[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]


-----------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \6\ See Id. at 49235.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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