[Federal Register Volume 85, Number 197 (Friday, October 9, 2020)]
[Notices]
[Pages 64112-64120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22431]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-802]


2020 Amendment to the Agreement Suspending the Antidumping 
Investigation on Uranium From the Russian Federation

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

SUMMARY: The U.S. Department of Commerce (Commerce) and the Russian 
Federation's State Atomic Energy Corporation Rosatom (ROSATOM) have 
signed an amendment to the Agreement Suspending the Antidumping 
Investigation on Uranium from the Russian Federation (Agreement). The 
amendment extends the Agreement through 2040 and allows the Russian 
Federation to export Russian uranium products to the United States in 
accordance with the export limits and other terms detailed in the 
amended Agreement.

DATES: Applicable October 5, 2020.

FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or Jill Buckles, 
Bilateral Agreements Unit, 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

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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\ The Agreement was subsequently amended, 
by agreement of both governments, on March 11, 1994,\2\ October 3, 
1996,\3\ May 7, 1997,\4\ and February 1, 2008.\5\ Pursuant to the 2008 
amendment, the Agreement and the underlying antidumping investigation 
were set to terminate on December 31, 2020.
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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).
    \2\ See Amendment to Agreement Suspending the Antidumping 
Investigation on Uranium from the Russian Federation, 59 FR 15373 
(April 1, 1994).
    \3\ See Amendments to the Agreement Suspending the Antidumping 
Investigation on Uranium from the Russian Federation, 61 FR 56665 
(November 4, 1996).
    \4\ See Amendment to Agreement Suspending the Antidumping 
Investigation on Uranium from the Russian Federation, 62 FR 37879 
(July 15, 1997).
    \5\ See Amendment to the Agreement Suspending the Antidumping 
Investigation on Uranium from the Russian Federation, 73 FR 7705 
(February 11, 2008).
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    On February 22, 2019, Commerce formally opened consultations with 
ROSATOM with respect to a possible extension of the Agreement's 
term.\6\ On September 11, 2020, Commerce and ROSATOM initialed a draft 
amendment to the Agreement. On September 16, 2020, Commerce published 
the draft amendment text in the Federal Register and invited comments 
from interested parties, industrial users, and the public to be 
submitted by September 28, 2020.\7\ On September 11, 2020, Commerce 
also released a draft memorandum regarding the prevention of price 
suppression or undercutting of domestic products pursuant to the draft 
amendment and requested comments to be submitted by September 28, 
2020.\8\
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    \6\ See Letter to Rosatom from P. Lee Smith, Deputy Assistant 
Secretary for Policy & Negotiations, ``Consultations on the 
Agreement Suspending the Antidumping Investigation on Uranium from 
the Russian Federation,'' dated February 22, 2019.
    \7\ See Draft Amendment to the Agreement Suspending the 
Antidumping Investigation on Uranium From the Russian Federation; 
Request for Comment, 85 FR 57824 (September 16, 2020).
    \8\ See Memorandum to Jeffrey I. Kessler, Assistant Secretary 
for Enforcement & Compliance, from Joseph A. Laroski, Jr., Deputy 
Assistant Secretary for Policy & Negotiations, ``Prevention of Price 
Suppression or Undercutting of Price Levels of Domestic Products by 
the Agreement Suspending the Antidumping Investigation on Uranium 
from the Russian Federation, as Amended,'' dated September 11, 2020; 
see also Memorandum to the File, ``Comments on Draft Price 
Suppression Memorandum,'' dated September 14, 2020.
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    On September 25, 2020, Commerce received comments from Strata 
Energy Inc. On September 28, 2020, Commerce received comments on the 
draft amendment and draft memorandum from the following parties: Power 
Resources, Inc. and Crow Butte Resources, Inc.; the Uranium Producers 
of America; Louisiana Energy Services, LLC; ROSATOM and TENEX, Joint-
Stock Company; Exelon Generation Company, LLC, Ameren Missouri, and the 
Ad Hoc Utilities Group; Centrus Energy Corp. and United States 
Enrichment Corporation; and Energy Fuels Resources (USA) Inc. and Ur-
Energy USA Inc.

Amendment to Agreement

    On October 5, 2020, after consideration of the interested party and 
other comments received, Commerce and ROSATOM signed a finalized 
amendment to the Agreement.\9\ The text of the finalized amendment is 
identical to the text released for public comment on September 11, 
2020, except for the signature blocks. The amendment extends the 
Agreement through 2040 and allows for exports of Russian uranium 
products in the U.S. market in accordance with the export limits and 
other terms detailed in the amendment. In accordance with section 
734(l)(1)(B) of the Act, we have determined that the amended Agreement 
will prevent the suppression or undercutting of price levels of 
domestic uranium products by imports of that merchandise from Russia. 
We have also determined that the amended Agreement is in the public 
interest and can be monitored effectively, as required under section 
734(l)(1)(A) of the Act. The text of the amendment follows in the Annex 
of this notice with the exception of Appendix 5 which contains business 
proprietary information and is releasable only under the Administrative 
Protective Order (APO).
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    \9\ See Commerce Memorandum, ``Placing the 2020 Amendment to the 
Agreement Suspending the Antidumping Investigation on Uranium from 
the Russian Federation on the Record,'' dated October 5, 2020.
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Scope of the Agreement

    The product covered by the 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.
    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 this Agreement.
    For purposes of this Agreement, uranium enriched in U\235\ or 
compounds of uranium enriched in U\235\ in Russia are covered by this 
Agreement, regardless of their subsequent modification or blending. 
Uranium enriched in U\235\ in another country prior to direct and/or 
indirect importation into the United States is not considered uranium 
from Russia and is not subject to the terms of this Agreement.
    HEU is within the scope of the underlying investigation, and HEU is 
covered by this Agreement. For the purpose of this Agreement, HEU means 
uranium enriched to 20 percent or greater in the isotope uranium-235.
    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.

Administrative Protective Order Access

    The APO Commerce granted in the suspension agreement segment of 
this proceeding remains in place and effective for the amended 
Agreement. All new interested parties requesting access to business 
proprietary information submitted during the administration of the 
amended Agreement, under the APO currently in effect, must submit an 
APO application in accordance with Commerce's regulations currently in 
effect.\10\
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    \10\ See Section 777(c)(1) of the Act; see also 19 CFR 351.103, 
351.304, 351.305, and 351.306.
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    We are issuing and publishing this notice in accordance with 
section 734(f)(1)(A) of the Act and 19 CFR 351.208(g)(2).

    Dated: October 5, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
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[FR Doc. 2020-22431 Filed 10-8-20; 8:45 am]
BILLING CODE 3510-DS-C