[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