[Federal Register Volume 65, Number 20 (Monday, January 31, 2000)]
[Unknown Section]
[Pages 4600-4601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2016]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-844-802]


Amendment to Agreement Suspending the Antidumping Investigation 
on Uranium From Uzbekistan

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 Uzbekistan Suspending the 
Antidumping Investigation on Uranium from Uzbekistan.

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SUMMARY:  On October 28, 1999, the Department of Commerce (the 
Department) and the Republic of Uzbekistan (Uzbekistan) signed an 
Amendment to the Agreement Suspending the Antidumping Investigation on 
Uranium from Uzbekistan. This Amendment doubles the amount of Uzbek-
origin uranium that 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.

EFFECTIVE DATE:  October 28, 1999.

FOR FURTHER INFORMATION CONTACT:  James Doyle or Sally Gannon, AD/CVD 
Enforcement, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Ave., NW., 
Washington, DC 20230; telephone: (202) 482-0159 or (202) 482-1374, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 16, 1992, the Department and Uzbekistan signed the 
Agreement Suspending the Antidumping Investigation on Uranium from 
Uzbekistan (Agreement). On October 30, 1992, the Agreement was 
published in the Federal Register (57 FR 49220, 49255). On September 
30, 1994, the Department and Uzbekistan 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 considered these comments and held further 
consultations with Uzbekistan. On July 21, 1995, the Department and 
Uzbekistan initialed an amendment similar to the previous amendment 
except that this amendment contained clauses which redefined Uzbek-
origin uranium to include uranium mined in Uzbekistan and enriched in a 
third country. This amendment was also released to interested parties 
for comment, which were again considered by the Department. 
Subsequently, the Department and Uzbekistan negotiated an amendment 
based upon a different concept than the two amendments previously 
initialed. This amendment replaced the reference price calculation, and 
authorized, during the first and second years of the amendment, direct 
or indirect deliveries of up to 940,000 pounds U3O8 equivalent per year 
of Uzbek-origin natural uranium from Uzbekistan to the United States, 
provided that the latest price calculated pursuant to Section IV.C.1 
was at or above $12.00 per pound equivalent. Commencing with the third 
year (October 13, 1997), this amendment authorized Uzbekistan to make 
annual deliveries of uranium up to, but not exceeding, the levels in 
accordance with the production-tied quota table set forth in Appendix 
A. The amendment retained the provision redefining Uzbek-origin uranium 
to include uranium mined in Uzbekistan and enriched in a third country. 
On October 13, 1995, the Department and Uzbekistan signed a final 
Amendment to the Agreement which took effect immediately (60 FR 55005 
(October 27, 1995)). On August 5, 1999, the Department released to 
interested parties for comment an additional amendment which the 
Department and Uzbekistan had initialed regarding the re-export 
provision of the Agreement. The amendment extended the 12-month 
limitation to up to 36 months and increased the amount of Uzbek uranium 
which could enter the United States for further processing from three 
million pounds U3O8 to six million pounds U3O8. The Department 
subsequently released the proposed amendment to interested parties for 
comment. No comments were received. The Department and Uzbekistan then 
signed the final amendment in its initialed form effective October 28, 
1999. The text of this amendment follows in the Annex to this notice.

    Dated: January 21, 2000.
Joseph A. Spetrini,
Deputy Assistant Secretary for Enforcement Group III.

ANNEX Amendment to the Agreement Suspending the Antidumping 
Investigation on Uranium From Uzbekistan

    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 Uzbekistan, as amended on October 13, 
1995, (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 Uzbekistan, the Government of Uzbekistan may 
issue re-export certificates for import into the United States of 
Uzbek uranium products (``Uzbek Uranium'') 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 the original entry into the United States as 
indicated by the importer of record at the time of entry. The date 
of original entry for Uzbek uranium shall be the date the Uzbek 
uranium is released by U.S. Customs for entry into the United 
States.
    In no event shall an export certificate be endorsed by 
Uzbekistan 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 pound 
U3O8 equivalent at any one time.
    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/

[[Page 4601]]

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 Uzbekistan 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 Uzbekistan 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 Government of 
Uzbekistan, 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 28th day of October, 1999.
    For the Government of Uzbekistan:
Nicholay Kuchersky,
General Director, Navoi Mining and Metallurgical Combinat.

    For the United States Department of Commerce:
Robert S. LaRussa,
Assistant Secretary for Import Administration.

[FR Doc. 00-2016 Filed 1-28-00; 8:45 am]
BILLING CODE 3510-DS-P