[Federal Register Volume 84, Number 125 (Friday, June 28, 2019)]
[Notices]
[Pages 31022-31024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13867]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-802]


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

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) continues to 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 Suspending the Antidumping Investigation 
on Uranium from the Russian Federation (Agreement) during the period of 
review (POR) from October 1, 2016 through September 30, 2017.

DATES: Applicable June 28, 2019.

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 November 14, 2018, Commerce published the Preliminary Results of 
this administrative review.\1\ After the Preliminary Results, we 
received a number of submissions, including responses to supplemental 
questionnaires issued by Commerce prior to the Preliminary Results.\2\ 
In accordance with 19 CFR 351.309(c), we invited interested parties to 
comment on the Preliminary Results.\3\ On June 11, 2019, Louisiana 
Energy Services LLC (LES); Centrus; and Power Resources, Inc. and Crow 
Butte Resources, Inc. (collectively, Cameco) submitted case

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briefs.\4\ On June 14, 2019, LES; \5\ ROSATOM, TENEX, and TENAM 
(collectively, ROSATOM et al.); \6\ Centrus; \7\ Cameco; \8\ and Exelon 
Generation Company, LLC and the Ad Hoc Utilities Group (collectively, 
AHUG) \9\ submitted rebuttal briefs.
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    \1\ See Agreement Suspending the Antidumping Duty Investigation 
on Uranium From the Russian Federation: Preliminary Results of 2016-
2017 Administrative Review and Postponement of Final Results, 83 FR 
56802 (November 14, 2018) (Preliminary Results).
    \2\ See Letter from ROSATOM, TENEX, and TENAM, ``Uranium from 
the Russian Federation--Comments on Factual Information Rebutting, 
Clarifying, or Correcting the Response of ROSATOM to the 
Department's September 21, 2018 Supplemental Questionnaire,'' dated 
November 5, 2018; Letter from TENEX, ``Uranium from the Russian 
Federation Suspension Agreement Administrative Review: Supplemental 
Questionnaire Response of TENEX,'' dated November 7, 2018; Letter 
from Exelon Generation Company, LLC and the Ad Hoc Utilities Group, 
``Uranium from the Russian Federation (A-821-802): Comments on 
Supplemental Questionnaire Response of Joint Stock Company TENEX,'' 
dated November 16, 2018; Letter from Centrus, ``Uranium from the 
Russian Federation: Supplemental Questionnaire Response,'' dated 
November 16, 2018; Letter from LES, ``Uranium from the Russian 
Federation: Factual Information Rebutting, Clarifying, and 
Correcting the Supplemental Questionnaire Response Submitted on 
November 16, 2018 by Centrus Energy Corp. and United States 
Enrichment Corporation,'' dated December 17, 2018; Letter from 
TENEX, ``Uranium from the Russian Federation--TENEX Factual 
Information to Rebut or Clarify Information Provided by LES,'' dated 
January 3, 2019; Letter from Centrus, ``Uranium from the Russian 
Federation: Submission of New Factual Information to Rebut, Clarify 
and Correct LES's December 17, 2018 Submission of New Factual 
Information,'' dated February 12, 2019; and Letter from LES, 
``Uranium from the Russian Federation: Sur-Rebuttal Comments to 
February 12, 2019 Comments of Centrus,'' dated February 26, 2019.
    \3\ See Memorandum to Interested Parties, ``Establishment of 
Briefing Schedule for Preliminary Results in the 2016--2017 
Administrative Review of the Agreement Suspending the Antidumping 
Investigation on Uranium from the Russian Federation,'' dated June 
3, 2019.
    \4\ See Centrus Case Brief, ``Uranium from the Russian 
Federation: Case Brief'' dated June 11, 2019 (Centrus Case Brief); 
see also Cameco Case Brief, ``Uranium from the Russian Federation: 
Case Brief in 2016-2017 Administrative Review,'' dated June 11, 
2019; and LES Case Brief, ``Administrative Review of the Suspension 
Agreement on Uranium from the Russian Federation: Case Brief of 
Louisiana Energy Services, LLC,'' dated June 11, 2019.
    \5\ See LES Rebuttal Brief, ``Administrative Review of the 
Suspension Agreement on Uranium from the Russian Federation: 
Rebuttal Brief of Louisiana Energy Services, LLC,'' dated June 14, 
2019.
    \6\ See ROSATOM et al. Rebuttal Brief, ``Uranium from the 
Russian Federation--ROSATOM, TENEX, and TENAM Rebuttal Brief,'' 
dated June 14, 2019.
    \7\ See Centrus Rebuttal Brief, ``Uranium from the Russian 
Federation: Rebuttal Case Brief,'' dated June 14, 2019.
    \8\ See Cameco Rebuttal Brief, ``Uranium from the Russian 
Federation: Rebuttal to Case Briefs,'' dated June 14, 2019.
    \9\ See AHUG Rebuttal Brief, ``Uranium from the Russian 
Federation (A-821-802): Rebuttal Brief of the Ad Hoc Utilities 
Group,'' dated June 14, 2019.
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    Commerce conducted verification in Moscow, Russia, of the 
questionnaire and supplemental questionnaire responses of ROSATOM and 
TENEX during May 20-24, 2019.\10\ On June 6, 2019, Commerce issued its 
verification report.\11\ On December 12, 2018, LES requested a hearing 
in the administrative review proceeding, and, on December 14, 2018, 
Centrus and Cameco requested a hearing as well. On June 20, 2019, 
Commerce held a public hearing.\12\
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    \10\ See Letter to ROSATOM and TENEX, ``Agreement Suspending the 
Antidumping Investigation on Uranium from the Russian Federation: 
Verification Agenda for State Atomic Energy Corporation ``ROSATOM'' 
and Joint Stock Company ``TENEX,'' dated March 1, 2019; see also 
Memorandum to the File, ``Correction to Verification Dates,'' dated 
April 10, 2019.
    \11\ See Memorandum to the File, ``Verification of the 
Questionnaire Responses of State Atomic Energy Corporation 
``ROSATOM'' and Joint Stock Company ``TENEX'' in the Administrative 
Review of the Agreement Suspending the Antidumping Investigation on 
Uranium from the Russian Federation,'' dated June 6, 2019.
    \12\ See Letter from Commerce to Interested Parties, dated June 
17, 2019; see also Hearing Transcript, dated June 24, 2019.
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    Commerce exercised its discretion to toll all deadlines affected by 
the partial federal government closure from December 22, 2018, through 
the resumption of operations on January 29, 2019.\13\ If the new 
deadline falls on a non-business day, in accordance with Commerce's 
practice, the deadline will become the next business day. The revised 
deadline for the final results is now June 24, 2019.
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    \13\ See Memorandum to the Record from 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, ``Deadlines 
Affected by the Partial Shutdown of the Federal Government,'' dated 
January 28, 2019. All deadlines in this segment of the proceeding 
have been extended by 40 days.
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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 Issues and Decision Memorandum.\14\
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    \14\ See Memorandum to Jeffrey I. Kessler, Assistant Secretary 
for Enforcement and Compliance, from P. Lee Smith, Deputy Assistant 
Secretary for Policy & Negotiations, ``Issues and Decisions 
Memorandum for the Final Results of the Administrative Review of the 
Agreement Suspending the Antidumping Duty Investigation on Uranium 
from the Russian Federation for the period October 1, 2016 through 
September 20, 2017,'' dated concurrently, and hereby adopted by, 
this notice (Issues and Decision Memorandum).
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Analysis

    Commerce continues to find, based on record evidence, that ROSATOM 
was in compliance with the terms of the Agreement and Commerce's 
February 2, 2010 Statement of Administrative Intent (SAI) during the 
POR. Commerce has reviewed the information submitted by ROSATOM and 
found, in particular, no evidence of non-compliance regarding sales or 
exports in excess of the Agreement's export limits and no evidence of 
non-compliance regarding the anti-circumvention requirements in section 
VII of the Agreement or the reporting requirements in Appendix 3 
pursuant to section VIII of the Agreement.
    Commerce finds no evidence of non-compliance by TENEX, TENAM, and 
Centrus during the POR regarding the contract and shipment approval 
requirements provided for in section V of the Agreement, established by 
the SAI, and requested by Commerce. We have reviewed the submissions to 
Commerce requesting approval of contracts or contract amendments 
applicable to both sales and exports of Russian Uranium Products to the 
United States during the POR from TENEX, TENAM, and Centrus and find 
that each party has complied with the contract approval documentation 
requirements in sections V.C and V.F and Appendix 2 of the Agreement 
and in the SAI. We note that TENEX failed to provide to Commerce 
certain contract amendments that changed the material terms of 
contracts in effect as required by the SAI.\15\ However, upon discovery 
of this lapse, TENEX explained the circumstances under which it 
occurred and remedied the situation. We find that, while this oversight 
by TENEX is not insignificant, it does not rise to the level of a 
violation of the Agreement and does not imperil Commerce's ability to 
ensure its strict quota accounting through the contract and shipment 
approval requirements established in the Agreement and the SAI.\16\
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    \15\ See SAI at 4.
    \16\ Id. at 1-4.
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    Regarding submissions to Commerce requesting approval of a shipment 
under an approved contract or contract amendment which entered for 
delivery during the POR, we have reviewed the submissions from TENEX, 
TENAM, and Centrus and find that each party has complied with the 
shipment approval documentation requirements established in the 
Agreement and the SAI and requested by Commerce. Lastly, regarding 
returned natural uranium feed and associated certification 
requirements, we find no issues in the submissions from TENEX, TENAM, 
and Centrus that rise to the level of non-compliance with Commerce's 
requirements regarding returned natural uranium feed, as specified in 
its contract and shipment approval memoranda.
    Commerce is deferring analysis of whether the Agreement continues 
to meet the statutory requirements until the next administrative 
review. This deferral will allow Commerce to conduct a more extensive 
analysis of a larger time period which it believes is

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necessary to resolve the issues raised regarding price suppression or 
undercutting and public interest in this review.
    The issues raised in the case and rebuttal briefs are addressed in 
the accompanying Issues and Decision Memorandum and business 
proprietary memorandum.\17\ The issues are identified in the Appendix 
to this notice. The Issues and 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 http://access.trade.gov and in the Central Records Unit, room B8024 of the 
main Department of Commerce building. In addition, a complete version 
of the Issues and Decision Memorandum can be accessed directly on the 
internet at http://trade.gov/enforcement/frn/index.html. The signed 
Issues and Decision Memorandum and electronic versions of the Issues 
and Decision Memorandum are identical in content.
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    \17\ See Issues and Decision Memorandum; see also Memorandum to 
the File from Sally C. Gannon, Director for Bilateral Agreements, 
``Proprietary Discussion of Issues for the Final Results of the 
Administrative Review of the Agreement Suspending the Antidumping 
Duty Investigation on Uranium from the Russian Federation, for the 
period October 1, 2016, through September 30, 2017,'' dated 
concurrently and hereby adopted by this notice.
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    We are issuing and publishing these results of review in accordance 
with sections 751(a)(l) and 777(i)(l) of the Act and 19 CFR 351.213 and 
19 CFR 351.221(b)(5).

    Dated: June 24, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

APPENDIX

Issues and Decision Memorandum

I. Summary
II. Scope of the Agreement
III. Background
IV. Discussion of the Issues
    Issue 1: Alleged Violations of the Agreement
    Issue 2: Failure to Meet the Statutory Requirements
V. Recommendation
[FR Doc. 2019-13867 Filed 6-27-19; 8:45 am]
 BILLING CODE 3510-DS-P