[Federal Register Volume 65, Number 163 (Tuesday, August 22, 2000)]
[Notices]
[Pages 50959-50960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21395]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-844-802; A-823-802]


Revocation of Antidumping Duty Order on Uranium From Ukraine and 
Termination of Suspended Antidumping Duty Investigation on Uranium From 
Uzbekistan

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

ACTION: Notice of revocation of antidumping duty order on uranium from 
Ukraine and termination of suspended antidumping duty investigation on 
uranium From Uzbekistan.

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SUMMARY: On March 3, 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 revocation of the 
antidumping duty order on uranium from Ukraine would be likely to lead 
to continuation or recurrence of dumping. See Uranium from Ukraine; 
Final Results of Expedited Sunset Review of Antidumping Duty Order 
(``Final Results: Ukraine''), 65 FR 11552 (March 3, 2000). On July 5, 
2000, the Department determined that termination of the suspended 
antidumping duty investigation on uranium from Uzbekistan would be 
likely to lead to continuation or recurrence of dumping. See Uranium 
from Uzbekistan; Final Results of Full Sunset Review of Suspended 
Antidumping Duty Investigation (``Final Results: Uzbekistan''), 65 FR 
41441 (July 5, 2000).
    On August 9, 2000, the International Trade Commission (``the 
Commission''), pursuant to section 751(c) of the Act, determined that 
revocation of the above antidumping duty order on uranium from Ukraine 
and termination of the suspended antidumping duty investigation on 
uranium from Uzbekistan would not 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 351.222(i)(1), the Department is 
publishing notice of the revocation of the antidumping duty order on 
uranium from Ukraine and the termination of the suspended antidumping 
duty investigation on uranium from Uzbekistan.

Effective Date: January 1, 2000.

For Further Information Contact:  Kathryn B. McCormick or James 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 41915) of the antidumping duty order 
on uranium from Ukraine and the agreement suspending the antidumping 
duty investigation on uranium from Uzbekistan. As a result of its 
reviews, the Department found that revocation of the antidumping duty 
order and termination of the suspended antidumping duty investigation 
would likely lead to continuation or recurrence of dumping, and 
notified the Commission of the magnitude of the margins were the order 
revoked and suspension agreement terminated.
    On August 9, 2000, the Commission determined, pursuant to section 
751(c) of the Act, that revocation of the antidumping duty order on 
uranium from Ukraine and the termination of the suspended antidumping 
duty investigation on uranium from Uzbekistan would not 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 Nos. 731-TA-539-C, E and F (Review).

[[Page 50960]]

Scope of the Order and Suspension Agreement

Ukraine

    The merchandise subject to this antidumping duty order includes 
Ukrainian 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 in U235 and its compounds; alloys, dispersions 
(including cermets), ceramic products and mixtures containing uranium 
enriched in U235 or compounds or uranium enriched in 
U235. Low enriched uranium (``LEU'') is included within the 
scope of the order; highly enriched uranium (``HEU'') is not. LEU is 
uranium enriched in U235 to a level of up to 20 percent, 
while HEU is uranium enriched in U235 to a level of 20 
percent or more. The uranium subject to this order is 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, 2844.10.50.00, 
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'').\1\ 
Although the above HTSUS subheadings are provided for convenience and 
customs purposes, the written description remains dispositive.
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    \1\ 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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    The Department clarified, in the scope of the order, that: 
``milling'' or ``conversion'' performed in a third country does not 
change the country of origin for the purposes of this order. Milling 
consists of processing uranium ore into uranium concentrate. Conversion 
consists of transforming uranium concentrate into natural uranium 
hexafluoride (UF6). Since milling or conversion does not 
change the country of origin, uranium ore or concentrate of Ukrainian 
origin that is subsequently milled and/or converted in a third country 
will still be considered of Ukrainian origin and subject to antidumping 
duties (58 FR 45483, August 30, 1993).

Uzbekistan

    According to the June 3, 1992, preliminary determination, the 
suspended investigation 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 U235 and its compounds; alloys 
dispersions (including cermets), ceramic products and mixtures 
containing uranium enriched in U235 or compounds or uranium 
enriched in U235; and any other forms of uranium within the 
same class or kind (57 FR 23381, 23382 (June 3, 1992)). The uranium 
subject to these investigations was provided for under HTSUS 
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. Id. In addition, the Department 
preliminarily determined that HEU was not covered within the scope of 
the investigation, and that the subject merchandise constituted a 
single class or kind of merchandise.
    On October 30, 1992, the Department issued a suspension of the 
antidumping duty investigation of uranium from Uzbekistan and an 
amendment of the preliminary determination.\2\ The notice amended the 
scope of the investigation to include HEU.\3\ The suspension agreement 
provided that uranium ore from Uzbekistan 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 Uzbekistan and is subject to 
the terms of the Agreement.\4\ Further, uranium enriched in 
U235 in another country prior to direct and/or indirect 
importation into the United States was not considered uranium from 
Uzbekistan and was not subject to the terms of the suspension 
agreement.\5\ In this suspension agreement, imports of uranium ores and 
concentrates, natural uranium compounds, and all forms of enriched 
uranium are 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 2844.44.10.50.
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    \2\ 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).
    \3\ Id. at 49221.
    \4\ Id. at 49255.
    \5\ Id.
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    On October 13, 1995, the Department issued an amendment to the 
suspension agreement on uranium from Uzbekistan. Among other things, 
this amendment modified the agreement to include Uzbek uranium enriched 
in a third country prior to importation into the United States.

Determination

    As a result of the determinations by the Commission that revocation 
of the antidumping duty order on uranium from Ukraine and the 
termination of the suspended antidumping duty investigation on uranium 
from Uzbekistan would not 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 revocation of the antidumping duty order on uranium from 
Ukraine and the termination of the suspended antidumping duty 
investigation on uranium from Uzbekistan. The Department will instruct 
the Customs Service to discontinue suspension of liquidation and 
collection of cash deposits on entries of subject merchandise entered 
or withdrawn from warehouse on or after January 1, 2000 (the effective 
date). The Department will complete any pending administrative reviews 
of this order and suspension agreement and will conduct administrative 
reviews of subject merchandise entered prior to the effective date of 
revocation and termination, respectively, in response to appropriately 
filed requests for review.

    Dated: August 16, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-21395 Filed 8-21-00; 8:45 am]
BILLING CODE 3510-DS-P