[Federal Register Volume 71, Number 155 (Friday, August 11, 2006)]
[Notices]
[Pages 46191-46192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-13195]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-821-802
Continuation of Suspended Antidumping Duty Investigation: Uranium
From the Russian Federation
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determination by the Department of Commerce
(``the Department'') that termination of the Agreement Suspending the
Antidumping Investigation on Uranium from the Russian Federation
(``Suspension Agreement'') would likely lead to continuation or
recurrence of dumping and the determination by the International Trade
Commission (``ITC'') that termination of the suspended antidumping duty
investigation on uranium from the Russian Federation would likely lead
to continuation or recurrence of material injury to an industry in the
United States within a reasonably foreseeable time, the Department is
publishing this notice of continuation of the Suspension Agreement on
uranium from Russia.
EFFECTIVE DATE: August 11, 2006.
FOR FURTHER INFORMATION CONTACT: Sally C. Gannon, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC
20230; telephone: (202) 482-0162.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2005, the ITC instituted, and the Department initiated,
a sunset review of the Suspension Agreement, pursuant to section 751(c)
of the Tariff Act of 1930, as amended (``the Act''). See ITC
Investigation Nos. 731-TA-539-C (Second Review), Uranium from Russia,
70 FR 38212 (July 1, 2005) and Initiation of Five-year (Sunset)
Reviews, 70 FR 38101 (July 1, 2005). As a result of its review,
pursuant to sections 751(c) and 752 of the Act, the Department
determined that termination of the Suspension Agreement would likely
lead to a continuation or recurrence of dumping and notified the ITC of
the magnitude of the margin likely to prevail should the Suspension
Agreement be terminated. See Final Results of Five-year Sunset Review
of Suspended Antidumping Duty Investigation on Uranium from the Russian
Federation, 71 FR 32517 (June 6, 2006).
On August 7, 2006, pursuant to section 751(c) of the Act, the ITC
determined that termination of the suspended investigation on uranium
from the Russian Federation 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, 71 FR
44707 (August 7, 2006) and USITC Publication 3872 (August 2006),
entitled ``Uranium From Russia, Investigation No. 731-TA-539-C (Second
Review).'' Therefore, pursuant to Section 351.218(f)(4) of the
Department's regulations, the Department is publishing this notice of
the continuation of the Suspension Agreement.
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 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. The
uranium subject to this investigation 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. 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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\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).
\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\ See Id. at 49235.
\5\ See Id.
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In addition, Section III of the Suspension 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 Suspension Agreement, regardless of any subsequent
modification or blending.\6\ In addition, Section M.1 of the Suspension
Agreement in no way
[[Page 46192]]
prevents Russia from selling directly or indirectly any or all of the
HEU in existence at the time of the signing of the agreement and/or
low-enriched uranium (``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 Suspension Agreement
between the United States and Russia concerning the disposition of HEU
resulting from the dismantlement of nuclear weapons in Russia.
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\6\ See Id. at 49235.
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There were three amendments to the Suspension Agreement on Russian
uranium. In particular, the second amendment to the Suspension
Agreement, published on November 4, 1996, provided for, among other
things, the sale in the United States of the natural uranium feed
associated with the Russian 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\
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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). According to the amendment, the latter
modification remained in effect until October 3, 1998.
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On August 6, 1999, USEC, Inc. and its subsidiary, United States
Enrichment Corporation (collectively, ``USEC'') requested that the
Department issue a scope ruling to clarify that enriched uranium
located in Kazakhstan 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.
Determination
As a result of the determinations by the Department and the ITC
that termination of the suspended investigation would likely lead to
continuation or recurrence, respectively, 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 Suspension Agreement. The effective date of continuation of this
Suspension Agreement will be the date of publication in the Federal
Register of this Notice of Continuation. Pursuant to sections 751(c)(2)
and 751(c)(6) of the Act, the Department intends to initiate the next
five-year sunset review of this Suspension Agreement not later than
July 2011.
This five-year (sunset) review and notice are in accordance with
section 751(c) of the Act and published pursuant to section 777(I)(1)
of the Act.
Dated: August 7, 2006.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E6-13195 Filed 8-10-06; 8:45 am]
BILLING CODE 3510-DS-S