[Federal Register Volume 65, Number 163 (Tuesday, August 22, 2000)]
[Notices]
[Pages 50958-50959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21394]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-802]


Continuation of Suspended Antidumping Duty Investigation: Uranium 
From Russia

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

ACTION: Notice of continuation of suspended antidumping duty 
investigation: uranium from Russia

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SUMMARY: On July 5, 2000, the Department of Commerce (``the 
Department''), pursuant to sections 751(c) and 752 of the Tariff Act of 
1930, as amended (``the Act''), determined that termination of the 
agreement suspending the antidumping duty investigation (the 
``Agreement'') on uranium from Russia, is likely to lead to 
continuation or recurrence of dumping. See Certain Uranium from Russia; 
Final Results of Sunset Review of Suspended Antidumping Duty 
Investigation (``Final Results''), 65 FR 41439 (July 5, 2000). On 
August 9, 2000, the International Trade Commission (``the 
Commission''), pursuant to section 751(c) of the Act, determined that 
termination of the Agreement on uranium from Russia would be likely to 
lead to continuation or recurrence of material injury to an industry in 
the United States within a reasonably foreseeable time. See Uranium 
from Russia, Ukraine, and Uzbekistan (``ITC Final Results''), 65 FR 
48734 (August 9, 2000). Therefore, pursuant to 19 CFR 351.218(f)(4), 
the Department is publishing this notice of the continuation of the 
Agreement on uranium from Russia.

Effective Date: August 22, 2000.

For Further Information Contact: Kathryn B. McCormick or James P. 
Maeder, Office of Policy for Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave., NW, Washington, DC 20230; telephone: (202) 482-1930 
or (202) 482-3330, respectively.

SUPPLEMENTARY INFORMATION

Background:

    On August 2, 1999, the Department initiated, and the Commission 
instituted, sunset reviews (64 FR 67247 and 64 FR 41965, respectively) 
of the Agreement on uranium from Russia, pursuant to section 751(c) of 
the Act. As a result of its review, the Department found on July 5, 
2000 that termination of the Agreement on uranium from Russia would 
likely lead to continuation or recurrence of dumping and notified the 
Commission of the magnitude of the margin likely to prevail were the 
Agreement terminated. See Final Results (65 FR 41439).
    On August 9, 2000, the Commission determined, pursuant to section 
751(c) of the Act, that termination of the Agreement on uranium from 
Russia would be likely to lead to continuation or recurrence of 
material injury to an industry in the United States within a reasonably 
foreseeable time. See ITC Final Results (65 FR 48734), and USITC 
Publication 3334 (August 2000), Investigation No. 731-TA-539-C, E and F 
(Review).

Scope

    According to the June 3, 1992, preliminary determination, the 
suspended investigation of uranium from Russia encompassed one class or 
kind of merchandise.\1\ The merchandise included 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 compound; uranium enriched in U \235\ and its compounds; alloys 
dispersions (including cermets), ceramic products and mixtures 
containing uranium enriched in U \235\ or compounds or uranium enriched 
in U \235\; and any other forms of uranium within the same class or 
kind. The uranium subject to these investigations was provided for 
under subheadings 2612.10.00.00, 2844.10.10.00, 2844.10.20.10, 
2844.10.20.25, 2844.10.20.50, 2844.10.20.55, 2844.10.50, 2844.20.00.10, 
2844.20.00.20, 2844.20.00.30, and 2844.20.00.50 of the Harmonized 
Tariff Schedule of the United States (``HTSUS'').\2\ In addition, the 
Department preliminarily determined that highly-enriched uranium 
(``HEU'') (uranium enriched to 20 percent or greater in the isotope 
uranium-235) is not within the scope of the investigation.
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    \1\ The Department based its analysis of the comments on class 
or kind submitted during the proceeding and determined that the 
product under investigation constitutes a single class or kind of 
merchandise. The Department based its analysis on the 
``Diversified'' criteria (see Diversified Products Corp. v. United 
States, 6 CIT 1555 (1983); see also Preliminary Determination of 
Sales at Less Than Fair Value: Uranium from Kazakhstan, Kyrgyzstan, 
Russia, Tajikistan, Ukraine and Uzbekistan; and Preliminary 
Determination of Sales at Not Less Than Fair Value: Uranium from 
Armenia, Azerbaijan, Byelarus, Georgia, Moldova and Turkmenistan, 57 
FR 23380, 23382 (June 3, 1992).
    \2\ See Preliminary Determination of Sales at Less Than Fair 
Value: Uranium from Kazakhstan, Kyrgyzstan, Russia, Tajikistan, 
Ukraine and Uzbekistan; and Preliminary Determination of Sales at 
Not Less Than Fair Value: Uranium from Armenia, Azerbaijan, 
Byelarus, Georgia, Moldova and Turkmenistan, 57 FR 23380, 23381 
(June 3, 1992).
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    On October 30, 1992, the Department issued a suspension of the 
antidumping duty investigation of uranium from Russia and an amendment 
of the preliminary determination.\3\ The notice amended the scope of 
the investigation to include HEU.\4\ Imports of uranium ores and 
concentrates, natural uranium compounds, and all other forms of 
enriched uranium were classifiable under HTSUS subheadings 2612.10.00, 
2844.10.20, 2844.20.00, respectively. Imports of natural uranium metal 
and forms of natural uranium other than compounds were classifiable 
under HTSUS subheadings 2844.10.10 and 2844.10.50.\5\
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    \3\ See Antidumping; Uranium from Kazakhstan, Kyrgyszstan, 
Russia, Tajikistan, Ukraine, and Uzbekistan; Suspension of 
Investigations and Amendment of Preliminary Determinations, 57 FR 
49220 (October 30, 1992).
    \4\ Id. at 49235.
    \5\ Id.
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    In addition, Section III of the Agreement provides that uranium ore 
from Russia that is milled into U3O8 and/or 
converted into UF6 in another country prior to direct and/or 
indirect importation into the United States is considered uranium from 
Russia and is subject to the terms of the Agreement, regardless of any 
subsequent modification or blending.\6\ Uranium enriched in 
U235 in another country prior to direct and/or indirect

[[Page 50959]]

importation into the United States is not considered uranium from the 
Russian Federation and is not subject to the terms of the Agreement.
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    \6\ Id. at 49235.
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    In addition, Section M.1 of the Agreement in no way prevents the 
Russian Federation from selling directly or indirectly any or all of 
the HEU in existence at the time of the signing of the agreement and/or 
LEU produced in Russia from HEU to the Department of Energy (``DOE''), 
its governmental successor, its contractors, or U.S. private parties 
acting in association with DOE or the USEC and in a manner not 
inconsistent with the Agreement between the United States of America 
and the Russian Federation concerning the disposition of HEU resulting 
from the dismantlement of nuclear weapons in Russia.
    There were three amendments to the Agreement on Russian uranium. In 
particular, the second amendment to the Russian suspension agreement, 
on November 4, 1996, permitted, among other things, the sale in the 
United States of Russian low-enriched uranium (``LEU'') derived from 
HEU and included within the scope of the suspension agreement Russian 
uranium which has been enriched in a third country prior to importation 
into the United States. \7\ According to the amendment, these 
modifications remained in effect until October 3, 1998. \8\
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    \7\ See Amendments to the Agreement Suspending the Antidumping 
Investigation on Uranium from the Russian Federation, 61 FR 56665 
(November 4, 1996).
    \8\ Id. 61 FR at 56667.
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    On August 6, 1999, USEC, Inc. and its subsidiary, United States 
Enrichment Corporation, requested that the Department issue a scope 
ruling to clarify that enriched uranium located in Kazakstan at the 
time of the dissolution of the Soviet Union is within the scope of the 
Russian suspension agreement. Respondent interested parties filed an 
opposition to the scope request on August 27, 1999. That scope request 
is pending before the Department at this time.

Determination:

    As a result of the determinations by the Department and the 
Commission that termination of the Agreement on uranium from Russia 
would be likely to lead to continuation or recurrence of dumping and 
material injury to an industry in the United States, pursuant to 
section 751(d)(2) of the Act, the Department hereby orders the 
continuation of the Agreement on uranium from Russia. The Department 
will instruct the U.S. Customs Service to continue to collect 
antidumping duty deposits at the rates in effect at the time of entry 
for all imports of subject merchandise. The effective date of 
continuation of this Agreement will be the date of publication in the 
Federal Register of this Notice of Continuation. Pursuant to section 
751(c)(2) and 751(c)(6) of the Act, the Department intends to initiate 
the next five-year review of this Agreement not later than August 2005.

    Dated: August 16, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-21394 Filed 8-21-00; 8:45 am]
BILLING CODE 3510-DS-P