records 
Unit.
    b. Central Records Unit: Import Administration's Central Records 
Unit is located at B-099, U.S. Department of Commerce, Pennsylvania 
Avenue and 14th Street, NW, Washington, DC 20230. The office hours of 
the Central Records Unit are between 8:30 A.M. and 5:00 P.M. on 
business days.
    c. The Central Records Unit is responsible for maintaining a public 
and an official record for the HEU File. The public record will consist 
of all material contained in the official record that the Secretary 
determines is subject to release under the Freedom of Information Act 
(``FOIA''), 5 U.S.C. 552, et seq. (1998), and disclosed to the general 
public in the Central Records Unit. The Secretary will charge an 
appropriate fee for providing copies of documents. The official record 
will contain the foregoing information and information for which the 
submitter has claimed an exemption to release under FOIA. Such official 
record will be accessible only to authorized Commerce Department 
employees.
    d. FOIA Release and Treatment of Commercial and Financial 
Information: Documents submitted to the Department are fully releasable 
under FOIA, unless a party claims protection from release under a FOIA 
exemption. A party making a submission may not claim its own identity 
as protected from release under FOIA. In order to claim protection from 
release, a party must specify the appropriate exemption applicable to 
the information which the party seeks to protect from release, and 
bracket such information. See Sec. 4.7 of the Department's FOIA 
regulations, set forth in 15 C.F.R. part 4 (1998). If the information 
in the submission is protected from release under an exemption to FOIA, 
the party submitting such documentation may provide a releasable public 
version along with the non-releasable version. Further information on 
FOIA may be accessed at http://www.usdoj.gov/foia.
    e. Interim Record: The Department will create the public record of 
the HEU File. Within 90 days from publication of the final revised HEU 
Procedures, the Department will provide to parties that have already 
submitted information to the Department, pursuant to the January 7, 
1998 HEU Procedures, the opportunity to claim that documents are exempt 
from release under FOIA and to create releasable versions of said 
documents. The Department will also transfer any documentation relating 
to the HEU Procedures from the record for the Russian Suspension 
Agreement (A-821-802) to the HEU File, or will return such 
documentation to the submitter, as appropriate.
    2. Record Submission Instructions
    a. Where to file: For the Department to consider a submission to 
the record, persons must address and submit all documents to: The 
Secretary of Commerce, Attention: Import Administration, Central 
Records Unit, Room 1870, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230. Submissions may be made 
between 8:30 AM and 5:00 PM on business days. Courtesy copies addressed 
to the appropriate employee, and designating

[[Page 25869]]

the employee's mail stop room number, may be delivered to Room 1874 
(Courier Delivery Entrance).
    b. Required Header Information: Any submission made to the HEU File 
must contain the following information in the upper right hand corner 
of the document in the order presented below:

HEU File
Number of Pages
Fully Releasable under FOIA, or, Not Fully Releasable under FOIA
Attn: Uranium Program, Room 7866

    c. Number of Copies: Each submission to the Department must be 
accompanied by three copies of the submission. Where claim of exemption 
from release under FOIA is made, the specific portion(s) of the 
submission for which exemption is claimed must be clearly identified 
when the submission is made. Upon receipt, the Central Records Unit 
will stamp the official date of filing on the submission.

D. Allocation of Annual Maximum Deliveries to End-Users

    The Department recognizes that MINATOM may allocate the Annual 
Maximum Deliveries of HEU Natural Uranium Component among any 
Designated Agent(s) which it authorizes to sell the HEU Natural Uranium 
Component. For each Designated Agent receiving a delivery allocation, 
MINATOM will issue a certificate identifying such Designated Agent, the 
duration of time for which the allocation is valid, and the maximum 
annual amount to be delivered under that certificate. The 
certificate(s) will also contain a statement that the material to be 
delivered to the Designated Agent may be sold in the United States in 
accordance with 42 U.S. C. 2297h-10. No such certificate shall be valid 
and effective until such time as the Department receives a copy of such 
certificate. The cumulative quantities authorized by all such 
certificates for each year may not exceed the Annual Maximum Deliveries 
for such year.

E. Re-allocation

    Annual deliveries allocated to a Designated Agent may be re-
allocated to any other Designated Agent or to MINATOM within the same 
annual period subject to the Annual Maximum Deliveries, provided that 
MINATOM submits to the Department a copy of the amended and/or 
terminated certificate(s) from which annual delivery allocation is to 
be withdrawn and a copy of the new certificate(s) re-allocating annual 
delivery allocation.

F. Delivery Forfeit and Flexibility

    On December 31 of each year, any portion of the Annual Maximum 
Deliveries not delivered in that year will be forfeited. In the 
unlikely event that there are transfer, transportation, or other 
difficulties beyond the control of the Designated Agent, the Department 
may provide for a 30 day grace period to complete the delivery. The 
Department must be notified in writing of a request for a 30 day grace 
period, detailing the reasons for the delivery delay.

G. Swaps, Exchanges, Loans, or Resales of Material

    1. Swaps, Exchanges or Loans: Swaps, exchanges or loans of HEU 
Natural Uranium Component may be conducted solely for the purpose of 
facilitating delivery, further processing, and end-use as nuclear fuel. 
Notification of such permitted swaps, exchanges, or loans is required 
to be provided to the Department at the time of the transactions, in 
the format set forth in Attachment One; however, no prior approval by 
the Department is required to proceed. Examples of such permitted 
swaps, exchanges, or loans are those designed to avoid transportation 
costs. The Department considers swaps, exchanges, or loans that will 
result in sales for Consumption in the United States, directly or 
indirectly, in excess of the Annual Maximum Deliveries to be 
circumvention. Swaps, exchanges or loans are subject to verification by 
the Department at any time and at its discretion.
    2. Resale.
    a. The Department will permit End-Users to resell the HEU Natural 
Uranium Component. If the HEU Natural Uranium Component is resold, the 
End-User (or any other entity) making the resale must notify the 
Department of the date of the resale, the entity to whom it was sold, 
and the volume resold, in the format provided in Attachment One; 
however, no prior approval by the Department is required to proceed.
    b. If an End-User resells the HEU Natural Uranium Component to any 
party other than another End-User, the material must be held in a 
separate account and quarterly reports on the account balance, in the 
format provided in Attachment Two, are required from the purchaser of 
the resold material. The material must be tracked in a separate 
account, and quarterly reports on the account balance must be provided 
for all subsequent resales except those to an End-User.
    c. An End-User may purchase HEU Natural Uranium Component on re-
sale only from another End-User or an entity utilizing a separate 
account and providing quarterly reports to the Department as noted in 
Paragraph H.2.b. above.
    d. Resales remain subject to the requirements of Sec. 2297h-10 of 
the USEC Privatization Act, these HEU Procedures, and are also subject 
to verification by the Department at any time and at its discretion.

H. Post-Delivery Notification

    For all deliveries of HEU Natural Uranium Component, Designated 
Agents must submit to the Department, within ten (10) days of receipt, 
copies of all delivery confirmations provided to the Designated Agents 
from the appropriate Account Administrator. Such confirmations must 
contain the identity of the account holders from and to which the 
material was transferred, the quantity transferred, the contract number 
pursuant to which such delivery is made, and the date of delivery.

I. Quarterly Reports

1. Designated Agents
    Designated Agents must submit for the HEU File quarterly reports 
and certifications detailing all activity relating to the movement of 
HEU Natural Uranium Component into and out of their respective 
accounts, in the format set forth in Attachment Two. These reports must 
be submitted on May 1, August 1, November 1, and February 1 of each 
year for the quarters ending March 31, June 30, September 30, and 
December 31, respectively.
2. Account Administrators
    Account Administrators must submit quarterly reports regarding the 
accounts holding the HEU Natural Uranium Component, in the format set 
forth in Attachment Three. These reports must be submitted on May 1, 
August 1, November 1, and February 1 of each year for the quarters 
ending March 31, June 30, September 30, and December 31, respectively.

J. Verification

    The Department reserves the right to verify any information 
submitted to the Department relating to deliveries under the USEC 
Privatization Act. Furthermore, the Department may restrict future 
deliveries from any account in which the reported activity is found to 
be in violation of these revised HEU Procedures and/or the Annual 
Maximum Deliveries if such violations are not rectified to the 
satisfaction of the Department and MINATOM.

[[Page 25870]]

K. Consultations

    Upon request, MINATOM and the Department will hold consultations 
subsequent to the filing of the quarterly reports due February 1 of 
each year for the purpose of exchanging/reviewing all data pertaining 
to deliveries of HEU Natural Uranium Component under these revised HEU 
Procedures during the previous year. Consultations may be held at other 
times as necessary.

L. Re-Importation Requirements 1

    1. HEU Natural Uranium Component previously sold to an End-User, 
exported from the United States for further processing, and 
subsequently re-imported:
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    \1\ The certifications required under this Paragraph are 
independent of the general importer certification requirements of 
the Agreements Suspending the Antidumping Duty Investigations on 
Uranium, as amended (``the Agreements''). Certification number 3 on 
Attachment Four (page two) and certification numbers 2 and 4 on 
Attachment Five (page two) will continue to be required only to the 
extent they are applicable. At such a time when the Agreements are 
no longer in existence, the certifications required under this 
Paragraph will be amended to reflect the absence of the Agreements.
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    The End-user or its agent must submit a notification letter and 
certifications as set forth in Attachment Four.
    2. HEU Natural Uranium Component sold for delivery outside the 
territory of the United States to an End-User and subsequently imported 
to be consumed by an End-User in accordance with Annual Maximum 
Delivery Limitations:
    The End-User or its agent must submit a notification letter and 
certifications as set forth in Attachment Four.
    3. HEU Natural Uranium Component sold for consumption outside the 
United States to be imported into the United States for further 
processing and exportation:
    The entity or importer of record must provide the information set 
forth in Attachment Five. In addition, the owner of this material must 
certify to the Department that the material will not be swapped, 
exchanged, or loaned while in the United States and that it will not 
(and has not) circumvented the Annual Maximum Delivery Limitations. The 
owner must also provide the Department with the expected quantity 
(U308 equivalent, less any processing losses) 
that will be exported from the United States. There shall be no time or 
quantity limitations on the import of HEU Natural Uranium Component 
under this provision.
    4. In all cases noted above, the owner of the HEU Natural Uranium 
Component or its agent must provide the Department with the required 
information ten (10) days prior to its expected entry into the United 
States. Within ten (10) days of receipt of the required information, 
the Department shall provide the United States Customs Service with the 
appropriate instructions to clear this shipment. The Department will 
notify the importer of record of the issuance of such instructions.

M. Enforcement

    If the Department finds that a Designated Agent has directly or 
indirectly exceeded its delivery allocation, the Department will 
require the Account Administrator or the appropriate entity to withhold 
any further release of HEU Natural Uranium Component from the 
Designated Agent's Account, until the issue has been satisfactorily 
resolved among the Department, MINATOM, and the relevant Designated 
Agent. The Department will notify both the Account Administrator and 
the affected Designated Agent in writing of its enforcement action.

N. Future Revisions

    Any future revisions to these HEU Procedures will be made only 
after public notice in the Federal Register and an opportunity for 
interested party comment.

Attachment One--Swaps, Exchanges, Loans, and Resales Notification 
Format

    For each swap, exchange, loan, or resale under a provision of 
the HEU Procedures, provide the following information to the 
Department:
    1. The quantity and origin(s) of the material.
    2. The location(s) of the transaction.
    3. The parties involved in the transaction.
    4. The purpose of the transaction.

Attachment Two 2 Designated Agent Quarterly Report Form
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    \2\ The Department will amend this certification to reflect 
changes, if any, in the existence of the Agreement Suspending the 
Antidumping Investigation on Uranium from the Russian Federation.
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Quarterly Delivery Report for (INSERT DATES AND DESIGNATED AGENT) 
HEU Natural Uranium Component

Beginning Balance (in U3O8 equivalent):----------

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                      Quantity (in UF6 and       Transaction
          Transaction date               Delivered from           Delivered to          U3O8 equivalent)         description              Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
 
 
--------------------------------------------------------------------------------------------------------------------------------------------------------

Ending Balance (in U3O8 equivalent):-------------
    (DESIGNATED AGENT) certifies that it holds an HEU Natural 
Uranium Component account at (STATE NAME OF ENTITY(IES)) and that 
all HEU Natural Uranium Component transferred from or into this 
(these) account(s) during calendar quarter (INDICATE DATES) has been 
transferred for one of the following reasons: (1) for use under an 
approved matched sale under 42 U.S.C. Sec. 2297h-10(b) of the USEC 
Privatization Act and Article IV of the Agreement Suspending the 
Antidumping Investigation on Uranium from the Russian Federation, as 
amended; (2) for use in overfeeding in U.S. enrichment facilities 
pursuant to 42 U.S.C. Sec. 2297h-10(b)(7); (3) for delivery to a 
United States End-User for Consumption, within the Annual Maximum 
Deliveries set forth in the USEC Privatization Act, at 42 U.S.C. 
Sec. 2297h-10(b)(5); (4) for export out of the United States; or (5) 
for further processing on behalf of (NAME OF ENTITY).
    (DESIGNATED AGENT) further certifies that, for the time period 
in which the material was in its possession or control, none of the 
HEU Natural Uranium Component transferred from or into the 
account(s) during the calendar quarter (INDICATE DATES) has been 
loaned, swapped, exchanged or used in any arrangement that directly 
or indirectly circumvents the limitations set forth in 42 U.S.C. 
Sec. 2297h-10(b)(5) of the USEC Privatization Act, the Agreement 
Suspending the Antidumping Investigation on Uranium from the Russian 
Federation, as amended, or the Procedures for Delivery of HEU 
Natural Uranium Component in the United States, as revised.

Signature:-------------------------------------------------------------

Printed Name:----------------------------------------------------------

Title:-----------------------------------------------------------------

Attachment Three--Account Administrator Quarterly Report Form

Quarterly Report for (INSERT DATES AND ACCOUNT ADMINISTRATOR) HEU 
Natural Uranium Component

Beginning Balance (in U3O8 equivalent):

[[Page 25871]]

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--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                      Quantity (in UF6 and       Transaction
          Transaction date               Delivered from           Delivered to          U3O8 equivalent)         description              Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
 
 
--------------------------------------------------------------------------------------------------------------------------------------------------------

Ending Balance (in U3O8 equivalent):-------------
    (ACCOUNT ADMINISTRATOR) certifies that to the best of its 
knowledge, the foregoing information is true and correct.

Signature:-------------------------------------------------------------

Printed Name:----------------------------------------------------------

Title:-----------------------------------------------------------------

Attachment Four (Page One)--Re-importation Notification Form and 
Certifications

    TOPIC: Re-importation of Uranium under 42 U.S.C. Sec. 2297h-
10(b)(5) of the USEC Privatization Act.
    Pursuant to Paragraph L of the Procedures for Delivery of HEU 
Natural Uranium Component in the United States, as revised, we 
hereby submit information describing the re-importation of Russian 
origin uranium subject to the delivery limitations set forth in the 
USEC Privatization Act, at 42 U.S.C. Sec. 2297h-10(b)(5):

Export:

    2. Quantity of HEU Natural Uranium Component 
(U3O8 equivalent) exported out of U.S.:
    3. Date of Export out of U.S. (if available):

Re-Importation:

    1. (NUMBER) lbs. of U3O8 equivalent 
contained in (NUMBER) KgU with enrichment assay (NUMBER) wt % and 
tails assay (NUMBER) wt %, as applicable:
    2. Port of Re-Importation:
    3. Importer of Record:
    4. Planned Date of Re-Importation:
    5. End User:
    6. Vessel/Airline Name:
    Also, please find attached the importer of record declaration 
regarding country of origin, anti-circumvention and qualification of 
this material under 42 U.S.C. Sec. 2297h-10(b) of the USEC 
Privatization Act. We also agree to verification of this information 
if requested.

Attachment Four (Page Two)--Importation Notification Form and 
Certifications

 Certifications To U.S. Customs Service

    1. (END-USER or IMPORTER OF RECORD) hereby certifies that the 
HEU Natural Uranium Component of the uranium being imported into the 
United States is derived from Russian highly enriched uranium 
pursuant to the Agreement Between the Government of the United 
States of America and the Government of the Russian Federation 
Concerning the Disposition of Highly Enriched Uranium Extracted from 
Nuclear Weapons. The uranium being imported was converted in (INSERT 
COUNTRY), and/or enriched in (INSERT COUNTRY) and/or fabricated in 
(INSERT COUNTRY)
    2. (END-USER or IMPORTER OF RECORD) hereby certifies that the 
material being imported was not obtained under any arrangement, 
swap, exchange, or other transaction designed to circumvent the 
delivery limitations set forth in 42 U.S.C. Sec. 2297h-10(b) of the 
USEC Privatization Act, 42 U.S.C. Sec. 2297h, et seq., and the 
Procedures for Delivery of HEU Natural Uranium Component in the 
United States, as revised.
    3. (END-USER or IMPORTER OF RECORD) hereby certifies that the 
material being imported was not obtained under any arrangement, 
swap, exchange, or other transaction designed to circumvent any of 
the agreements suspending the antidumping investigations on uranium, 
as amended.
    4. (END-USER or IMPORTER OF RECORD) hereby certifies that the 
uranium being imported into the United States is for consumption in 
the United States and is in compliance with 42 U.S.C. Sec. 2297h-
10(b) of the USEC Privatization Act, 42 U.S.C. Sec. 2297h, et seq. 
The material being imported represents (NUMBER) lbs. 
U3O8 equivalent of (NUMBER) lbs. 
U3O8 equivalent exported for further 
processing on (DATE) or delivered to an End-User outside the United 
States.

Signature:-------------------------------------------------------------

Printed Name:----------------------------------------------------------

Title:-----------------------------------------------------------------

Attachment Five (Page One)--Importation Notification Form and 
Certifications

    TOPIC: Importation of Uranium under 42 U.S.C. Sec. 2297h-
10(b)(5) of the USEC Privatization Act---Consumption Outside the 
United States.
    Pursuant to Paragraph L of the Procedures for Delivery of HEU 
Natural Uranium Component in the United States, as revised, we 
hereby submit information describing our scheduled importation of 
Russian origin uranium into the United States for subsequent export:
    1. Scheduled Date of Re-importation:
    2. (NUMBER) lbs. Of U3O8 in (NUMBER) KgU 
with enrichment assay (NUMBER) wt % and tails assay (NUMBER) wt % 
(if applicable):
    3. Port of Re-importation:
    4. Importer of Record:
    5. Vessel/Airline:
    6. Parties Providing Further Processing and/or storage:
    7. Anticipated Date of Export out of U.S. (if available):
    8. End-User:
    Also, please find attached the importer of record declaration 
regarding country of origin, anticircumvention, and qualification of 
the material under 42 U.S.C. Sec. 2297h-10(b) of the USEC 
Privatization Act. We also agree to verification of this information 
if requested.

Attachment Five (Page Two)--Importation Notification Form and 
Certifications

Certifications To U.S. Customs Service

    1. (OWNER or IMPORTER OF RECORD) hereby certifies that the HEU 
Natural Uranium Component of the uranium being imported into the 
United States is derived from Russian highly enriched uranium 
pursuant to the Agreement Between the Government of the United 
States of America and the Government of the Russian Federation 
Concerning the Disposition of Highly Enriched Uranium Extracted from 
Nuclear Weapons. The uranium being imported was converted in (INSERT 
COUNTRY), and/or enriched in (INSERT COUNTRY), and/or fabricated in 
(INSERT COUNTRY) and is not intended for consumption in the United 
States.
    2. (OWNER or IMPORTER OF RECORD) hereby certifies that the 
material being imported was not obtained under any arrangement, 
swap, exchange, or other transaction designed to circumvent any of 
the agreements suspending the antidumping investigations on uranium, 
as amended
    3. (OWNER or IMPORTER OF RECORD) hereby certifies that the 
material being imported was not obtained under any arrangement, 
swap, exchange, or other transaction designed to circumvent the 
delivery limitations set forth in 42 U.S.C. Sec. 2297h-10(b)(5) of 
the USEC Privatization Act, 42 U.S.C. Sec. 2297H, et seq., and the 
Procedures for Delivery of HEU Natural Uranium Component in the 
United States, as revised.
    Further, the material being imported will not be swapped, 
exchanged, or loaned or otherwise used in any other transaction 
designed to circumvent any of the agreements suspending the 
antidumping investigations on uranium, as amended.
    Further, the material being imported will not be swapped, 
exchanged, or loaned or otherwise used in any other transaction 
designed to circumvent or the delivery limitations set forth in 42 
U.S.C.Sec. 2297h-10(b)(5) of the USEC Privatization Act, 42 U.S.C. 
Sec. 2297h, et seq. and the Procedures for Delivery of HEU Natural 
Uranium Component in the United States, as revised.

Signature:-------------------------------------------------------------

Printed Name:----------------------------------------------------------

Title:-----------------------------------------------------------------

[FR Doc. 99-12155 Filed 5-12-99; 8:45 am]
BILLING CODE 3510-DS-P