[Federal Register Volume 88, Number 1 (Tuesday, January 3, 2023)]
[Notices]
[Pages 61-63]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28532]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-802]


Uranium From the Russian Federation; Final Results of the 
Expedited Fifth Sunset Review of the Suspension Agreement

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

SUMMARY: As a result of this sunset review, the U.S. Department of 
Commerce (Commerce) finds that termination of the Agreement Suspending 
the Antidumping Investigation on Uranium from the Russian Federation 
(Agreement) and the suspended antidumping duty

[[Page 62]]

investigation would be likely to lead to continuation or recurrence of 
dumping at the levels indicated in the ``Final Results of Review'' 
section of this notice.

DATES: Applicable January 3, 2023.

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 September 1, 2022, Commerce initiated the fifth sunset review of 
the suspended antidumping duty investigation on uranium from the 
Russian Federation (Russia), pursuant to section 751(c) of the Tariff 
Act of 1930, as amended (the Act).\1\ Commerce received notices of 
intent to participate in this sunset review from Louisiana Energy 
Services, LLC (LES); Ur-Energy USA Inc (Ur-Energy); Energy Fuels 
Resources (USA) Inc. (Energy Fuels); Power Resources, Inc. and Crow 
Butte Resources, Inc. (PRI and Crow Butte); ConverDyn; Global Laser 
Enrichment, LLC (GLE); Uranium Producers of America (UPA); and Centrus 
Energy Corp. and United States Enrichment Corporation (collectively, 
Centrus) between September 12, 2022, and September 16, 2022, within the 
applicable deadline specified in section 351.218(d)(1)(i) of Commerce's 
regulations. Each claimed interested party status under section 771(9) 
of the Act as producers of the domestic like product, importers of such 
merchandise, or as a trade association whose members manufacture a 
domestic like product.
---------------------------------------------------------------------------

    \1\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 53727 
(September 1, 2022).
---------------------------------------------------------------------------

    Commerce received adequate substantive responses from LES, PRI and 
Crow Butte, GLE, UPA, Centrus, and Constellation Energy Generation, LLC 
within the 30-day deadline specified in Commerce's regulations under 
section 351.218(d)(3)(i). Ur-Energy and Energy Fuels submitted their 
substantive responses very shortly after the 5:00 p.m. time limit on 
the due date, and Commerce subsequently extended the time limit and 
accepted these responses for good cause pursuant to 19 CFR 351.302(b). 
Commerce did not receive a substantive response from any respondent 
interested party. As a result, Commerce conducted an expedited (120-
day) sunset review, in accordance with 19 CFR 
351.218(e)(1)(ii)(C)(2).\2\
---------------------------------------------------------------------------

    \2\ See Commerce's Letter, ``Sunset Reviews Initiated on 
September 1, 2022,'' dated October 25, 2022.
---------------------------------------------------------------------------

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. \3\
---------------------------------------------------------------------------

    \3\ The second amendment of two amendments to the Suspension 
Agreement effective on October 3, 1996, in part included within the 
scope of the Suspension Agreement for Russian uranium which had been 
enriched in a third country prior to importation into the United 
States. According to the amendment, this modification remained in 
effect until October 3, 1998. See Amendments to the Agreement 
Suspending the Antidumping Investigation on Uranium from the Russian 
Federation, 61 FR 56665, 56667 (November 4, 1996).
---------------------------------------------------------------------------

    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.

Analysis of Comments Received

    All issues raised in this sunset review, including the likelihood 
of continuation or recurrence of dumping and the magnitude of the 
margin of dumping likely to prevail if the Agreement is terminated, are 
addressed in the accompanying Issues and Decision Memorandum.\4\ 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 https://access.trade.gov. A 
list of topics discussed in the Issues and Decision Memorandum is 
included as an appendix to this notice. A complete version of the 
Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Fifth Sunset Review of the Agreement Suspending 
the Antidumping Investigation on Uranium from the Russian 
Federation,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Final Results of Review

    Pursuant to section 752(c) of the Act, Commerce determines that 
termination of the Agreement and suspended investigation on uranium 
from Russian would likely lead to continuation or recurrence of dumping 
at a margin of up to 115.82 percent.

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
an administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a violation subject 
to sanction.

Notification to Interested Parties

    We are issuing and publishing these results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 
19 CFR 351.218.


[[Page 63]]


    Dated: December 27, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Agreement
IV. History of the Agreement
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of Margin Likely to Prevail
VII. Final Results of Expedited Review
VIII. Recommendation

[FR Doc. 2022-28532 Filed 12-30-22; 8:45 am]
BILLING CODE 3510-DS-P