[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Notices]
[Pages 56802-56804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24799]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-802]


Agreement Suspending the Antidumping Duty Investigation on 
Uranium From the Russian Federation: Preliminary Results of 2016-2017 
Administrative Review and Postponement of Final Results

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) is conducting an 
administrative review of the Agreement Suspending the Antidumping Duty 
Investigation on Uranium from the Russian Federation (the Agreement). 
We preliminarily find that the State Atomic Energy Corporation 
``ROSATOM'' (ROSATOM), its affiliates Joint Stock Company ``TENEX'' 
(TENEX) and TENAM Corporation (TENAM), and TENEX's unaffiliated 
reseller, Centrus Energy Corp. and United States Enrichment Corporation 
(collectively, Centrus), are in compliance with the Agreement.

DATES: Applicable November 14, 2018.

FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or Jill Buckles, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-0162 or (202) 482-6230, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On October 16, 1992, Commerce signed an agreement with the Russian 
Federation's Ministry for Atomic Energy (MINATOM), the predecessor to 
ROSATOM, under section 734(l) of the Tariff Act of 1930, as amended 
(the Act), suspending the antidumping duty investigation on uranium 
from the Russian Federation.\1\ There have been five amendments to the 
Agreement, the most recent of which was signed on February 1, 2008.\2\ 
Section 8118 of the

[[Page 56803]]

Consolidated Security, Disaster Assistance, and Continuing 
Appropriations Act, codified at 42 U.S.C. 2297h et seq. (2008) 
(Domenici Amendment) established import limitations through 2020 that 
in large part mirror the export limits instituted in the 2008 amendment 
to the Agreement. On February 2, 2010, Commerce issued its Statement of 
Administrative Intent (SAI) which provided implementation guidance 
related to the 2008 amendment.
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    \1\ See Antidumping; Uranium from Kazakhstan, Kyrgyzstan, 
Russia, Tajikistan, Ukraine, and Uzbekistan; Suspension of 
Investigations and Amendment of Preliminary Determinations, 57 FR 
49220, 49235 (October 30, 1992) (1992 Suspension Agreement).
    \2\ See Amendment to Agreement Suspending the Antidumping 
Investigation on Uranium from the Russian Federation, 59 FR 15373 
(April 1, 1994) (1994 Amendment); Amendments to the Agreement 
Suspending the Antidumping Investigation on Uranium from the Russian 
Federation, 61 FR 56665 (November 4, 1996) (1996 Amendments); 
Amendment to Agreement Suspending the Antidumping Investigation on 
Uranium from the Russian Federation, 62 FR 37879 (July 15, 1997) 
(1997 Amendment); and Amendment to the Agreement Suspending the 
Antidumping Investigation on Uranium from the Russian Federation, 73 
FR 7705 (February 11, 2008) (2008 Amendment).
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    On October 4, 2017, Commerce notified interested parties of the 
opportunity to request an administrative review of the Agreement.\3\ On 
October 30, 2017, domestic interested party Louisiana Energy Services 
LLC (LES) submitted a request for an administrative review of the 
Agreement. On December 7, 2017, Commerce published in the Federal 
Register a notice initiating an administrative review of the 
Agreement.\4\ The period of review (POR) is October 1, 2016, through 
September 30, 2017. On April 27, 2018, Commerce issued questionnaires 
to ROSATOM, TENEX, and any other affiliated or unaffiliated exporters 
and resellers, as applicable. For a complete description of the events 
that followed the initiation of this administrative review, see the 
Preliminary Decision Memorandum.\5\ The Preliminary Decision Memorandum 
is a public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov, and to all parties in the Central Records 
Unit, Room B8024 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/. The signed 
Preliminary Decision Memorandum and the electronic version of the 
Preliminary Decision Memorandum are identical in content.
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    \3\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 82 FR 46217 (October 4, 2017).
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 57705 (December 7, 2017).
    \5\ See Memorandum to Gary Taverman, Deputy Assistant Secretary 
for Antidumping and Countervailing Duty Operations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, re ``Decision Memorandum for the 
Preliminary Results of the Administrative Review of the Agreement 
Suspending the Antidumping Investigation on Uranium from the Russian 
Federation,'' dated concurrently with and adopted by this notice.
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Scope of Review

    The product covered by this Agreement is 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 U\235\ and its compounds; 
alloys, dispersions (including cermets), ceramic products, and mixtures 
containing uranium enriched in U\235\ or compounds of uranium enriched 
in U\235\; and any other forms of uranium within the same class or 
kind.
    Imports of uranium ores and concentrates, natural uranium 
compounds, and all forms of enriched uranium are currently classifiable 
under the Harmonized Tariff Schedule of the United States (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 are currently classifiable under HTSUS subheadings: 
2844.10.10 and 2844.10.50. HTSUS subheadings are provided for 
convenience and Customs purposes. The written description of the scope 
of this proceeding is dispositive. A full description of the scope of 
the order is contained in the Preliminary Decision Memorandum.

Methodology and Preliminary Results

    Commerce is conducting this review in accordance with section 
751(a)(1)(C) of the Act, which specifies that Commerce shall ``review 
the current status of, and compliance with, any agreement by reason of 
which an investigation was suspended.'' In this case, Commerce and 
MINATOM (the predecessor to ROSATOM) signed the Agreement, under 
section 734(l) of the Act, suspending the underlying antidumping duty 
investigation on October 16, 1992, which was subsequently amended on 
March 11, 1994, October 3, 1996, May 7, 1997, and February 1, 2008. 
Section 734(l) provides that Commerce may suspend an investigation upon 
acceptance of an agreement with a non-market-economy country \6\ to 
restrict the volume of imports into the United States, if Commerce 
determines that such an agreement is in the public interest, effective 
monitoring is possible, and the agreement ``will prevent the 
suppression or undercutting of price levels of domestic products by 
imports of the merchandise under investigation.''
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    \6\ Because Commerce determined that the Russian Federation was 
a non-market economy at the time the Agreement was signed, the 
Agreement was entered into under section 734(l) of the Act, which 
applies to non-market-economy countries.
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    After reviewing the information submitted in initial questionnaire 
responses and related new factual information and comments from 
interested parties in this administrative review, we preliminarily find 
no evidence that the Agreement's export limits have not been complied 
with, or evidence of any violation of the Agreement, during the POR. 
For example, Commerce reviewed the contract, contract amendment, 
shipment approval request documentation, and Master Export Schedules 
submitted on the record of the administrative review by the respondents 
for completeness and compliance. We found no discrepancies in the 
respondents' utilization of the export limits during the POR, i.e., the 
overall export limits were not exceeded nor were approved contract 
quantities exceeded. However, in examining respondents' individual 
contracts, contract amendments, and shipment documentation filed on the 
record of the review, we found certain inconsistencies that required 
further examination and clarification. Consequently, Commerce issued 
supplemental questionnaires to TENEX, TENAM, and Centrus regarding, in 
part, certain contracts in force and shipments executed during the POR. 
We have not yet received all of the supplemental questionnaire 
responses and/or had the opportunity to undertake a fulsome review of 
the responses to these supplemental questionnaires. In addition, based 
on Commerce's review to date of the record information, we do not yet 
find a sufficient basis to make a complete determination as to whether 
the Agreement continues to meet the relevant statutory requirements set 
forth in Section 734(l) of the Act.
    In light of parties' comments and due to the complex nature of the 
issues of price suppression and undercutting and public interest, we 
find that we require additional time and information in order to 
complete our examination of whether the Agreement continues to meet the 
statutory requirements referenced above. Commerce also needs to obtain 
additional information and needs additional time to evaluate 
information received, and to be received, from respondents and 
interested parties in order to complete its examination of the current 
status of

[[Page 56804]]

the Agreement. Therefore, we intend to continue our examination after 
the issuance of these preliminary results as to whether the Agreement 
has been complied with during the POR and whether the Agreement 
continues to meet the statutory requirements set forth in section 
734(l) of the Act and intend to issue a post-preliminary analysis as 
soon as practicable. For a full description of the methodology 
underlying our conclusions, see the Preliminary Decision Memorandum.

Disclosure and Public Comment

    As discussed above, Commerce needs additional information and 
additional time to review the information received before making a 
definitive preliminary finding. Therefore, we intend to issue a post-
preliminary analysis on these issues as soon as practicable. The 
comment period on these preliminary results as well as the post-
preliminary analysis will be stated with the release of the post-
preliminary analysis. At that time, interested parties will have the 
opportunity to submit case and rebuttal briefs.
    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. An electronically filed document must be received successfully 
in its entirety by Commerce's electronic records system ACCESS, by 5:00 
p.m. Eastern Time within 30 days after the date of publication of this 
notice. Requests should contain: (1) The party's name, address and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs. If a request for a hearing 
is made, parties will be notified of the time and date for the hearing 
to be held at the U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230.\7\
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    \7\ See 19 CFR 351.310(c).
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Postponement of Final Results

    Section 751(a)(3)(A) of the Act, requires Commerce to complete the 
final results of an administrative review within 120 days after the 
date on which the preliminary results are published. If it is not 
practicable to complete the review within this time period, section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2) allow Commerce to 
extend the time limit for the final results to a maximum of 180 days 
after the date on which the preliminary results are published.
    We determine that it is not practicable to complete the final 
results of this administrative review within 120 days from the date of 
publication of these preliminary results. Commerce requires additional 
time to analyze supplemental questionnaire responses, complete our 
examination, issue our post-preliminary analysis, conduct verification 
of questionnaire responses, and allow for case briefs and rebuttal 
briefs on our preliminary and post-preliminary results. Accordingly, 
Commerce is extending the deadline for the final results of this 
administrative review by 60 days. The final results of the review will 
now be due no later than 180 days from the date of publication of these 
preliminary results.
    We are issuing and publishing these preliminary results of review 
in accordance with sections 751(a)(l) and 777(i)(l) of the Act and 19 
CFR 351.213.

    Dated: November 5, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping Duty and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-24799 Filed 11-13-18; 8:45 am]
 BILLING CODE 3510-DS-P